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CONSOLIDATION Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act S.C. 2011, c. 15 Current to June 20, 2022 Last amended on January 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 January 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 January 1, 2013 TABLE OF PROVISIONS An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 Short Title 1 Short title PART 1 Amendments to the Income Tax Act, a Related Act and a Related Regulation Income Tax Act Canada Disability Savings Act Canada Disability Savings Regulations PART 2 Measures Relating to Excise Duties and Sales and Excise Taxes Excise Act, 2001 Excise Tax Act PART 3 Old Age Security Act PART 4 Payments Genome Canada 15 Maximum payment of $65,000,000 Canadian Youth Business Foundation 16 Maximum payment of $20,000,000 PART 5 Auditor General Act Current to June 20, 2022 Last amended on January 1, 2013 ii Supporting Vulnerable Seniors and Strengthening Canada’s Economy TABLE OF PROVISIONS PART 6 Canada Student Financial Assistance Act Amendments to the Act Coming into Force *19 Order in council PART 7 Mortgage or Hypothecary Insurance Enactment of Protection of Residential Mortgage or Hypothecary Insurance Act 20 Enactment Consequential Amendments Budget Implementation Act, 2006 National Housing Act Office of the Superintendent of Financial Institutions Act Coming into Force *26 Order in council PART 8 Federal-Provincial Fiscal Arrangements Act PART 9 Insurance Companies Act PART 10 Assessment of Financial Institutions Regulations, 2001 Amendment to the Regulations Validation PART 11 Financial Administration Act Amendments to the Act Current to June 20, 2022 Last amended on January 1, 2013 iv Supporting Vulnerable Seniors and Strengthening Canada’s Economy TABLE OF PROVISIONS Coming into Force 36 June 1, 2011 PART 12 Canada Shipping Act, 2001 Amendments to the Act Consequential Amendment to the Coasting Trade Act Current to June 20, 2022 Last amended on January 1, 2013 v S.C. 2011, c. 15 An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 [Assented to 26th June 2011] 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 Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act. PART 1 Amendments to the Income Tax Act, a Related Act and a Related Regulation Income Tax Act 2 [Amendments] 3 [Amendments] Canada Disability Savings Act 4 [Amendment] 5 [Amendment] 6 [Amendment] Current to June 20, 2022 Last amended on January 1, 2013 Supporting Vulnerable Seniors and Strengthening Canada’s Economy PART 1 Amendments to the Income Tax Act, a Related Act and a Related Regulation Canada Disability Savings Regulations Sections 7-15 Canada Disability Savings Regulations 7 [Amendment] 8 [Amendment] PART 2 Measures Relating to Excise Duties and Sales and Excise Taxes Excise Act, 2001 9 [Amendment] Excise Tax Act 10 [Amendment] 11 [Amendment] 12 [Amendments] PART 3 Old Age Security Act 13 [Amendment] 14 [Amendment] PART 4 Payments Genome Canada Maximum payment of $65,000,000 15 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum of not more than $65,000,000 to Genome Canada for its use. Current to June 20, 2022 Last amended on January 1, 2013 Supporting Vulnerable Seniors and Strengthening Canada’s Economy PART 4 Payments Canadian Youth Business Foundation Sections 16-20 Canadian Youth Business Foundation Maximum payment of $20,000,000 16 There may be paid out of the Consolidated Revenue Fund for the fiscal years 2011-12 and 2012-13, on the requisition of the Minister of Industry, a sum of not more than $20,000,000 to the Canadian Youth Business Foundation for its use. PART 5 Auditor General Act 17 [Amendment] PART 6 Canada Student Financial Assistance Act Amendments to the Act 18 [Amendments] Coming into Force Order in council 19 Section 18 comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Section 18 in force January 1, 2012, see SI/2011-112.] PART 7 Mortgage or Hypothecary Insurance Enactment of Protection of Residential Mortgage or Hypothecary Insurance Act Enactment 20 The Protection of Residential Mortgage or Hypothecary Insurance Act is enacted as follows: Current to June 20, 2022 Last amended on January 1, 2013 Supporting Vulnerable Seniors and Strengthening Canada’s Economy PART 7 Mortgage or Hypothecary Insurance Enactment of Protection of Residential Mortgage or Hypothecary Insurance Act Sections 20-31 [See Protection of Residential Mortgage or Hypothecary Insurance Act] Consequential Amendments Budget Implementation Act, 2006 21 [Amendment] National Housing Act 22 [Amendment] 23 [Amendment] 24 [Amendment] Office of the Superintendent of Financial Institutions Act 25 [Amendment] Coming into Force Order in council 26 This Part comes into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 22 to 24 in force June 29, 2012, see 2012, c. 19, s. 359; Part 7, other than sections 22 to 24, in force January 1, 2013, see SI/2012-87.] * PART 8 Federal-Provincial Fiscal Arrangements Act 27 [Amendment] 28 [Amendment] 29 [Amendment] PART 9 Insurance Companies Act 30 [Amendment] 31 [Amendment] Current to June 20, 2022 Last amended on January 1, 2013 Supporting Vulnerable Seniors and Strengthening Canada’s Economy PART 10 Assessment of Financial Institutions Regulations, 2001 Sections 32-41 PART 10 Assessment of Financial Institutions Regulations, 2001 Amendment to the Regulations 32 [Amendment] Validation 33 [Transitional Provision] PART 11 Financial Administration Act Amendments to the Act 34 [Amendment] 35 [Amendment] Coming into Force June 1, 2011 36 Section 35 is deemed to have come into force on June 1, 2011. PART 12 Canada Shipping Act, 2001 Amendments to the Act 37 [Amendment] 38 [Amendment] 39 [Amendments] 40 [Amendment] 41 [Amendment] Current to June 20, 2022 Last amended on January 1, 2013 Supporting Vulnerable Seniors and Strengthening Canada’s Economy PART 12 Canada Shipping Act, 2001 Amendments to the Act Sections 42-45 42 [Amendment] 43 [Amendments] 44 [Amendment] Consequential Amendment to the Coasting Trade Act 45 [Amendment] Current to June 20, 2022 Last amended on January 1, 2013

CONSOLIDATION Statistics Act R.S.C., 1985, c. S-19 Current to June 20, 2022 Last amended on December 12, 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 12, 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 12, 2017 TABLE OF PROVISIONS An Act respecting statistics of Canada Short Title 1 Short title Interpretation 2 Definitions Statistics Canada 3 Statistics bureau Chief Statistician 4.1 Directives on methods, procedures and operations 4.2 Directives on statistical programs Temporary employees Oath of office Rules, instructions and requests for information Mandatory or voluntary requests for information Canadian Statistics Advisory Council 8.1 Establishment Statistics 9 No discrimination Arrangements with provincial governments Agreements with provincial governments Sharing of information Access to records Evidence of appointment Presumption Remuneration Secrecy 17 Prohibition against divulging information Privileged information — inadmissibility as evidence 18.1 Census — disclosure after 92 years Current to June 20, 2022 Last amended on December 12, 2017 ii Statistics TABLE OF PROVISIONS Population Census and Agriculture Census 19 Population census Agriculture census Census questions General Statistics 22 General statistics 22.1 Coding system for goods Request for information by any method Returns under Income Tax Act Return of exports and imports from Customs Criminal Statistics 26 Courts to furnish criminal statistics Wardens and sheriffs Records Pardons Offences and Punishment 30 Desertion or false declaration False or unlawful information Refusal to grant access to records 32.1 No imprisonment Leaving notice at house Disclosing secret information Personation of Statistics Canada employee Application of fines Limitation period Current to June 20, 2022 Last amended on December 12, 2017 iv R.S.C., 1985, c. S-19 An Act respecting statistics of Canada Short Title Short title 1 This Act may be cited as the Statistics Act. 1970-71-72, c. 15, s. 1. Interpretation Definitions 2 In this Act, Chief Statistician means the Chief Statistician of Canada appointed under subsection 4(1); (statisticien en chef) department or departments of government means any department, board, bureau or other division of the Government of Canada or of the government of a province or any agency of either; (ministère) identifying information means any information that makes it possible to identify an individual person, business or organization; (renseignement identificateur) 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) respondent means a person in respect of whom or in respect of whose activities any report or information is sought or provided pursuant to this Act. (intéressé) R.S., 1985, c. S-19, s. 2; 2017, c. 31, s. 1. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Canada Sections 3-4 Statistics Canada Statistics bureau 3 There shall continue to be a statistics bureau under the Minister, to be known as Statistics Canada, the duties of which are (a) to collect, compile, analyse, abstract and publish statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the people; (b) to collaborate with departments of government in the collection, compilation and publication of statistical information, including statistics derived from the activities of those departments; (c) to take the census of population of Canada and the census of agriculture of Canada as provided in this Act; (d) to promote the avoidance of duplication in the information collected by departments of government; and (e) generally, to promote and develop integrated social and economic statistics pertaining to the whole of Canada and to each of the provinces thereof and to coordinate plans for the integration of those statistics. 1970-71-72, c. 15, s. 3. Chief Statistician 4 (1) The Governor in Council shall appoint the Chief Statistician of Canada to be the deputy head of Statistics Canada. Tenure (2) The Chief Statistician holds office for a term of not more than five years during good behaviour, but may be removed for cause by the Governor in Council. Reappointment (3) The Chief Statistician is eligible to be reappointed for an additional term of not more than five years. Interim appointment (4) In the event of the absence or incapacity of the Chief Statistician, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Canada Sections 4-4.1 salary or other remuneration and expenses that may be fixed by the Governor in Council. Duties (5) The Chief Statistician shall, in addition to any other duties imposed on him or her under any other provision of this Act, (a) decide, based strictly on professional statistical standards that he or she considers appropriate, the methods and procedures for carrying out statistical programs regarding (i) the collection, compilation, analysis, abstraction and publication of statistical information that is produced or is to be produced by Statistics Canada, (ii) the content of statistical releases and publications issued by Statistics Canada, and (iii) the timing and methods of dissemination of statistics compiled by Statistics Canada; (b) advise on matters pertaining to statistical programs of the departments and agencies of the Government of Canada, and confer with those departments and agencies to that end; and (c) control the operations and staff of Statistics Canada. Report to Minister (6) In each fiscal year the Chief Statistician shall make a report to the Minister on the activities of Statistics Canada in the preceding fiscal year, and that report shall be included as a separate part of the Minister’s annual report to Parliament. R.S., 1985, c. S-19, s. 4; 2017, c. 31, s. 2. Directives on methods, procedures and operations 4.1 (1) Directives on any methods, procedures and operations may only be issued to the Chief Statistician by the Governor in Council, by order, on the recommendation of the Minister. Tabling (2) Within 15 days after the day on which an order is made, the Minister shall cause a copy of the order to be tabled in each House of Parliament. House not sitting (3) If the House is not sitting, in order to comply with subsection (2), the order shall be sent to the Clerk of the Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Canada Sections 4.1-6 House within 15 days after the day on which the order is made. 2017, c. 31, s. 2. Directives on statistical programs 4.2 (1) The Minister may issue directives to the Chief Statistician on the statistical programs that aim to collect, compile, analyse, abstract and publish statistics on all or any of the matters referred to in section 22. Publication of directives (2) The Chief Statistician may require that any directive issued to him or her under subsection (1) be made in writing and made public before the Chief Statistician acts on it. 2017, c. 31, s. 2. Temporary employees 5 (1) The Chief Statistician may employ, in the manner authorized by law, any commissioners, enumerators, agents or other persons that are necessary to collect for Statistics Canada the statistics and information that the Minister considers useful and in the public interest relating to the commercial, industrial, financial, social, economic and other activities that the Minister may determine. The duties of the commissioners, enumerators, agents or other persons shall be those duties prescribed by the Chief Statistician. Public servants (2) The Minister may, for such periods as the Minister may determine, use the services of any employee of the federal public administration in the exercise or performance of any duty, power or function of Statistics Canada or an officer of Statistics Canada under this Act or any other Act, and any person whose services are so used shall, for the purposes of this Act, be deemed to be a person employed under this Act. Contracted services (3) Any persons retained under contract to perform special services for the Chief Statistician under this Act and the employees and agents of those persons are, for the purposes of this Act, deemed to be persons employed under this Act while performing those services. R.S., 1985, c. S-19, s. 5; 2003, c. 22, s. 224(E); 2017, c. 31, s. 3. Oath of office 6 (1) The Chief Statistician and every person employed or deemed to be employed pursuant to this Act shall, before entering on his duties, take and subscribe the following oath or solemn affirmation: Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Canada Sections 6-7 I, ................., do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as an employee of Statistics Canada in conformity with the requirements of the Statistics Act, and of all rules and instructions thereunder and that I will not without due authority in that behalf disclose or make known any matter or thing that comes to my knowledge by reason of my employment. Attestation (2) The oath or solemn affirmation set out in subsection (1) shall be taken before the person, and returned and recorded in the manner, that the Chief Statistician may direct. Incorporated contractors (3) If a person retained under contract to perform special services for the Chief Statistician under this Act is a corporation, its chief executive officer and any of its other officers, employees and agents that are used to perform the special services shall, before fulfilling any of the duties required under the contract, take and subscribe the following oath or solemn affirmation: I, ................., do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as an employee of (name of the corporation) in respect of my employment in carrying out (identify here contract with Chief Statistician) in conformity with the requirements of the Statistics Act, and of all rules and instructions under that Act and that I will not without due authority disclose or make known any matter or thing that comes to my knowledge by reason of this employment. Attestation (4) The oath or solemn affirmation set out in subsection (3) shall be taken before the person, and returned and recorded in the manner, that the Chief Statistician may direct. R.S., 1985, c. S-19, s. 6; 2017, c. 31, s. 4. Rules, instructions and requests for information 7 (1) The Chief Statistician may prescribe the rules, instructions and, subject to subsection 21(1), requests for information that he or she considers necessary for conducting the work and business of Statistics Canada, the collecting, compiling and publishing of statistics and other information and the taking of any census authorized by this Act. Clarification (2) For greater certainty, any rule, instruction or request for information prescribed under subsection (1) is not a regulation for the purposes of the Statutory Instruments Act. R.S., 1985, c. S-19, s. 7; 2017, c. 31, s. 5. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Canada Sections 8-8.1 Mandatory or voluntary requests for information 8 (1) The Chief Statistician shall determine whether a request for information is mandatory or voluntary, with the exception of the census of population and census of agriculture, both of which are mandatory. Publication (2) The Chief Statistician shall publish any mandatory request for information before the request is made. Notification of Minister (3) The Chief Statistician shall notify the Minister of any new mandatory request for information at least 30 days before the day on which it is published. Voluntary requests for information — paragraph 31(a) does not apply (4) Paragraph 31(a) does not apply to a person to whom a voluntary request for information is made. R.S., 1985, c. S-19, s. 8; 2017, c. 31, s. 5. Canadian Statistics Advisory Council Establishment 8.1 (1) An advisory council, to be known as the Canadian Statistics Advisory Council, is established (a) to advise the Minister and Chief Statistician in a transparent manner on any question that either of them has referred to the Council on the overall quality of the national statistical system, including the relevance, accuracy, accessibility and timeliness of its data; and (b) to make public an annual report on the state of the national statistical system. Membership (2) The Council is composed of, in addition to the Chief Statistician, not more than 10 other members appointed by the Governor in Council to hold office during pleasure, including one Chairperson. Ex officio (3) The Chief Statistician is an ex officio member of the Council. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Canadian Statistics Advisory Council Sections 8.1-10 Tenure of Chairperson (4) The Chairperson is appointed to a term of not more than five years and may be reappointed for an additional term of three years. Tenure of other members (5) The other members are appointed to a term of three years and may be reappointed for an additional term of three years. Remuneration and expenses (6) The members appointed under subsection (2) shall be paid the remuneration that is fixed by the Governor in Council and are entitled to be paid any reasonable travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties under this Act. 2017, c. 31, s. 5. Statistics No discrimination 9 (1) The Governor in Council, the Minister and the Chief Statistician shall not, in the execution of the powers conferred by this Act, discriminate between individuals or companies to the prejudice of those individuals or companies. Use of sampling methods (2) Despite any other provision of this Act, the Chief Statistician may authorize the use of sampling methods for the collection of statistics. R.S., 1985, c. S-19, s. 9; 2017, c. 31, s. 5. Arrangements with provincial governments 10 (1) The Minister may enter into any arrangement with the government of a province providing for any matter necessary or convenient for the purpose of carrying out or giving effect to this Act, and in particular for all or any of the following matters: (a) the execution by provincial officers of any power or duty conferred or imposed on any officer pursuant to this Act; (b) the collection by any provincial department or provincial officer of any statistical or other information required for the purpose of this Act; and (c) the supplying of statistical information by any provincial department or provincial officer to the Chief Statistician. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Sections 10-11 Provincial officers (2) All provincial officers executing any power or duty conferred or imposed on any officer pursuant to this Act, in pursuance of any arrangement entered into under this section, shall, for the purposes of the execution of that power or duty, be deemed to be employed under this Act. 1970-71-72, c. 15, s. 9. Agreements with provincial governments 11 (1) The Minister may, with the approval of the Governor in Council and subject to this section, enter into an agreement with the government of a province for the exchange with, or transmission to, a statistical agency of the province of (a) replies to any specific statistical inquiries; (b) replies to any specific classes of information collected under this Act; and (c) any tabulations and analyses based on replies referred to in paragraph (a) or (b). Type of statistical agency (2) An agreement with a province for the purposes of this section shall apply only in respect of a statistical agency of the province (a) that has statutory authority to collect the information that is intended to be exchanged or transmitted pursuant to the agreement from a respondent who is subject to statutory penalties for refusing or neglecting to furnish information to the agency or for falsifying information furnished by him to the agency; (b) that is prohibited by law from disclosing any information of a kind that Statistics Canada, its officers and employees would be prohibited from disclosing under section 17, if the information were furnished to Statistics Canada; and (c) whose officers and employees are subject to statutory penalties for the disclosing of any information of the kind described in paragraph (b), subject to exceptions authorized by law that are substantially the same as those provided under section 17. Non-application of agreement (3) Except in respect of information described in subsection 17(2), no agreement entered into under this section applies to any reply made to or information collected by Statistics Canada or an agency of the government of a Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Sections 11-13 province before the date that the agreement was entered into or is to have effect, whichever is the later date. Informing respondent (4) Where any information in respect of which an agreement under this section applies is collected by Statistics Canada from a respondent, Statistics Canada shall, when collecting information, advise the respondent of the names of any statistical agencies in respect of which the Minister has an agreement under this section and to which the information received from the respondent may be communicated under that agreement. 1970-71-72, c. 15, s. 10. Sharing of information 12 (1) The Minister may enter into an agreement with any department or municipal or other corporation for the sharing of information collected from a respondent by either Statistics Canada or the department or corporation on behalf of both of them and for the subsequent tabulation or publication based on that information. Agreement (2) An agreement under subsection (1) shall provide that (a) the respondent be informed by notice that the information is being collected on behalf of Statistics Canada and the department or corporation, as the case may be; and (b) where the respondent gives notice in writing to the Chief Statistician that the respondent objects to the sharing of the information by Statistics Canada, the information not be shared with the department or corporation unless the department or corporation is authorized by law to require the respondent to provide that information. What information may be shared (3) Information shared pursuant to this section may, subject to subsection (2), include replies to original inquiries and supplementary information provided by a respondent to Statistics Canada or the department or corporation. R.S., 1985, c. S-19, s. 12; 1992, c. 1, s. 130. Access to records 13 A person having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the Current to June 20, 2022 Last amended on December 12, 2017 Statistics Statistics Sections 13-16 objects of this Act can be obtained or that would aid in the completion or correction of that information, shall grant access thereto for those purposes to a person authorized by the Chief Statistician to obtain that information or aid in the completion or correction of that information. R.S., 1985, c. S-19, s. 13; 2017, c. 31, s. 6(F). Evidence of appointment 14 Any letter purporting to be signed by the Chief Statistician or any person who may be authorized to do so by the Chief Statistician that gives notice of an appointment or removal of, or that sets out any instructions to, a person employed in the execution of any duty under this Act is evidence of the appointment, removal or instructions and that the letter was signed and addressed as it purports to be. R.S., 1985, c. S-19, s. 14; 2017, c. 31, s. 7. Presumption 15 Any request for information purporting to be authorized for the taking of a census or the collection of statistics or other information and presented as such by a person employed in the execution of any duty under this Act is presumed, in the absence of evidence to the contrary, to have been made by the proper authority. R.S., 1985, c. S-19, s. 15; 2017, c. 31, s. 7. Remuneration 16 (1) The Minister shall, subject to the approval of the Governor in Council, cause to be prepared one or more tables setting forth the rates of remuneration or allowances for commissioners, enumerators and other persons employed under this Act, which may be a fixed sum, a rate per diem or a scale of fees, together with allowances for expenses. Condition of payment (2) Full remuneration or allowance shall not be paid to any person referred to in subsection (1) for any service performed in connection with this Act until the service required of the person has been faithfully and entirely performed. 1970-71-72, c. 15, s. 15. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Secrecy Section 17 Secrecy Prohibition against divulging information 17 (1) Except for the purpose of communicating information in accordance with any conditions of an agreement made under section 11 or 12 and except for the purposes of a prosecution under this Act but subject to this section, (a) no person, other than a person employed or deemed to be employed under this Act, and sworn under section 6, shall be permitted to examine any return or identifying information obtained for the purposes of this Act; and (b) no person who has been sworn under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in a manner that it is possible from the disclosure to relate the information obtained to any identifiable individual person, business or organization. Exception to prohibition (2) The Chief Statistician may, by order, authorize the following information to be disclosed: (a) information collected by persons, organizations or departments for their own purposes and communicated to Statistics Canada before or after May 1, 1971, but that information when communicated to Statistics Canada shall be subject to the same secrecy requirements to which it was subject when collected and may only be disclosed by Statistics Canada in the manner and to the extent agreed on by the collector thereof and the Chief Statistician; (b) information relating to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned; (c) information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business; (d) information available to the public under any statutory or other law; (e) information relating to any hospital, mental institution, library, educational institution, welfare institution or other similar non-commercial institution except particulars arranged in such a manner that it is possible to relate the particulars to any individual Current to June 20, 2022 Last amended on December 12, 2017 Statistics Secrecy Section 17 patient, inmate or other person in the care of any such institution; (f) information in the form of an index or list of individual establishments, firms or businesses, showing any, some or all of the following in relation to them: (i) their names and addresses, (ii) the telephone numbers at which they may be reached in relation to statistical matters, (iii) the official language in which they prefer to be addressed in relation to statistical matters, (iv) the products they produce, manufacture, process, transport, store, purchase or sell, or the services they provide, in the course of their business, or (v) whether they are within specific ranges of numbers of employees or persons engaged by them or constituting their work force; and (g) information relating to any carrier or public utility. Definitions (3) In this section, carrier means any person or association of persons that owns, operates or manages an undertaking that carries or moves persons or commodities by any form of land, sea or air transport; (transporteur) public utility means any person or association of persons that owns, operates or manages an undertaking (a) for the supply of petroleum or petroleum products by pipeline, (b) for the supply, transmission or distribution of gas, electricity, steam or water, (c) for the collection and disposal of garbage or sewage or for the control of pollution, (d) for the transmission, emission, reception or conveyance of information by any telecommunication system, or Current to June 20, 2022 Last amended on December 12, 2017 Statistics Secrecy Sections 17-18.1 (e) for the provision of postal services. (entreprise d’utilité publique) R.S., 1985, c. S-19, s. 17; 1992, c. 1, s. 131; 2017, c. 31, s. 8. Privileged information — inadmissibility as evidence 18 (1) Except for the purposes of a prosecution under this Act, any return and any identifying information provided to Statistics Canada under this Act and any copy of a return in the possession of a respondent is privileged and shall not be used as evidence in any proceedings. Privileged information — person sworn (2) A person sworn under section 6 shall not, by an order of any court, tribunal or other body, be required in any proceedings to give oral testimony with respect to information obtained in the course of administering this Act or to produce any return or identifying information obtained. Application of section (3) This section applies in respect of any information that Statistics Canada is prohibited by this Act from disclosing or that may only be disclosed pursuant to an authorization under subsection 17(2). R.S., 1985, c. S-19, s. 18; 2017, c. 31, s. 9. Census — disclosure after 92 years 18.1 (1) The information contained in the returns of each census of population taken between 1910 and 2005, as well as the information contained in the returns and the identifying information obtained in each census of population taken in or after 2021, is no longer subject to sections 17 and 18 ninety-two years after the census is taken. Census and survey — disclosure with consent (2) The information contained in the returns of each census of population taken in 2006, 2011 and 2016 and the 2011 National Household Survey is no longer subject to sections 17 and 18 ninety-two years after the census or survey is taken, but only if the person to whom the information relates consents, at the time of the census or survey, to the release of the information ninety-two years later. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Secrecy Sections 18.1-21 Library and Archives of Canada (3) When sections 17 and 18 cease to apply to information referred to in subsection (1) or (2), the information shall be placed under the care and control of the Library and Archives of Canada. 2005, c. 31, s. 1; 2017, c. 31, s. 10. Population Census and Agriculture Census Population census 19 (1) A census of population of Canada shall be taken by Statistics Canada in the month of June in the year 1971, and every fifth year thereafter in a month to be fixed by the Governor in Council. Counts of electoral divisions (2) The census of population shall be taken in such a manner as to ensure that counts of the population are provided for each federal electoral district of Canada, as constituted at the time of each census of population. Decennial census (3) A reference in any Act of Parliament, in any order, rule or regulation or in any contract or other document made thereunder to a decennial census of population shall, unless the context otherwise requires, be construed to refer to the census of population taken by Statistics Canada in the year 1971 or in any tenth year thereafter. 1970-71-72, c. 15, s. 18. Agriculture census 20 A census of agriculture of Canada shall be taken by Statistics Canada (a) in the year 1971 and in every tenth year thereafter; and (b) in the year 1976 and in every tenth year thereafter, unless the Governor in Council otherwise directs in respect of any such year. 1970-71-72, c. 15, s. 19. Census questions 21 (1) The Governor in Council shall, by order, prescribe the questions to be asked in any census taken by Statistics Canada under section 19 or 20. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Population Census and Agriculture Census Sections 21-22 Publication (2) Every order made under subsection (1) shall be published in the Canada Gazette not later than thirty days after it is made. 1970-71-72, c. 15, s. 20. General Statistics General statistics 22 Without limiting the duties of Statistics Canada under section 3 or affecting any of its powers or duties in respect of any specific statistics that may otherwise be authorized or required under this Act, the Chief Statistician shall collect, compile, analyse, abstract and publish statistics in relation to all or any of the following matters in Canada: (a) population; (b) agriculture; (c) health and welfare; (d) law enforcement, the administration of justice and corrections; (e) government and business finance; (f) immigration and emigration; (g) education; (h) labour and employment; (i) commerce with other countries; (j) prices and the cost of living; (k) forestry, fishing and trapping; (l) mines, quarries and wells; (m) manufacturing; (n) construction; (o) transportation, storage and communication; (p) electric power, gas and water utilities; (q) wholesale and retail trade; (r) finance, insurance and real estate; (s) public administration; (t) community, business and personal services; and Current to June 20, 2022 Last amended on December 12, 2017 Statistics General Statistics Sections 22-24 (u) any other matters prescribed by the Minister or by the Governor in Council. R.S., 1985, c. S-19, s. 22; 2017, c. 31, s. 11. Coding system for goods 22.1 (1) The Chief Statistician shall establish a coding system for goods imported into and exported from Canada to enable the Chief Statistician to collect, compile, analyse, abstract and publish statistics in relation to those goods. Publication in Canada Gazette (2) The Coding System shall be published in Part I of the Canada Gazette. 1988, c. 65, s. 146; 2017, c. 31, s. 12(F). Request for information by any method 23 (1) The requests for information prescribed under section 7 may be made by any method authorized by the Chief Statistician. Duty to provide information (2) A person to whom a mandatory request for information is made shall provide the information to Statistics Canada, properly certified as accurate, not later than the time prescribed by the Chief Statistician and indicated to the person or not later than the extended time that may be allowed in the discretion of the Chief Statistician. R.S., 1985, c. S-19, s. 23; 2017, c. 31, s. 13. Returns under Income Tax Act 24 For the purposes of this Act and subject to section 17, (a) the Chief Statistician or any person authorized by the Chief Statistician to do so may inspect and have access to any returns, certificates, statements, documents or other records obtained on behalf of the Minister of National Revenue for the purposes of the Income Tax Act or Part IX of the Excise Tax Act, and (b) the Minister of National Revenue shall cause the returns, certificates, statements, documents, or other records to be made available to the Chief Statistician or person authorized by the Chief Statistician to inspect the records, in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of National Revenue. R.S., 1985, c. S-19, s. 24; 1990, c. 45, s. 54. Current to June 20, 2022 Last amended on December 12, 2017 Statistics General Statistics Sections 25-29 Return of exports and imports from Customs 25 For the purposes of this Act and subject to section 17, the Minister of Public Safety and Emergency Preparedness shall cause to be sent to the Chief Statistician returns of imports and exports into and from Canada and details of the means of transportation used therefor, in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of Public Safety and Emergency Preparedness. R.S., 1985, c. S-19, s. 25; 2005, c. 38, ss. 142, 145. Criminal Statistics Courts to furnish criminal statistics 26 The clerk of every court or tribunal administering criminal justice or, if there is no clerk, the judge or other functionary presiding over the court or tribunal shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the criminal business transacted in the court or tribunal. R.S., 1985, c. S-19, s. 26; 2017, c. 31, s. 14. Wardens and sheriffs 27 The warden of every penitentiary and reformatory and the sheriff of every county, district or other territorial division shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the prisoners committed to any penitentiary, reformatory or jail under their charge or within their jurisdiction. R.S., 1985, c. S-19, s. 27; 2017, c. 31, s. 14. Records 28 Every person who is required to transmit any information mentioned in section 26 or 27 shall from day to day make and keep entries and records of the particulars used to respond to requests for information made to them. R.S., 1985, c. S-19, s. 28; 2017, c. 31, s. 14. Pardons 29 The Minister of Public Safety and Emergency Preparedness shall cause to be transmitted to the Chief Statistician, at the times and for the periods that the Chief Statistician may establish, the information requested by the Minister relating to the cases in which the prerogative of mercy has been exercised. R.S., 1985, c. S-19, s. 29; 2005, c. 10, s. 34; 2017, c. 31, s. 14. Current to June 20, 2022 Last amended on December 12, 2017 Statistics Offences and Punishment Sections 30-32 Offences and Punishment Desertion or false declaration 30 Every person who, after taking the oath set out in subsection 6(1), (a) deserts from his duty, or wilfully makes any false declaration, statement or return in the performance of his duties, (b) in the pretended performance of his duties, obtains or seeks to obtain information that the person is not duly authorized to obtain, or (c) contravenes subsection 17(1) 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 six months or to both. 1970-71-72, c. 15, s. 28. False or unlawful information 31 Every person is guilty of an offence and liable on summary conviction to a fine of not more than $500 who, without lawful excuse, (a) refuses or neglects, following a request for information under this Act, (i) to provide any requested information to the best of their knowledge and belief, or (ii) to provide any requested information when and as required under this Act; or (b) knowingly gives false or misleading information or practises any other deception under this Act. R.S., 1985, c. S-19, s. 31; 2017, c. 31, s. 15. Refusal to grant access to records 32 Every person is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 (a) who, having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, refuses or neglects to grant access to the information to any person authorized for the purpose by the Chief Statistician, or Current to June 20, 2022 Last amended on December 12, 2017 Statistics Offences and Punishment Sections 32-34 (b) who otherwise in any way wilfully obstructs or seeks to obstruct any person employed in the execution of any duty under this Act. R.S., 1985, c. S-19, s. 32; 2017, c. 31, s. 16. No imprisonment 32.1 Despite subsection 787(1) of the Criminal Code, no imprisonment may be imposed as punishment for a conviction under section 31 or 32. 2017, c. 31, s. 17. Leaving notice at house 33 (1) The leaving by an enumerator, agent or other person employed or deemed to be employed under this Act, or the delivery by the post office at any house, of any request for information purporting to be made under this Act that includes a notice requiring that the information be provided in the manner specified and within a stated time to Statistics Canada by the occupant of the house, or in their absence by some other member of the family, is, as against the occupant, a sufficient requirement to provide the information even if the occupant is not named in the notice nor personally served with it. Leaving notice at office (2) The leaving by an enumerator, agent or other person employed or deemed to be employed under this Act at the office or other place of business of any person, or the delivery by the post office to any person or their agent, of any request for information purporting to be made under this Act that includes a notice requiring that the information be provided in the manner specified and within a stated time to Statistics Canada is, as against the person, a sufficient requirement to do so. R.S., 1985, c. S-19, s. 33; 2017, c. 31, s. 17. Disclosing secret information 34 Every person who, after taking the oath set out in subsection 6(1), (a) wilfully discloses or divulges directly or indirectly to any person not entitled under this Act to receive the same any information obtained by him in the course of his employment that might exert an influence on or affect the market value of any stocks, bonds or other security or any product or article, or Current to June 20, 2022 Last amended on December 12, 2017 Statistics Offences and Punishment Sections 34-37 (b) uses any information described in paragraph (a) for the purpose of speculating in any stocks, bonds or other security or any product or article is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both. 1970-71-72, c. 15, s. 33. Personation of Statistics Canada employee 35 Every person who (a) personates an employee of Statistics Canada for the purpose of obtaining information from any person, or (b) represents himself to be making an inquiry under the authority of this Act when the person is not an officer, employee or agent of Statistics Canada, 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 six months or to both. 1970-71-72, c. 15, s. 34. Application of fines 36 All fines imposed pursuant to this Act belong to Her Majesty in right of Canada and shall be paid to the Receiver General. 1970-71-72, c. 15, s. 35. Limitation period 37 Any proceedings by way of summary conviction 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. 1970-71-72, c. 15, s. 36. Current to June 20, 2022 Last amended on December 12, 2017 Statistics RELATED PROVISIONS RELATED PROVISIONS — 2005, c. 31, s. 2 Review by parliamentary committee 2 (1) No later than two years before the taking of the third census of population under section 19 of the Statistics Act after the coming into force of this Act, the administration and operation of subsection 18.1(2) of the Statistics Act, as enacted by section 1, shall be reviewed by any committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for that purpose. Report (2) The committee shall submit a report to the Senate, the House of Commons or both Houses of Parliament, as the case may be, in relation to the review that includes a statement of any changes to the administration of subsection 18.1(2) of the Statistics Act, as enacted by section 1, that the committee recommends. — 2017, c. 31, s. 18 Chief Statistician 18 The Chief Statistician holding office immediately before the coming into force of this Act shall continue to hold office during pleasure until an appointment is made under subsection 4(1) of the Statistics Act, as enacted by section 2 of this Act. Current to June 20, 2022 Last amended on December 12, 2017

CONSOLIDATION State Immunity Act R.S.C., 1985, c. S-18 Current to June 20, 2022 Last amended on March 13, 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 March 13, 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 March 13, 2012 TABLE OF PROVISIONS An Act to provide for state immunity in Canadian courts Short Title 1 Short title Interpretation 2 Definitions 2.1 Meaning of supports terrorism State Immunity 3 State immunity Immunity waived Commercial activity Death and property damage 6.1 Support of terrorism Maritime law Property in Canada Procedure and Relief 9 Service on a foreign state Default judgment No injunction, specific performance, etc., without consent Execution 12.1 Assistance for judgment creditors No fine for failure to produce General 14 Certificate is conclusive evidence Governor in Council may restrict immunity by order Inconsistency Rules of court not affected Application Current to June 20, 2022 Last amended on March 13, 2012 ii R.S.C., 1985, c. S-18 An Act to provide for state immunity in Canadian courts Short Title Short title 1 This Act may be cited as the State Immunity Act. 1980-81-82-83, c. 95, s. 1. Interpretation Definitions 2 In this Act, agency of a foreign state means any legal entity that is an organ of the foreign state but that is separate from the foreign state; (organisme d’un État étranger) commercial activity means any particular transaction, act or conduct or any regular course of conduct that by reason of its nature is of a commercial character; (activité commerciale) foreign state includes (a) any sovereign or other head of the foreign state or of any political subdivision of the foreign state while acting as such in a public capacity, (b) any government of the foreign state or of any political subdivision of the foreign state, including any of its departments, and any agency of the foreign state, and (c) any political subdivision of the foreign state; (État étranger) political subdivision means a province, state or other like political subdivision of a foreign state that is a federal state. (subdivision politique) terrorist activity in respect of a foreign state has the same meaning as in subsection 83.01(1) of the Criminal Current to June 20, 2022 Last amended on March 13, 2012 State Immunity Interpretation Sections 2-4 Code, provided that a foreign state set out on the list referred to in subsection 6.1(2) does the act or omission on or after January 1, 1985. (activité terroriste) R.S., 1985, c. S-18, s. 2; 2012, c. 1, s. 3.1. Meaning of supports terrorism 2.1 For the purposes of this Act, a foreign state supports terrorism if it commits, for the benefit of or otherwise in relation to a listed entity as defined in subsection 83.01(1) of the Criminal Code, an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code. 2012, c. 1, s. 4. State Immunity State immunity 3 (1) Except as provided by this Act, a foreign state is immune from the jurisdiction of any court in Canada. Court to give effect to immunity (2) In any proceedings before a court, the court shall give effect to the immunity conferred on a foreign state by subsection (1) notwithstanding that the state has failed to take any step in the proceedings. 1980-81-82-83, c. 95, s. 3. Immunity waived 4 (1) A foreign state is not immune from the jurisdiction of a court if the state waives the immunity conferred by subsection 3(1) by submitting to the jurisdiction of the court in accordance with subsection (2) or (4). State submits to jurisdiction (2) In any proceedings before a court, a foreign state submits to the jurisdiction of the court where it (a) explicitly submits to the jurisdiction of the court by written agreement or otherwise either before or after the proceedings commence; (b) initiates the proceedings in the court; or (c) intervenes or takes any step in the proceedings before the court. Exception (3) Paragraph (2)(c) does not apply to (a) any intervention or step taken by a foreign state in proceedings before a court for the purpose of claiming immunity from the jurisdiction of the court; or Current to June 20, 2022 Last amended on March 13, 2012 State Immunity State Immunity Sections 4-6.1 (b) any step taken by a foreign state in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained before the step was taken and immunity is claimed as soon as reasonably practicable after they are ascertained. Third party proceedings and counter-claims (4) A foreign state that initiates proceedings in a court or that intervenes or takes any step in proceedings before a court, other than an intervention or step to which paragraph (2)(c) does not apply, submits to the jurisdiction of the court in respect of any third party proceedings that arise, or counter-claim that arises, out of the subjectmatter of the proceedings initiated by the state or in which the state has so intervened or taken a step. Appeal and review (5) Where, in any proceedings before a court, a foreign state submits to the jurisdiction of the court in accordance with subsection (2) or (4), that submission is deemed to be a submission by the state to the jurisdiction of such one or more courts by which those proceedings may, in whole or in part, subsequently be considered on appeal or in the exercise of supervisory jurisdiction. 1980-81-82-83, c. 95, s. 4. Commercial activity 5 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to any commercial activity of the foreign state. 1980-81-82-83, c. 95, s. 5. Death and property damage 6 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) any death or personal or bodily injury, or (b) any damage to or loss of property that occurs in Canada. R.S., 1985, c. S-18, s. 6; 2001, c. 4, s. 121. Support of terrorism 6.1 (1) A foreign state that is set out on the list referred to in subsection (2) is not immune from the jurisdiction of a court in proceedings against it for its support of terrorism on or after January 1, 1985. List of foreign states (2) The Governor in Council may, by order, establish a list on which the Governor in Council may, at any time, set out the name of a foreign state if, on the recommendation of the Minister of Foreign Affairs made after Current to June 20, 2022 Last amended on March 13, 2012 State Immunity State Immunity Section 6.1 consulting with the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the foreign state supported or supports terrorism. Establishment of list (3) The list must be established no later than six months after the day on which this section comes into force. Application to be removed from list (4) On application in writing by a foreign state, the Minister of Foreign Affairs must, after consulting with the Minister of Public Safety and Emergency Preparedness, decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be set out on the list. Notice of decision to applicant (5) The Minister of Foreign Affairs must without delay give notice to the applicant of that Minister’s decision respecting the application. New application (6) A foreign state set out on the list may not make another application under subsection (4), unless there has been a material change in its circumstances since the foreign state made its last application or the Minister of Foreign Affairs has completed the review under subsection (7). Review of list (7) Two years after the establishment of the list, and every two years after that, the Minister of Foreign Affairs must (a) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are still reasonable grounds, as set out in subsection (2), for a foreign state to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should remain set out on the list; and (b) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are reasonable grounds, as set out in subsection (2), for a foreign state that is not set out on the list to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should be set out on the list. Effect of review (8) The review does not affect the validity of the list. Current to June 20, 2022 Last amended on March 13, 2012 State Immunity State Immunity Sections 6.1-7 Completion of review (9) The Minister of Foreign Affairs must complete the review as soon as feasible, but in any case within 120 days, after its commencement. After completing the review, that Minister must without delay cause a notice to be published in the Canada Gazette that it has been completed. Effect of removal from list on proceedings (10) If proceedings for support of terrorism are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state’s immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings. Terrorist activity (11) Where a court of competent jurisdiction has determined that a foreign state, set out on the list in subsection (2), has supported terrorism, that foreign state is also not immune from the jurisdiction of a court in proceedings against it that relate to terrorist activity by the state. 2012, c. 1, s. 5. Maritime law 7 (1) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) an action in rem against a ship owned or operated by the state, or (b) an action in personam for enforcing a claim in connection with a ship owned or operated by the state, if, at the time the claim arose or the proceedings were commenced, the ship was being used or was intended for use in a commercial activity. Cargo (2) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to (a) an action in rem against any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the cargo and the ship carrying the cargo were being used or were intended for use in a commercial activity; or (b) an action in personam for enforcing a claim in connection with any cargo owned by the state if, at the time the claim arose or the proceedings were commenced, the ship carrying the cargo was being used or was intended for use in a commercial activity. Current to June 20, 2022 Last amended on March 13, 2012 State Immunity State Immunity Sections 7-9 Idem (3) For the purposes of subsections (1) and (2), a ship or cargo owned by a foreign state includes any ship or cargo in the possession or control of the state and any ship or cargo in which the state claims an interest. 1980-81-82-83, c. 95, s. 7. Property in Canada 8 A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia. R.S., 1985, c. S-18, s. 8; 2004, c. 25, s. 172. Procedure and Relief Service on a foreign state 9 (1) Service of an originating document on a foreign state, other than on an agency of the foreign state, may be made (a) in any manner agreed on by the state; (b) in accordance with any international Convention to which the state is a party; or (c) in the manner provided in subsection (2). Idem (2) For the purposes of paragraph (1)(c), anyone wishing to serve an originating document on a foreign state may deliver a copy of the document, in person or by registered mail, to the Deputy Minister of Foreign Affairs or a person designated by him for the purpose, who shall transmit it to the foreign state. Service on an agency of a foreign state (3) Service of an originating document on an agency of a foreign state may be made (a) in any manner agreed on by the agency; (b) in accordance with any international Convention applicable to the agency; or (c) in accordance with any applicable rules of court. Idem (4) Where service on an agency of a foreign state cannot be made under subsection (3), a court may, by order, direct how service is to be made. Current to June 20, 2022 Last amended on March 13, 2012 State Immunity Procedure and Relief Sections 9-11 Date of service (5) Where service of an originating document is made in the manner provided in subsection (2), service of the document shall be deemed to have been made on the day that the Deputy Minister of Foreign Affairs or a person designated by him pursuant to subsection (2) certifies to the relevant court that the copy of the document has been transmitted to the foreign state. R.S., 1985, c. S-18, s. 9; 1995, c. 5, s. 27. Default judgment 10 (1) Where, in any proceedings in a court, service of an originating document has been made on a foreign state in accordance with subsection 9(1), (3) or (4) and the state has failed to take, within the time limited therefor by the rules of the court or otherwise by law, the initial step required of a defendant or respondent in those proceedings in that court, no further step toward judgment may be taken in the proceedings except after the expiration of at least sixty days following the date of service of the originating document. Idem (2) Where judgment is signed against a foreign state in any proceedings in which the state has failed to take the initial step referred to in subsection (1), a certified copy of the judgment shall be served on the foreign state (a) where service of the document that originated the proceedings was made on an agency of the foreign state, in such manner as is ordered by the court; or (b) in any other case, in the manner specified in paragraph 9(1)(c) as though the judgment were an originating document. Idem (3) Where, by reason of subsection (2), a certified copy of a judgment is required to be served in the manner specified in paragraph 9(1)(c), subsections 9(2) and (5) apply with such modifications as the circumstances require. Application to set aside or revoke default judgment (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked. R.S., 1985, c. S-18, s. 10; 2004, c. 25, s. 173. No injunction, specific performance, etc., without consent 11 (1) Subject to subsection (3), no relief by way of an injunction, specific performance or the recovery of land Current to June 20, 2022 Last amended on March 13, 2012 State Immunity Procedure and Relief Sections 11-12 or other property may be granted against a foreign state unless the state consents in writing to that relief and, where the state so consents, the relief granted shall not be greater than that consented to by the state. Submission not consent (2) Submission by a foreign state to the jurisdiction of a court is not consent for the purposes of subsection (1). Exception (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity. R.S., 1985, c. S-18, s. 11; 2012, c. 1, s. 6. Execution 12 (1) Subject to subsections (2) and (3), property of a foreign state that is located in Canada is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture except where (a) the state has, either explicitly or by implication, waived its immunity from attachment, execution, arrest, detention, seizure or forfeiture, unless the foreign state has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal; (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity; (c) the execution relates to a judgment establishing rights in property that has been acquired by succession or gift or in immovable property located in Canada, or (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value. Property of an agency of a foreign state is not immune (2) Subject to subsection (3), property of an agency of a foreign state is not immune from attachment and execution and, in the case of an action in rem, from arrest, Current to June 20, 2022 Last amended on March 13, 2012 State Immunity Procedure and Relief Sections 12-12.1 detention, seizure and forfeiture, for the purpose of satisfying a judgment of a court in any proceedings in respect of which the agency is not immune from the jurisdiction of the court by reason of any provision of this Act. Military property (3) Property of a foreign state (a) that is used or is intended to be used in connection with a military activity, and (b) that is military in nature or is under the control of a military authority or defence agency is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture. Property of a foreign central bank immune (4) Subject to subsection (5), property of a foreign central bank or monetary authority that is held for its own account and is not used or intended for a commercial activity is immune from attachment and execution. Waiver of immunity (5) The immunity conferred on property of a foreign central bank or monetary authority by subsection (4) does not apply where the bank, authority or its parent foreign government has explicitly waived the immunity, unless the bank, authority or government has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal. R.S., 1985, c. S-18, s. 12; 2012, c. 1, s. 7. Assistance for judgment creditors 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests: (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada. Current to June 20, 2022 Last amended on March 13, 2012 State Immunity Procedure and Relief Sections 12.1-14 Disclosure of information (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose (a) information that was produced in or for a government institution, without the authorization of the government institution; and (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information. Definition of government institution (3) In subsection (2), government institution means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament. 2012, c. 1, s. 8. No fine for failure to produce 13 (1) No penalty or fine may be imposed by a court against a foreign state for any failure or refusal by the state to produce any document or other information in the course of proceedings before the court. Exception (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity. R.S., 1985, c. S-18, s. 13; 2012, c. 1, s. 9. General Certificate is conclusive evidence 14 (1) A certificate issued by the Minister of Foreign Affairs, or on his behalf by a person authorized by him, with respect to any of the following questions, namely, (a) whether a country is a foreign state for the purposes of this Act, (b) whether a particular area or territory of a foreign state is a political subdivision of that state, or (c) whether a person or persons are to be regarded as the head or government of a foreign state or of a political subdivision of the foreign state, is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that question, Current to June 20, 2022 Last amended on March 13, 2012 State Immunity General Sections 14-18 without proof of the signature of the Minister of Foreign Affairs or other person or of that other person’s authorization by the Minister of Foreign Affairs. Idem (2) A certificate issued by the Deputy Minister of Foreign Affairs, or on his behalf by a person designated by him pursuant to subsection 9(2), with respect to service of an originating or other document on a foreign state in accordance with that subsection is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that service, without proof of the signature of the Deputy Minister of Foreign Affairs or other person or of that other person’s authorization by the Deputy Minister of Foreign Affairs. R.S., 1985, c. S-18, s. 14; 1995, c. 5, ss. 25, 27. Governor in Council may restrict immunity by order 15 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by order restrict any immunity or privileges under this Act in relation to a foreign state where, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded by the law of that state. R.S., 1985, c. S-18, s. 15; 1995, c. 5, s. 25. Inconsistency 16 If, in any proceeding or other matter to which a provision of this Act and a provision of the Extradition Act, the Visiting Forces Act or the Foreign Missions and International Organizations Act apply, there is a conflict between those provisions, the provision of this Act does not apply in the proceeding or other matter to the extent of the conflict. R.S., 1985, c. S-18, s. 16; 1991, c. 41, s. 13; 2000, c. 24, s. 70. Rules of court not affected 17 Except to the extent required to give effect to this Act, nothing in this Act shall be construed or applied so as to negate or affect any rules of a court, including rules of a court relating to service of a document out of the jurisdiction of the court. 1980-81-82-83, c. 95, s. 16. Application 18 This Act does not apply to criminal proceedings or proceedings in the nature of criminal proceedings. 1980-81-82-83, c. 95, s. 17. Current to June 20, 2022 Last amended on March 13, 2012

CONSOLIDATION Supplementary Retirement Benefits Act R.S.C., 1985, c. S-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 supplementary retirement benefits for certain persons in receipt of pensions payable out of the Consolidated Revenue Fund Short Title 1 Short title Interpretation 2 Definitions Supplementary Retirement Benefits 3 Benefit payable Calculation of benefit Manner of payment of benefit Return of Contributions 6 Return of contributions and minimum benefit Recoveries 7 Recovery of overpayments Financial Provisions 8 Account established Interest to be credited to Account General 10 Regulations Where basis of Consumer Price Index changed Annual report SCHEDULE I SCHEDULE II Current to June 20, 2022 ii R.S.C., 1985, c. S-24 An Act to provide supplementary retirement benefits for certain persons in receipt of pensions payable out of the Consolidated Revenue Fund Short Title Short title 1 This Act may be cited as the Supplementary Retirement Benefits Act. R.S., c. 43(1st Supp.), s. 1. Interpretation Definitions 2 (1) In this Act, Benefit Index has the meaning assigned by subsection 4(2); (indice de prestation) disabled means incapable of pursuing regularly any substantially gainful occupation; (invalide) 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) pension means any pension, annual allowance or annuity payable pursuant to an enactment listed or described in Schedule I; (pension) Pension Index, with respect to any year, means the average for that year of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in the twelve month period ending on September 30 in the immediately preceding year; (indice de pension) prescribed means prescribed by regulations made under this Act; (Version anglaise seulement) Current to June 20, 2022 Supplementary Retirement Benefits Interpretation Section 2 recipient means a person who (a) has reached sixty years of age and is in receipt of a pension, (b) not having reached sixty years of age (i) is in receipt of a pension and is disabled, (ii) is in receipt of a pension as a person described in (A) paragraph 38(1)(b) of the Members of Parliament Retiring Allowances Act, chapter M-10 of the Revised Statutes of Canada, 1970, (B) paragraph 42(1)(c) or section 43.1 of the Judges Act, (C) paragraph 5(1)(c) of the Diplomatic Service (Special) Superannuation Act, or (D) subsection 3(1) of the Lieutenant Governors Superannuation Act, or (iii) is in receipt of a pension pursuant to the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, or the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, as a result of having been compulsorily retired from the regular force or the Force by reason of any mental or physical condition rendering the person unfit to perform duties as a member of the regular force or the Force, as the case may be, (iv) [Repealed, 1992, c. 46, s. 98] (c) is in receipt of a pension based on not less than (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age, (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age, (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age, (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years Current to June 20, 2022 Supplementary Retirement Benefits Interpretation Section 2 of age but has not reached fifty-seven years of age, or (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or (d) is in receipt of a pension by virtue of being a survivor or child; (prestataire) Supplementary Retirement Benefits Account means the Account established pursuant to subsection 8(1); (compte de prestations de retraite supplémentaires) survivor means a survivor or a surviving spouse within the meaning of the relevant enactment that is listed or described in Schedule I. (survivant) Calculation of amount of pension payable (2) For the purposes of this Act, the amount of the pension payable to a recipient (a) under the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952, is the amount of the pension payable in respect of service in the Civil Service to the credit of the person to or in respect of whom the pension is payable under that Act, and (b) [Repealed, 1992, c. 46, s. 98] (c) under any other enactment listed or described in Schedule I, is the amount of the pension payable under that enactment, as increased by the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970. Meaning of expression pension based on not less than specified number of years of pensionable service (3) For the purposes of paragraph (c) of the definition recipient in subsection (1), the expression pension based on not less than a specified number of years of pensionable service means (a) a pension under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, or the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, based on not less than that number of years of service, as defined in the Defence Services Pension Continuation Act or the Royal Canadian Mounted Police Pension Continuation Act, as the case may be; or Current to June 20, 2022 Supplementary Retirement Benefits Interpretation Sections 2-4 (b) a pension under the Diplomatic Service (Special) Superannuation Act, based on not less than that number of years of service as a Public Official, as defined in that Act. (c) to (e) [Repealed, 1992, c. 46, s. 98] R.S., 1985, c. S-24, s. 2; 1992, c. 46, s. 98; 2000, c. 12, s. 295; 2001, c. 7, s. 26. Supplementary Retirement Benefits Benefit payable 3 Subject to this Act, a supplementary retirement benefit shall be paid to every recipient. R.S., c. 43(1st Supp.), s. 3; 1974-75-76, c. 81, s. 106(F). Calculation of benefit 4 (1) The supplementary retirement benefit payable to a recipient for a month in any year is an amount equal to the amount obtained by multiplying (a) the amount of the pension payable to the recipient for that month by (b) the ratio that the Benefit Index for that year bears to the Benefit Index for the retirement year of the person to or in respect of whom or in respect of whose service the pension is payable, and subtracting therefrom (c) the amount of the pension payable to the recipient for that month. Benefit Index (2) For the purposes of subsection (1), the Benefit Index (a) for any year set out in column I of Schedule II, is the figure set out in column II of that Schedule opposite that year; and (b) for the year 1985 and each following year, shall be calculated in prescribed manner by multiplying (i) the Benefit Index for the year immediately preceding that year Current to June 20, 2022 Supplementary Retirement Benefits Supplementary Retirement Benefits Section 4 by (ii) the ratio that the Pension Index for that year bears to the Pension Index for the year immediately preceding that year. Exception for first year benefits received (3) Notwithstanding subsection (1), the supplementary retirement benefit payable to a recipient whose retirement year is 1982 or a later year, and who retires, or who is the survivor or a child of a person who retires, on or after June 22, 1982, for a month in the year immediately following the retirement year is the amount obtained by multiplying (a) the amount of the supplementary retirement benefit that would, but for this subsection, be payable to the recipient for that month by (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve. Exception for subsequent years (4) For the purposes of calculating the supplementary retirement benefit payable under subsection (1) to a recipient whose retirement year is 1982 or a later year, and who retires, or who is the survivor or a child of a person who retires, on or after June 22, 1982, for a month in any year following the year immediately following the retirement year, (a) the amount of the pension payable to the recipient for that month referred to in paragraph (1)(a) shall be deemed to be the aggregate of the amount of the pension payable to the recipient for that month and the amount of the supplementary retirement benefit for a month in the year immediately following his retirement year calculated pursuant to subsection (3), whether or not that amount was paid; and (b) the Benefit Index for the retirement year shall be deemed to be the Benefit Index for the year immediately following his retirement year. Determination of retirement year or retirement month (5) For the purposes of this section, (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person Current to June 20, 2022 Supplementary Retirement Benefits Supplementary Retirement Benefits Section 4 referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of the enactment pursuant to which the pension is payable, that person most recently ceased to be employed, to hold office, to be a member of the Senate or House of Commons or to be a member of the regular force or the Royal Canadian Mounted Police, as the case may be; and (b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable. (6) [Repealed, 1992, c. 46, s. 99] No decrease in amount of supplementary retirement benefit (7) Notwithstanding subsection (1) but subject to section 5, the aggregate of the amount of the supplementary retirement benefit and pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary retirement benefit and pension that was or may be paid to that recipient for any month in the year next before that year. Recipients for whom retirement year is 1976 or later (8) Notwithstanding subsections (1), (3), (4) and (7), but subject to section 5, the amount of the supplementary retirement benefit that may be paid for a month in any year to a recipient in respect of whom the retirement year determined pursuant to subsection (5) is 1976 or a later year shall be not less than the difference obtained by subtracting the amount of the pension that may be paid to him for that month in that year from the aggregate of the supplementary retirement benefit and maximum pension that would have been payable to that recipient for that month in that year, other than pursuant to this subsection, if the retirement month of the retirement year of the recipient had been that month in that year, being a year after 1974, as is determined by (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which he was appointed by the Governor in Council; and (b) the Treasury Board, in the case of a person other than a person described in paragraph (a). R.S., 1985, c. S-24, s. 4; 1992, c. 46, s. 99; 2000, c. 12, s. 296. Current to June 20, 2022 Supplementary Retirement Benefits Supplementary Retirement Benefits Sections 5-6 Manner of payment of benefit 5 The supplementary retirement benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient. R.S., c. 43(1st Supp.), s. 5; 1974-75-76, c. 81, s. 106(F). Return of Contributions Return of contributions and minimum benefit 6 (1) Where a person who has contributed to the Supplementary Retirement Benefits Account pursuant to any enactment listed or described in Schedule I, in this section referred to as the “contributor”, (a) ceases to contribute to that Account and no pension is or will become payable to or in respect of that person, that person shall be paid an amount equal to the aggregate of all amounts contributed by that person to that Account, together with interest, if any, calculated pursuant to subsection (2); or (b) dies and there is no person to whom a supplementary retirement benefit may be paid in respect of the contributor, or the persons to whom such a benefit may be paid die or cease to be entitled to a pension and no other amount may be paid to them under this Act, any amount by which the aggregate of (i) all amounts contributed by the contributor to that Account, together with interest, if any, calculated pursuant to subsection (2), and (ii) all amounts that may be paid to or in respect of him as a return of contributions, withdrawal allowance or death benefit pursuant to any enactment listed or described in Schedule I, exceeds the aggregate of all amounts paid to those persons and to the contributor under this Act and any enactment listed or described in Schedule I shall be paid, as a death benefit, to the contributor’s estate or, if less than one thousand dollars, as the Minister may direct. Current to June 20, 2022 Supplementary Retirement Benefits Return of Contributions Sections 6-7 Interest (2) Where, at any time after December 31, 1974, a contributor ceases to contribute in respect of current service to the Supplementary Retirement Benefits Account, the Minister shall (a) determine the aggregate of all amounts that have been contributed by the contributor to that Account (i) prior to 1974, and (ii) during each year, in this subsection called a “contribution year”, subsequent to 1973 in which contributions were made by or on behalf of the contributor to that Account, and that have not previously been paid to him as a return of contributions or otherwise; and (b) calculate interest at the rate of four per cent compounded annually (i) on the aggregate amount determined in respect of the period referred to in subparagraph (a)(i), from December 31, 1973 to December 31 of the year immediately preceding the year in which he ceased to contribute in respect of current service to that Account, and (ii) on the aggregate amount determined in respect of each contribution year referred to in subparagraph (a)(ii), from December 31 of that year to December 31 of the year immediately preceding the year in which he ceased to contribute in respect of current service to that Account. (3) [Repealed, 1992, c. 46, s. 100] R.S., 1985, c. S-24, s. 6; 1992, c. 46, s. 100. Recoveries Recovery of overpayments 7 Where any amount has been paid in error under this Act on account of any supplementary retirement benefit, the Minister may retain by way of deduction in prescribed manner from any subsequent payments of that supplementary retirement benefit or of the pension by reference to which that benefit is calculated an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof. R.S., c. 43(1st Supp.), s. 7. Current to June 20, 2022 Supplementary Retirement Benefits Financial Provisions Sections 8-10 Financial Provisions Account established 8 (1) There is hereby established in the accounts of Canada an account to be known as the Supplementary Retirement Benefits Account. Amounts payable out of C.R.F. (2) All benefits and other amounts required to be paid pursuant to this Act shall be paid out of the Consolidated Revenue Fund and, except in the case of (a) any benefit calculated by reference to a pension payable for any month after December, 1973 to or in respect of a person or in respect of the service of a person whose retirement year, determined as provided in subsection 4(5), is before 1970, (b) the amount by which any benefit calculated by reference to a pension payable for any month after December, 1973 to or in respect of a person or in respect of the service of a person whose retirement year, determined as provided in subsection 4(5), is after 1969 exceeds the aggregate of all amounts credited to the Supplementary Retirement Benefits Account in respect of that person, including such portion of any interest credited to that Account as may reasonably be regarded as having been credited thereto in respect of that person, and (c) any benefit calculated by reference to an annuity payable under the Governor General’s Act or the Judges Act, shall be charged to the Supplementary Retirement Benefits Account. R.S., c. 43(1st Supp.), s. 8; R.S., c. 30(2nd Supp.), s. 1; 1973-74, c. 36, s. 4; 1980-81-82-83, c. 158, s. 58. Interest to be credited to Account 9 There shall be credited to the Supplementary Retirement Benefits Account in each fiscal year an amount representing interest on the balance from time to time to the credit of that Account calculated at such rate as may be fixed by the Treasury Board. R.S., c. 43(1st Supp.), s. 9. General Regulations 10 The Minister may make regulations prescribing Current to June 20, 2022 Supplementary Retirement Benefits General Sections 10-12 (a) for the purposes of the definition Pension Index, the manner of calculating the average of the Consumer Price Index for any period; (b) for the purposes of paragraph 4(2)(b), the manner of calculating the Benefit Index and the manner of calculating any ratio referred to in that paragraph; and (c) the manner in which amounts referred to in section 7 may be deducted from any supplementary retirement benefit or pension. R.S., c. 43(1st Supp.), s. 10; 1973-74, c. 36, s. 5. Where basis of Consumer Price Index changed 11 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis with a resulting percentage adjustment being made in the figures for that Index, a corresponding adjustment shall be made in the Pension Index with respect to any period that is used for the purpose of calculating the amount of any benefit that may be paid under this Act. 1973-74, c. 36, s. 6. Annual report 12 The Minister shall lay before Parliament each year a report on the administration of this Act during the preceding fiscal year, including a statement showing the amounts paid into and out of the Supplementary Retirement Benefits Account during that year, together with such additional information as the Governor in Council requires. R.S., c. 43(1st Supp.), s. 11. Current to June 20, 2022 Supplementary Retirement Benefits SCHEDULE I SCHEDULE I (Section 2) 1 Governor General’s Act. 2 Part VI of the Members of Parliament Retiring Allowances Act, R.S.C. 1970, c. M-10. 3 [Repealed, 1992, c. 46, s. 101] 4 Judges Act. 5 Diplomatic Service (Special) Superannuation Act. 6 [Repealed, 1992, c. 46, s. 102] 7 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 52] 8 Civil Service Superannuation Act, R.S.C. 1952, c. 50. 9. and 10 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 53] 11 [Repealed, 1992, c. 46, s. 103] 12 Defence Services Pension Continuation Act, R.S.C. 1970, c. D-3. 13 [Repealed, 1992, c. 46, s. 104] 14 Royal Canadian Mounted Police Pension Continuation Act, Parts II and III, R.S.C. 1970, c. R-10. 15 Currency, Mint and Exchange Fund Act, subsection 15(2), R.S.C. 1952, c. 315. 16 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. 17 Regulations made by the Governor in Council or the Treasury Board, other than regulations made under the Special Retirement Arrangements Act, that, in the opinion of the Minister, provide for the payment of a pension out of the Consolidated Revenue Fund calculated on the basis of length of service of the person to or in respect of whom it was granted or is payable. 18 Lieutenant Governors Superannuation Act. R.S., 1985, c. S-24, Sch. I; R.S., 1985, c. 1 (4th Supp.), ss. 52, 53; 1992, c. 46, ss. 101 to 105. Current to June 20, 2022 Supplementary Retirement Benefits SCHEDULE II SCHEDULE II (Section 4) Column I Year 1952 and earlier 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 Column II Benefit Index 70.03 71.56 72.62 74.27 76.00 77.20 79.06 80.36 81.70 83.79 85.25 86.76 89.13 90.78 92.49 94.27 96.12 98.04 100.00 104.00 106.50 111.29 118.75 130.74 145.51 158.02 169.40 184.82 201.27 220.79 247.70 263.80 278.31 R.S., c. 43(1st Supp.), Sch. II; 1980-81-82-83, c. 136, s. 2. Current to June 20, 2022

CONSOLIDATION Service Fees Act S.C. 2017, c. 20, s. 451 NOTE [Enacted by section 451 of chapter 20 of the Statutes of Canada, 2017, sections 16 to 18 and paragraph 20(1)(g) in force April 1, 2018, section 22 in force May 1, 2019, see SI/2019-20.] Current to June 20, 2022 Last amended on May 1, 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 May 1, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on May 1, 2019 TABLE OF PROVISIONS An Act respecting certain government fees, charges and levies Short title 1 Short title Interpretation 2 Definitions Performance Standards 3 Application — sections 4 to 7 Obligation — responsible authority Amendments Accessibility Remissions Statutory Instruments Act Consultation and Parliamentary Review 9 Application — sections 10 to 15 Requirements Fee proposal Consultation Complaints Tabling of materials in Parliament Parliamentary review Annual Adjustment 16 Non-application — sections 17 and 18 Consumer Price Index Effect of section 17 Reports 19 Non-application — sections 20 and 21 Report — responsible authority Report — President of the Treasury Board Current to June 20, 2022 Last amended on May 1, 2019 ii Service Fees TABLE OF PROVISIONS Low-materiality Fees 22 Non-application — sections 3 to 18 Current to June 20, 2022 Last amended on May 1, 2019 iv S.C. 2017, c. 20, s. 451 An Act respecting certain government fees, charges and levies [Assented to 22nd June 2017] Short title Short title 1 This Act may be cited as the Service Fees Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. federal entity means (a) a department named in Schedule I to the Financial Administration Act; (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act; or (c) a corporation named in Schedule II to that Act. (entité fédérale) fee means an amount — called a fee, charge, levy or by any other name — that, in relation to a federal entity, is fixed by the Governor in Council, the Treasury Board, a minister or the federal entity under a power conferred by an Act of Parliament or a capacity to contract and is payable for (a) the provision of a service; (b) the provision of the use of a facility; (c) the conferral, by means of a licence, permit or other authorization, of a right or privilege; Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Interpretation Sections 2-3 (d) the provision of a product; or (e) the recovery, in whole or in part, of costs that are incurred in relation to a regulatory scheme. (frais) fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice) responsible authority means, with respect to a fee fixed in relation to a federal entity, the appropriate Minister, as defined in section 2 of the Financial Administration Act, with respect to that entity or a person designated under subsection 2(2). (autorité compétente) Designation of responsible authority (2) The appropriate Minister, as defined in section 2 of the Financial Administration Act, with respect to a federal entity may, in writing, designate the federal entity’s chief executive officer or deputy head, whatever their title, as the responsible authority with respect to any fees fixed in relation to that entity. Performance Standards Application — sections 4 to 7 3 (1) Sections 4 to 7 apply in respect of a fee referred to in any of paragraphs (a) to (c) of the definition fee. Non-application (2) However, those sections do not apply if (a) the fee is fixed by contract; (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or referring to a market rate; (c) it is fixed under the Access to Information Act or the Privacy Act; or (d) it is paid only by or on behalf of a minister or federal entity. Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Performance Standards Sections 4-9 Obligation — responsible authority 4 The responsible authority with respect to a fee must ensure that a performance standard is established in respect of the fee, in accordance with Treasury Board policies or directives, if any. Amendments 5 Before a performance standard established in respect of a fee that is fixed after this section comes into force is amended, the responsible authority with respect to the fee must consult any persons and organizations that the responsible authority considers to be interested in the matter. Accessibility 6 The responsible authority with respect to a fee must ensure that the performance standard established in respect of the fee, or any amended standard, is accessible to the public. Remissions 7 (1) If the responsible authority with respect to a fee considers that the performance standard in relation to the fee has not been met in a fiscal year, the responsible authority must remit, before July 1 of the following fiscal year, the portion of the fee that the responsible authority considers appropriate to any affected person who paid the fee. Policies or directives (2) The consideration of whether the performance standard in relation to a fee has not been met and what is the appropriate portion of a fee to be remitted, as well as the remission, must be made in accordance with Treasury Board policies or directives. Statutory Instruments Act 8 A performance standard is not a statutory instrument for the purposes of the Statutory Instruments Act. Consultation and Parliamentary Review Application — sections 10 to 15 9 (1) Sections 10 to 15 apply in respect of a fee referred to in any of paragraphs (a) to (d) of the definition fee. Non-application (2) However, those sections do not apply if (a) the fee is fixed by contract; Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Consultation and Parliamentary Review Sections 9-11 (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or referring to a market rate; (c) it is fixed under the Access to Information Act or the Privacy Act; (d) it is fixed by a regulation, as defined in subsection 2(1) of the Statutory Instruments Act, that is published in Part I of the Canada Gazette before it is made; (e) an Act of Parliament other than this Act requires consultation before the fee is fixed; or (f) it is paid only by or on behalf of a minister or federal entity. Requirements 10 (1) The requirements of sections 11 to 15 are to be met before a fee is fixed. Non-application in case of adjustment (2) For greater certainty, those sections do not apply when a fee is adjusted annually by operation of section 17 or periodically by operation of an Act of Parliament other than this Act, or an instrument made under such an Act. Fee proposal 11 The responsible authority with respect to a fee must develop a fee proposal that includes the following information: (a) the amount of the fee or the manner for determining its amount; (b) the circumstances in which the fee will be payable; (c) the rationale for the fee; (d) the factors taken into account in determining the amount of the fee or the manner for determining its amount; and (e) any performance standard that will apply in respect of the fee. Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Consultation and Parliamentary Review Sections 12-13 Consultation 12 The responsible authority must consult interested persons and organizations on the fee proposal by (a) making it accessible to the public; (b) inviting interested persons and organizations to make representations on it, specifying a deadline for making those representations, providing information on the requirement of paragraph (c) and specifying the time limit for submitting a complaint under subsection 13(1); and (c) replying to any representations made by interested persons and organizations within 30 days after the deadline specified under paragraph (b). Complaints 13 (1) An interested person or organization may, within 10 days after the time limit set out in paragraph 12(c) expires, submit a complaint in writing to the responsible authority with respect to the responsible authority’s reply to their representations. Establishment of panel (2) The responsible authority must, within 30 days after the time limit set out in subsection (1) expires, establish a panel to review all complaints submitted under subsection (1). Composition of panel (3) The panel is to be composed of the following members: (a) one person selected by the responsible authority; (b) one person selected by all the interested persons and organizations that submitted complaints; and (c) one person selected by the persons selected under paragraphs (a) and (b). Selection by responsible authority (4) If a selection referred to in paragraph (3)(b) or (c) is not made within the time limit set out in subsection (2), the responsible authority must select a person to be a panel member as soon as feasible. Costs (5) The responsible authority is responsible for the costs of the panel, including the remuneration and expenses that are payable to the panel members. Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Consultation and Parliamentary Review Sections 13-16 Report (6) The panel must issue a report on the complaints within 90 days after the day on which the panel is established. Any recommendations set out in the report are not binding on the responsible authority. Extension of time limit (7) The responsible authority may, at the request of the panel, extend the time limit set out in subsection (6) by a maximum of 30 days. Tabling of materials in Parliament 14 The responsible authority must cause the following materials to be tabled in both Houses of Parliament: (a) the fee proposal; (b) a summary of the consultations on the fee proposal; and (c) if a review panel was established, its report and a summary of any actions taken by the responsible authority as a result of the report. Parliamentary review 15 (1) The tabled materials stand permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question. Report (2) The committee may review the materials and may submit to the Senate or the House of Commons, as the case may be, a report that contains its recommendations with respect to the fee proposal. Deemed report (3) If the committee does not submit a report that contains its recommendations within the first 20 sitting days after the day on which the materials are tabled, the committee is considered to have submitted a report to the Senate or the House of Commons, as the case may be, recommending the approval of the fee proposal. Annual Adjustment Non-application — sections 17 and 18 16 Sections 17 and 18 do not apply in respect of a fee if (a) the fee is fixed by contract; (b) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Annual Adjustment Sections 16-20 over which that person or body has no control, such as an auction or referring to a market rate; (c) it is fixed under the Access to Information Act or the Privacy Act; (d) it is adjusted periodically by operation of an Act of Parliament other than this Act, or by operation of an instrument made under such an Act; or (e) it is paid only by or on behalf of a minister or federal entity. Consumer Price Index 17 (1) A fee is adjusted in each fiscal year — on the anniversary of a date that is selected by the responsible authority with respect to the fee before the first adjustment — by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year. Exception (2) However, a fee is not adjusted by operation of subsection (1) in a fiscal year if the fee is fixed in that fiscal year before the adjustment date. Effect of section 17 18 For greater certainty, section 17 does not limit any power conferred under an Act of Parliament to fix a fee. Reports Non-application — sections 20 and 21 19 Sections 20 and 21 do not apply in respect of a fee if it is paid only by or on behalf of a minister or federal entity. Report — responsible authority 20 (1) In each fiscal year, a responsible authority must, in accordance with Treasury Board policies or directives, if any, cause a report to be tabled before each House of Parliament that sets out (a) the fees within the jurisdiction of the responsible authority that were payable in the previous fiscal year; (b) the authorities under which those fees were fixed; (c) the revenue received from those fees; Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act Reports Sections 20-22 (d) any costs incurred in relation to the things for which those fees were paid; (e) the degree of compliance with any performance standards established in respect of those fees; (f) any remissions made under section 7 in respect of those fees; (g) the fees within the jurisdiction of the responsible authority that will be adjusted by operation of section 17 in the fiscal year after the year in which the report is tabled along with the adjustment date and the adjusted amount or adjusted manner for determining the amount; and (h) any other information required by the Treasury Board. Referral to committee (2) The report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question. Report — President of the Treasury Board 21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that consolidates the information set out in the tabled reports. Low-materiality Fees Non-application — sections 3 to 18 22 (1) Subject to the regulations, sections 3 to 18 do not apply in respect of a low-materiality fee. Regulations (2) The Treasury Board may make regulations respecting low-materiality fees, including regulations (a) listing the fees that the Treasury Board considers to be low-materiality fees or setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees; and (b) setting out when sections 3 to 18 cease to apply in respect of low-materiality fees and when those sections apply to fees that have ceased to be low-materiality fees. Current to June 20, 2022 Last amended on May 1, 2019 Service Fees Act RELATED PROVISIONS RELATED PROVISIONS — 2017, c. 20, s. 452 Definitions 452 (1) In this section, fee and responsible authority have the same meaning as in section 2 of the Service Fees Act, as enacted by section 451. Performance standards — existing fees (2) If a fee that is payable on the day on which this section comes into force is subject to section 4 of the Service Fees Act and a performance standard has not been established in respect of the fee on or before that day, the responsible authority with respect to the fee must ensure that a performance standard is established in respect of the fee within one year after that day. Application of sections 5 to 8 (3) Sections 5 to 8 of the Service Fees Act apply in respect of the fee beginning on the day on which the performance standard is established in respect of the fee. Current to June 20, 2022 Last amended on May 1, 2019

CONSOLIDATION Succession to the Throne Act, 2013 S.C. 2013, c. 6 Current to June 20, 2022 Last amended on March 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 March 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 March 26, 2015 TABLE OF PROVISIONS An Act to assent to alterations in the law touching the Succession to the Throne 1 Short title Assent *3 Coming into force Current to June 20, 2022 Last amended on March 26, 2015 ii S.C. 2013, c. 6 An Act to assent to alterations in the law touching the Succession to the Throne [Assented to 27th March 2013] Preamble Whereas the Constitution Act, 1867 provides that the executive government and authority of and over Canada is vested in Her Majesty the Queen; Whereas representatives of the Realms of which Her Majesty is Sovereign agreed on October 28, 2011 to change the rules on succession to, and possession of, their respective Crowns so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic; Whereas the following recital is set out in the preamble to the Statute of Westminster, 1931: “And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”; And whereas Her Majesty’s Government of the United Kingdom has caused to be introduced in the Parliament of the United Kingdom a bill to ensure that succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic; Current to June 20, 2022 Last amended on March 26, 2015 Succession to the Throne, 2013 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 Succession to the Throne Act, 2013. Assent 2 The alteration in the law touching the Succession to the Throne set out in the bill laid before the Parliament of the United Kingdom and entitled A Bill to Make succession to the Crown not depend on gender; to make provision about Royal Marriages; and for connected purposes is assented to. Coming into force 3 This Act comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force March 26, 2015, see SI/2015-25.] Current to June 20, 2022 Last amended on March 26, 2015

CONSOLIDATION Settlement of International Investment Disputes Act S.C. 2008, c. 8 Current to June 20, 2022 Last amended on November 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 November 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 November 1, 2013 TABLE OF PROVISIONS An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) Short title Definitions Interpretation if inconsistency Application Capacity, privileges and immunities of the Centre Binding on Her Majesty Remedies Jurisdiction of superior court Arbitration — exclusion of other remedies Conciliation — without prejudice Designation of panels *12 Coming into force SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States Current to June 20, 2022 Last amended on November 1, 2013 ii S.C. 2008, c. 8 An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) [Assented to 13th March 2008] 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 Settlement of International Investment Disputes Act. Definitions 2 The following definitions apply in this Act. award means an award rendered by the arbitral tribunal established under article 37 of the Convention and an interpretation, revision or annulment, if any, of the award under the Convention. (sentence) Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the text of which is set out in the schedule. (Convention) Interpretation if inconsistency 3 Despite section 5 of the United Nations Foreign Arbitral Awards Convention Act, in the event of an inconsistency between that Act — or the Commercial Arbitration Act — and this Act or the Convention, this Act or the Convention, as the case may be, prevails to the extent of the inconsistency. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes Sections 4-8 Application 4 This Act applies to awards rendered, arbitration agreements entered into and conciliation proceedings commenced under the Convention before or after the coming into force of this Act. Capacity, privileges and immunities of the Centre 5 (1) The International Centre for Settlement of Investment Disputes established under the Convention has the capacity of a natural person and the privileges and immunities set out in articles 19, 20 and 23 and paragraph (1) of article 24 of the Convention. Privileges and immunities — individuals (2) A person referred to in article 21 or 22 or paragraph (3) of article 24 of the Convention has the privileges and immunities set out in that article or paragraph, as the case may be. Non-taxation of foreign nationals (3) A person referred to in paragraph (2) of article 24 of the Convention who is neither a Canadian citizen nor a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has the privileges and immunities set out in that paragraph. Certificate of Minister of Foreign Affairs (4) A certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing a statement of fact relevant to whether a person has privileges or immunities under this Act is to be received in evidence in any proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed it. Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada. Remedies 7 An award is not subject to a remedy except as set out in the Convention. Jurisdiction of superior court 8 (1) A superior court may recognize and enforce an award. Recognition and enforcement of awards (2) The court shall on application recognize and enforce an award as if it were a final judgment of that court. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes Sections 8-12 Stay of enforcement (3) If the enforcement of an award is stayed under the Convention, the court shall on application stay the enforcement of the award. Arbitration — exclusion of other remedies 9 Unless the parties to an arbitration agreement entered into under the Convention agree otherwise, a court or administrative tribunal (a) may not order interim measures for the preservation of a party’s rights or interests before the institution of or during arbitration proceedings; and (b) may not determine a matter that is covered by the agreement. Conciliation — without prejudice 10 Unless the parties to conciliation proceedings under the Convention agree otherwise, a party may not use the following in any other proceedings, including proceedings before a court, administrative tribunal or arbitrator: (a) a view expressed or a statement, admission or offer of settlement made by the other party in the conciliation proceedings; or (b) the report or recommendations made by the conciliation commission established under article 29 of the Convention. Designation of panels 11 The Governor in Council may, in accordance with articles 12 to 16 of the Convention, designate persons to the panel of conciliators and the panel of arbitrators. Coming into force * 12 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force November 1, 2013, see SI/2013-115.] Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States SCHEDULE (Section 2) Convention on the Settlement of Investment Disputes Between States and Nationals of Other States Preamble The Contracting States Considering the need for international cooperation for economic development, and the role of private international investment therein; Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States; Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases; Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire; Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development; Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration, Have agreed as follows: Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER I International Centre for Settlement of Investment Disputes SECTION 1 Establishment and Organization ARTICLE 1 (1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre). (2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention. ARTICLE 2 The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members. ARTICLE 3 The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators. SECTION 2 The Administrative Council ARTICLE 4 (1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal’s absence from a meeting or inability to act. (2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 5 The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council. ARTICLE 6 (1) Without prejudice to the powers and functions vested in it by other provisions of this Convention, the Administrative Council shall: (a) adopt the administrative and financial regulations of the Centre; (b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings; (c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services; (e) determine the conditions of service of the SecretaryGeneral and of any Deputy Secretary-General; (f) adopt the annual budget of revenues and expenditures of the Centre; (g) approve the annual report on the operation of the Centre. The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council. (2) The Administrative Council may appoint such committees as it considers necessary. (3) The Administrative Council shall also exercise such other powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention. ARTICLE 7 (1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council. (2) Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority of the votes cast. (3) A quorum for any meeting of the Administrative Council shall be a majority of its members. (4) The Administrative Council may establish, by a majority of two-thirds of its members, a procedure whereby the Chairman may seek a vote of the Council without convening a meeting of the Council. The vote shall be considered valid Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure. ARTICLE 8 Members of the Administrative Council and the Chairman shall serve without remuneration from the Centre. SECTION 3 The Secretariat ARTICLE 9 The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff. ARTICLE 10 (1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office. (2) The offices of Secretary-General and Deputy SecretaryGeneral shall be incompatible with the exercise of any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council. (3) During the Secretary-General’s absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General. ARTICLE 11 The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States SECTION 4 The Panels ARTICLE 12 The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified persons, designated as hereinafter provided, who are willing to serve thereon. ARTICLE 13 (1) Each Contracting State may designate to each Panel four persons who may but need not be its nationals. (2) The Chairman may designate ten persons to each Panel. The persons so designated to a Panel shall each have a different nationality. ARTICLE 14 (1) Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators. (2) The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring representation on the Panels of the principal legal systems of the world and of the main forms of economic activity. ARTICLE 15 (1) Panel members shall serve for renewable periods of six years. (2) In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member’s term. (3) Panel members shall continue in office until their successors have been designated. ARTICLE 16 (1) A person may serve on both Panels. (2) If a person shall have been designated to serve on the same Panel by more than one Contracting State, or by one or more Contracting States and the Chairman, he shall be deemed to have been designated by the authority which first designated him or, if one such authority is the State of which he is a national, by that State. (3) All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States SECTION 5 Financing the Centre ARTICLE 17 If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Council. SECTION 6 Status, Immunities and Privileges ARTICLE 18 The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity: (a) to contract; (b) to acquire and dispose of movable and immovable property; (c) to institute legal proceedings. ARTICLE 19 To enable the Centre to fulfil its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section. ARTICLE 20 The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity. ARTICLE 21 The Chairman, the members of the Administrative Council, persons acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat (a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity; (b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 22 The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held. ARTICLE 23 (1) The archives of the Centre shall be inviolable, wherever they may be. (2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organizations. ARTICLE 24 (1) The Centre, its assets, property and income, and its operations and transactions authorized by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties. (2) Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat. (3) No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid. CHAPTER II Jurisdiction of the Centre ARTICLE 25 (1) The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally. (2) National of another Contracting State means: Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (a) any natural person who had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also had the nationality of the Contracting State party to the dispute; and (b) any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention. (3) Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the Centre that no such approval is required. (4) Any Contracting State may, at the time of ratification, acceptance or approval of this Convention or at any time thereafter, notify the Centre of the class or classes of disputes which it would or would not consider submitting to the jurisdiction of the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1). ARTICLE 26 Consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention. ARTICLE 27 (1) No Contracting State shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute. (2) Diplomatic protection, for the purposes of paragraph (1), shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER III Conciliation SECTION 1 Request for Conciliation ARTICLE 28 (1) Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party. (2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings. (3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register. SECTION 2 Constitution of the Conciliation Commission ARTICLE 29 (1) The Conciliation Commission (hereinafter called the Commission) shall be constituted as soon as possible after registration of a request pursuant to Article 28. (2) (a) The Commission shall consist of a sole conciliator or any uneven number of conciliators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties. ARTICLE 30 If the Commission shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 31 (1) Conciliators may be appointed from outside the Panel of Conciliators, except in the case of appointments by the Chairman pursuant to Article 30. (2) Conciliators appointed from outside the Panel of Conciliators shall possess the qualities stated in paragraph (1) of Article 14. SECTION 3 Conciliation Proceedings ARTICLE 32 (1) The Commission shall be the judge of its own competence. (2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute. ARTICLE 33 Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question. ARTICLE 34 (1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations. (2) If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission of the dispute and recording the failure of the parties to reach agreement. If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party’s failure to appear or participate. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 35 Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission. CHAPTER IV Arbitration SECTION 1 Request for Arbitration ARTICLE 36 (1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party. (2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings. (3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register. SECTION 2 Constitution of the Tribunal ARTICLE 37 (1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36. (2) (a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 38 If the Tribunal shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute. ARTICLE 39 The majority of the arbitrators shall be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties. ARTICLE 40 (1) Arbitrators may be appointed from outside the Panel of Arbitrators, except in the case of appointments by the Chairman pursuant to Article 38. (2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1) of Article 14. SECTION 3 Powers and Functions of the Tribunal ARTICLE 41 (1) The Tribunal shall be the judge of its own competence. (2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute. ARTICLE 42 (1) The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable. (2) The Tribunal may not bring in a finding of non liquet on the ground of silence or obscurity of the law. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute ex aequo et bono if the parties so agree. ARTICLE 43 Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any stage of the proceedings, (a) call upon the parties to produce documents or other evidence, and (b) visit the scene connected with the dispute, and conduct such inquiries there as it may deem appropriate. ARTICLE 44 Any arbitration proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. If any question of procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question. ARTICLE 45 (1) Failure of a party to appear or to present his case shall not be deemed an admission of the other party’s assertions. (2) If a party fails to appear or to present his case at any stage of the proceedings the other party may request the Tribunal to deal with the questions submitted to it and to render an award. Before rendering an award, the Tribunal shall notify, and grant a period of grace to, the party failing to appear or to present its case, unless it is satisfied that that party does not intend to do so. ARTICLE 46 Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counterclaims arising directly out of the subjectmatter of the dispute provided that they are within the scope of the consent of the parties and are otherwise within the jurisdiction of the Centre. ARTICLE 47 Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States SECTION 4 The Award ARTICLE 48 (1) The Tribunal shall decide questions by a majority of the votes of all its members. (2) The award of the Tribunal shall be in writing and shall be signed by the members of the Tribunal who voted for it. (3) The award shall deal with every question submitted to the Tribunal, and shall state the reasons upon which it is based. (4) Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent. (5) The Centre shall not publish the award without the consent of the parties. ARTICLE 49 (1) The Secretary-General shall promptly dispatch certified copies of the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched. (2) The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52 shall run from the date on which the decision was rendered. SECTION 5 Interpretation, Revision and Annulment of the Award ARTICLE 50 (1) If any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General. (2) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 51 (1) Either party may request revision of the award by an application in writing addressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant’s ignorance of that fact was not due to negligence. (2) The application shall be made within 90 days after the discovery of such fact and in any event within three years after the date on which the award was rendered. (3) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. (4) The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request. ARTICLE 52 (1) Either party may request annulment of the award by an application in writing addressed to the Secretary-General on one or more of the following grounds: (a) that the Tribunal was not properly constituted; (b) that the Tribunal has manifestly exceeded its powers; (c) that there was corruption on the part of a member of the Tribunal; (d) that there has been a serious departure from a fundamental rule of procedure; or (e) that the award has failed to state the reasons on which it is based. (2) The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date on which the award was rendered. (3) On receipt of the request the Chairman shall forthwith appoint from the Panel of Arbitrators an ad hoc Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph (1). (4) The provisions of Articles 41-45, 48, 49, 53 and 54, and of Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (5) The Committee may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request. (6) If the award is annulled the dispute shall, at the request of either party, be submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter. SECTION 6 Recognition and Enforcement of the Award ARTICLE 53 (1) The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention. (2) For the purposes of this Section, award shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52. ARTICLE 54 (1) Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state. (2) A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the SecretaryGeneral. Each Contracting State shall notify the SecretaryGeneral of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation. (3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought. ARTICLE 55 Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators ARTICLE 56 (1) After a Commission or a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV. (2) A member of a Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the Panel. (3) If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy. ARTICLE 57 A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV. ARTICLE 58 The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the Chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER VI Cost of Proceedings ARTICLE 59 The charges payable by the parties for the use of the facilities of the Centre shall be determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council. ARTICLE 60 (1) Each Commission and each Tribunal shall determine the fees and expenses of its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General. (2) Nothing in paragraph (1) of this Article shall preclude the parties from agreeing in advance with the Commission or Tribunal concerned upon the fees and expenses of its members. ARTICLE 61 (1) In the case of conciliation proceedings the fees and expenses of members of the Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings. (2) In the case of arbitration proceedings the Tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award. CHAPTER VII Place of Proceedings ARTICLE 62 Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided. ARTICLE 63 Conciliation and arbitration proceedings may be held, if the parties so agree, (a) at the seat of the Permanent Court of Arbitration or of any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or (b) at any other place approved by the Commission or Tribunal after consultation with the Secretary-General. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER VIII Disputes Between Contracting States ARTICLE 64 Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement. CHAPTER IX Amendment ARTICLE 65 Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting of the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the Administrative Council. ARTICLE 66 (1) If the Administrative Council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depositary of this Convention of a notification to Contracting States that all Contracting States have ratified, accepted or approved the amendment. (2) No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent subdivisions or agencies, or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States CHAPTER X Final Provisions ARTICLE 67 This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the Administrative Council, by a vote of two-thirds of its members, shall have invited to sign the Convention. ARTICLE 68 (1) This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitutional procedures. (2) This Convention shall enter into force 30 days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval 30 days after the date of such deposit. ARTICLE 69 Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories. ARTICLE 70 This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently. ARTICLE 71 Any Contracting State may denounce this Convention by written notice to the depositary of this Convention. The denunciation shall take effect six months after receipt of such notice. ARTICLE 72 Notice by a Contracting State pursuant to Articles 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary. Current to June 20, 2022 Last amended on November 1, 2013 Settlement of International Investment Disputes SCHEDULE Convention on the Settlement of Investment Disputes Between States and Nationals of Other States ARTICLE 73 Instruments of ratification, acceptance or approval of this Convention and of amendments thereto shall be deposited with the Bank which shall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention. ARTICLE 74 The depositary shall register this Convention with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations and the Regulations thereunder adopted by the General Assembly. ARTICLE 75 The depositary shall notify all signatory States of the following: (a) signatures in accordance with Article 67; (b) deposits of instruments of ratification, acceptance and approval in accordance with Article 73; (c) the date on which this Convention enters into force in accordance with Article 68; (d) exclusions from territorial application pursuant to Article 70; (e) the date on which any amendment of this Convention enters into force in accordance with Article 66; and (f) denunciations in accordance with Article 71. DONE at Washington, in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention. Current to June 20, 2022 Last amended on November 1, 2013

CONSOLIDATION Soldier Settlement Act R.S.C. 1927, c. 188 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 assist Returned Soldiers in Settling upon the Land. Short Title 1 Short title Interpretation 2 Definitions Constitutions of the Board 3 The Director of Soldier Settlement Corporate Powers of the Board 4 Director to be a corporation sole and agent of Crown in right of Canada Officers, clerks and employees Reservation and Acquirement of Lands and Other Property 6 Minister may reserve and transfer lands to Board Board may acquire lands and other property by agreement Compulsory purchase Arrangements with provincial governments to acquire agricultural lands Indian lands School lands Valuation of land purchased not to be enhanced because value increased by settlement Tenants, guardians executors, trustees, etc., may sell to Board Agricultural Training 14 Training and instruction in agriculture and economics, and allowances to settlers for same Soldier Grants 15 Free soldier grants Current to June 20, 2022 ii Soldier Settlement TABLE OF PROVISIONS PART II Sales and Advances to Settlers Sales of Land 16 Conditions of sale and conveyance of lands by Board to settlers Calculation of price by Board Sales of Stock and Equipment 18 Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler Advances for Improvements 19 Advances by Board to settler for improvements not to exceed $1,000 Terms of Disposition of Property 20 Dominion, Indian and school lands to be dealt with as if they were private lands No sale of land by Board at less than purchase price 21A Transfer of lands to province or municipality Resale upon Default 22 Terms of sale set forth in agreement binding Disposal of property by Board in case of rescission Leasing of Lands 24 Terms of lease to settler Advances for the Discharge of Encumbrances 25 Limitation as to advances to settler to discharge encumbrances Charges on Dominion Lands 26 No patent to issue until amount owing to Board is repaid Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund Limitations upon Sales and Advances 28 No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm Sales for Special Purposes 29 Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler Current to June 20, 2022 iv Soldier Settlement TABLE OF PROVISIONS General Provisions 30 All agreements between Board and settler under twentyone years are valid Settler occupant deemed tenant Additional security for advances may be required Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated PART III Compulsory Purchase of Lands Settlement Areas 35 Settlement areas defined by Board Gazetting notice proof of establishment Notice of alteration or disestablishment of area to be gazetted Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land Duties of Owners of Lands Within a Settlement Area 39 Owner to file return with District Superintendent, within 30 days as per form C Statement of all liens, etc., on land to be furnished to Board by person interested Procedure for Compulsory Purchase 41 When Board may purchase land compulsorily When Board may establish or declare block of land a settlement area Duties of registrar of deeds as to registers and registrations of transactions under this Act Claims on land become claims on compensation money Costs 45 Costs at discretion of Court Payment of Compensation or Costs 46 Payment of compensation or costs. Current to June 20, 2022 v Soldier Settlement TABLE OF PROVISIONS Interest 47 Interest at 5 p.c. on compensation money Resistance to Peaceful Possession 48 When warrant may issue to put Board in possession Inspection and Survey of and Entry upon Lands 49 Entry upon lands, inspection, survey, etc. Directions Respecting Compulsory Purchases 50 In case of farmers consideration of the district, character and acreage of land; all land of settler deemed occupied by him PART IV Miscellaneous Provisions 51 Conveyance from Board gives same title to land as Crown grant Board’s consent to be valid must be in writing Forfeiture of settler’s benefit under Act for fraudulent acquisition Before whom affidavits, etc., may be taken Inquiries in aid of execution of this Act Entry on land for inspection or valuation Mines and minerals exempt Judges of the Federal Court ad hoc Power of Board to estimate land apart from buildings, and to vary amount as to balance due Notice in writing of amount of indebtedness to soldier Notice prima facie evidence Franking privileges of Director No fee or commission on any sale to Board Regulations that Board may make Marks or brands to denote the Board’s ownership of property Insurance of property in favour of Board by settler when indebted to Board Assignment or delivery of policy to Board 66A Power to pay rates and taxes Current to June 20, 2022 v Soldier Settlement TABLE OF PROVISIONS Settler’s account to be credited with certain reductions Revaluation of land sold to settlers Conditions Rescission of agreement subject to order of court Credit of 30% to settler’s account When application for revaluation not disposed of Maximum not to exceed total indebtedness Board’s rights in live stock to be released Exceptions Certain interest charges remitted Application of payments made Time extended for credit on payments of arrears By consent of British Government, Director may apply certain provisions to British settlers Director’s rights in equipment to be released Exceptions Reduction of interest rate in case of a settler, veteran of two wars R.S., c. 157. Reduction of interest rate in case of other settlers SCHEDULE OF FORMS Current to June 20, 2022 vi R.S.C. 1927, c. 188 An Act to assist Returned Soldiers in Settling upon the Land. [Assented to 1st January 1919] Short Title Short title 1 This Act may be cited as the Soldier Settlement Act. 1919, c. 71, s. 1. Interpretation Definitions 2 In this Act, and in any regulations made under it, unless the context otherwise requires, the expression (a) agricultural land means land which, in the opinion of the Board, is adaptable for agricultural purposes and the value whereof for any other purpose is not greater than its value for agricultural purposes; (b) block means a parcel or parcels of land owned within a settlement area by any person, and whether or not the parcels are contiguous the one to the other, but including only the parcels any part of any one whereof is situated within three miles from any part of another of them; (c) Board means the Director of Soldier Settlement; (cc) Commissioner of the Board means the Director of Soldier Settlement; (d) Court means the Federal Court of Canada; (e) district superintendent means a person appointed as such by the Board; Current to June 20, 2022 Soldier Settlement Interpretation Section 2 (f) Dominion lands means any lands owned or held by the Dominion of Canada, excepting Indian or School Lands; (g) former Act means The Soldier Settlement Act, 1917; (h) gazetted means published in the Canada Gazette; (i) land or lands includes granted or ungranted, Dominion, provincial or private lands, and real or immovable property, messuages, lands, tenements and hereditaments of any tenure, and real rights, easements and servitudes, streams, watercourses, waters, roads and ways, and all rights or interests in, or over, or arising out of, and all charges upon, land or lands as herein defined; (j) military and military forces include “naval” and “naval forces”; (k) Minister means the Minister of Veterans Affairs; (l) owner includes a person holding private land in fee simple, and a person who, being trustee, executor, administrator, life tenant, mortgagee or otherwise, has the legal power to will or convey, whether with or without the consent or approval of a court or of any person having any estate or interest, such land to be held in fee simple or by a person as the owner thereof; (m) permanent improvements and improvements includes buildings; (n) private land means any land which has been alienated by the Crown; (o) property includes land, as herein defined, and goods, chattels real and personal, and personal or movable property, and all rights or interests in, or over, or arising out of, and all charges upon, property as herein defined; (p) Registrar of Deeds or Registrar includes the registrar of land titles, or other officer, with whom, according to the law of a province, title to land is registered; (q) Registry of Deeds or other words descriptive of the office of a registrar of deeds, includes the land titles office, or other office in which, according to the law of a province, title to land is registered; (r) settlement area means an area of land in any part of Canada, so designated, and defined as this Act requires by the Board, within which the Board Current to June 20, 2022 Soldier Settlement Interpretation Section 2 exercises or proposes to exercise, its power of compulsorily purchasing lands; (s) settler to mean male member only of certain military forces means a person who at any time during the war has been therein engaged on active service in a military force (i) of Canada and has served out of Canada; or wherever he may have served, is, by reason of disability incurred or aggravated as the result of such service, in receipt of a pension, or (ii) of His Majesty or of any of His Majesty’s Allies and, being ordinarily resident in Canada when he enlisted in or otherwise became a member of such force, has served thereafter out of Canada, in a theatre of actual war, or (iii) of His Majesty or of any British Dominion or Colony and has served out of the country wherein he enlisted or otherwise became a member of such force in a theatre of actual war; and has been otherwise than dishonourably discharged from such force, or has been permitted honourably to resign or retire therefrom, or, without fault on his part, has been dispensed from further service therein; and the widow of any person who died on active service and who, but for his death, might be a settler as now defined, shall be capable of being a settler in her deceased husband’s right: Provided that, notwithstanding anything in this Act, settlers of the class numbered (iii) in this definition may be required by the Board to provide a larger cash down payment in case of purchase of property from the Board or to provide greater or other security in case of an advance or loan received from the Board, than is by this Act authorized or required with respect to settlers generally; Provided further that the word “settler” as applicable to the class of persons numbered (iii) in this definition shall be deemed to include male settlers only; (settler to mean male member only of certain military forces) (t) soldier grant means a free entry on Dominion lands, granted by the Minister to a settler recommended by the Board; (u) special settler means a settler as defined in this section, who, in the opinion of the Board, has had adequate and successful farming experience in Canada, and who is possessed of qualifications or equipment which, in the opinion of the Board, specially fit him for success as a farmer; Current to June 20, 2022 Soldier Settlement Interpretation Sections 2-3 (v) standard date means the first day of October in Manitoba and the provinces west thereof, and the first day of November in the provinces east of Manitoba; (w) this Act and Act and former Act includes regulations lawfully made thereunder; (x) the war means the war declared by His Majesty on the fourth day of August, one thousand nine hundred and fourteen, against the Empire of Germany and, subsequently, against other powers. R.S., 1927, c. 188, s. 2; 1931, c. 53, ss. 1, 2; 1944-45, c. 19, s. 8; R.S., 1970, c. 10(2nd Supp.), s. 64. PART I Constitutions of the Board The Director of Soldier Settlement 3 (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, the Director of Soldier Settlement. Powers of Director Transportation (2) The Director of Soldier Settlement shall have and exercise all the powers and authority heretofore vested in the Soldier Settlement Board, and shall have and be accorded the same rights or privileges as to transportation free or at reduced rates upon railways as are from time to time enjoyed by a deputy head of a department. Current to June 20, 2022 Soldier Settlement PART I Constitutions of the Board Sections 3-4 Salary (3) There shall be paid monthly to the Director of Soldier Settlement such salary and at such rate per annum as the Governor in Council shall fix and allow. Reference to the Board deemed a reference to the Director (4) In this Act and in any regulations made under it, unless the context otherwise requires, any reference to the Board or to any Commissioner of the Board shall be deemed to be a reference to the Director of Soldier Settlement. (5) [Repealed, 2000, c. 34, s. 47] R.S., 1927, c. 188, s. 3; 1931, c. 53, s. 3; 2000, c. 34, s. 47. Corporate Powers of the Board Director to be a corporation sole and agent of Crown in right of Canada 4 (1) For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property which he is by this Act authorized to acquire, hold, convey, transfer, agree to convey or agree to transfer, but for such purposes only the Director of Soldier Settlement shall be a corporation sole and as such the agent of the Crown in the right of the Dominion of Canada, except as hereinafter provided. Property to vest in the Director Director not subject to enactment respecting corporations (2) All property acquired for any of the purposes of this Act shall vest in the Director of Soldier Settlement as such corporation sole; but these provisions shall not in anywise restrict, impair or affect the powers conferred upon the Director of Soldier Settlement generally by this Act nor subject him to the provisions of any enactment of the Dominion or of any province respecting corporations. Seal of Director (3) The Director of Soldier Settlement in his corporate capacity shall have an impress seal inscribed with the words “The Director of Soldier Settlement of Canada” and showing the coat of arms of Canada. Execution of documents Evidence (4) All documents which require execution by the Director of Soldier Settlement in his corporate capacity shall be deemed validly executed if the said seal is affixed and the name of the Director of Soldier Settlement is signed Current to June 20, 2022 Soldier Settlement PART I Corporate Powers of the Board Sections 4-5 thereto, the whole in the presence of one other person who has subscribed his name as witness; and every document which purports to have been impressed with the seal of the Soldier Settlement Board and sealed and signed in the presence of a witness by a commissioner on behalf of the said Board or which purports to be impressed with the seal of the Director of Soldier Settlement and to be sealed and signed in the presence of a witness by the Director of Soldier Settlement shall be admissible in evidence in all courts in Canada without proof of any such seal or of such sealing or signing. Land deemed to be held by Director as corporation sole (5) Any land vested in the Director of Soldier Settlement in respect of which an assessment has been duly made by a taxing authority at any time since the first day of January, 1933, is hereby declared for the purpose of recourse to the land itself for realization for taxes based upon such assessment and for such purpose only to be and from the said first day of January, 1933, to have been held by the said Director of Soldier Settlement as such corporation sole and not as an agent of the Crown in the right of the Dominion of Canada. R.S., 1927, c. 188, s. 4; 1931, c. 53, s. 4; 1934, c. 41, ss. 1, 2. Officers, clerks and employees 5 The Board may, from time to time, subject to the provisions of the Civil Service Act, attach to its service such officers, instructors, clerks, stenographers and other employees as the execution of the purposes of this Act may require, and at such salaries as the Governor in Council may approve. Tenure of office 2. All such appointees shall hold office during the pleasure of the Board and shall perform such duties and functions as the Board shall prescribe. Certain officers deemed to be permanent employees R.S., c. 22. (3) Any officer, instructor, clerk, stenographer or other employee attached on the first day of July, 1935, to the service of the Director of Soldier Settlement whose position is in a report in writing of the Director of Soldier Settlement certified to be of indeterminate duration and who upon the recommendation of the Treasury Board is designated by the Governor in Council shall, notwithstanding anything contained in the Civil Service Act, be deemed to be a permanent employee and shall upon such designation become subject in all respects to the Civil Service Act. R.S., 1927, c. 188, s. 5; 1935, c. 66, s. 1. Current to June 20, 2022 Soldier Settlement PART I Reservation and Acquirement of Lands and Other Property Sections 6-9 Reservation and Acquirement of Lands and Other Property Minister may reserve and transfer lands to Board 6 The Minister may, at the request of the Board, for the execution of any of the purposes of this Act, reserve, or, with the approval of the Governor in Council, transfer, to the Board, any Dominion lands which are under the Minister’s administration. Lapse of reservation 2. Any reservation of lands made pursuant to this section shall lapse and become determined whenever the Minister shall, before transfer made to the Board, so direct. 1919, c. 71, s. 6. Board may acquire lands and other property by agreement 7 The Board may, for the execution of any of the purposes of this Act, (a) purchase by agreement, at prices which to it shall seem reasonable; or (b) in any other manner acquire by consent or agreement, from all persons, firms and corporations; such agricultural land, situate in any part of Canada, and such live stock, farm equipment and building materials as it may deem necessary. 1919, c. 71, s. 7. Compulsory purchase 8 The Board may, for the execution of any of the purposes of this Act, acquire by way of compulsory purchase, in the manner provided by Part III of this Act, from all persons, firms, and corporations, such agricultural land as it may deem necessary. 1919, c. 71, s. 8. Arrangements with provincial governments to acquire agricultural lands 9 The Board may, with the approval of the Governor in Council, arrange with the Government of any province (a) for the acquiring or utilizing for any of the purposes of this Act of any Crown or other agricultural lands of such province; and (b) the terms and conditions upon which the Board will acquire, hold and dispose of or will utilize such Current to June 20, 2022 Soldier Settlement PART I Reservation and Acquirement of Lands and Other Property Sections 9-12 lands, or upon which it will assist settlers to whom such province itself shall grant or convey any of such lands, such terms and conditions to be, as nearly as possible, the same as those which are by or under this Act provided with respect to settlers to whom the Board shall sell lands acquired by it. 1919, c. 71, s. 9. Indian lands 10 The Board may acquire from His Majesty by purchase, upon terms not inconsistent with those of the release or surrender, any Indian lands which, under the Indian Act, have been validly released or surrendered. 1919, c. 71, s. 10. School lands Notwithstanding anything in the Dominion Lands Act having reference to school lands, the Governor in Council may, for such price as two arbitrators, one thereof appointed by the Minister and the other by the Government of the province concerned, shall in writing certify to the Minister as fair and reasonable, grant or convey to the Board any school lands held pursuant to the provisions of that Act. 11 Application of amount paid 2. The amount payable by the Board for the acquirement of such lands shall be applied as if received as the proceeds of a sale of the same lands made pursuant to the provisions of the Dominion Lands Act. 1919, c. 71, s. 11. Valuation of land purchased not to be enhanced because value increased by settlement 12 The valuation of any land purchased or proposed to be purchased by the Board, whether by agreement or compulsorily, shall not be enhanced merely because its value has, by reason or in consequence of settlement or settlement operations in the vicinity thereof in execution of any of the purposes of this Act, become enhanced; and, in the absence of satisfactory proof to a contrary effect, any enhancement in the value of the land which has ensued subsequent to such settlement or settlement operations shall be deemed to have ensued by reason or in consequence of such settlement or settlement operations, and the value of the land at the time of its purchase by the Board shall be deemed not greater than its value prior to such settlement or settlement operations. 1919, c. 71, s. 12. Current to June 20, 2022 Soldier Settlement PART I Reservation and Acquirement of Lands and Other Property Sections 12-13 Tenants, guardians executors, trustees, etc., may sell to Board Any tenant in tail or for life, grevé de substitution, seigneur, guardian, tutor, curator, committee, executor, administrator, trustee, master or person, not only for and on behalf of himself, his heirs, successors, and assigns, but also for and on behalf of those whom he represents, whether infants, issue unborn, lunatics, idiots, married women, or other persons, seized, possessed, or interested in any land or other property, may contract and agree with the Board for the sale of the whole or any part thereof, and may convey the same to the Board; and may also contract and agree with the Board as to the amount of compensation to be paid for any such land or property and give acquittance therefor. 13 Persons under disability 2. In any case in which there is no guardian or other person to represent any person under any disability, the Court may, on the application of the Board after due notice to the persons interested, appoint a guardian or person to represent for the purposes hereof such person so under such disability, with authority to give such acquittance. Application of compensation money 3. The Court in making any order in this section mentioned shall give such directions as to the disposal, application or investment of such compensation money as it deems necessary to secure the interest of all persons interested therein. Validity of contracts hereunder 4. Any contract or agreement made hereunder, or any conveyance or other instrument made or given in pursuance of such contract or agreement shall be good and valid to all intents and purposes whatsoever. Binding for six months on owner 5. Every such contract or agreement shall be binding on the owner and on all who may take or claim through or under him, for six months from the date of the contract or agreement, although such land has in the meantime devolved upon or been conveyed or assigned to a third person. Current to June 20, 2022 Soldier Settlement PART I Reservation and Acquirement of Lands and Other Property Sections 13-15 Registration unnecessary to preserve right of Board 6. No surrender, conveyance, mortgage, charge, agreement or award under this Act shall require registration or enrolment to preserve the right of the Board under it, but the same may be registered in the Registry of Deeds for the place where the land lies, if the Board deems it advisable. Application of section 7. This section shall apply to all Parts of this Act. 1919, c. 71, s. 13. Agricultural Training Training and instruction in agriculture and economics, and allowances to settlers for same 14 The Board may, with the approval of the Governor in Council, make provision for (a) the placing of settlers with farmers for instruction in farming; (b) the establishment of agricultural training stations for settlers; (c) the supply of instructors and inspectors to visit and assist settlers with information and instruction in farming; (d) the training in home economics of the wives and female dependents of settlers; and (e) the payment of subsistence allowances to settlers, for themselves and their dependents, while such settlers are in receipt of such instruction or training. 1919, c. 71, s. 14. Soldier Grants Free soldier grants 15 The Minister may issue, free, to any settler a soldier grant for not more than one quarter section, of one hundred and sixty acres, more or less, of lands reserved pursuant to section six of this Act. Current to June 20, 2022 Soldier Settlement PART I Soldier Grants Sections 15-16 To whom grants not to be accorded 2. Unless the Board shall, for special reasons, otherwise recommend, no such free grant shall be made to any settler who (a) has, pursuant to the provisions of this Act, purchased from the Board any land, or (b) has, pursuant to the provisions of this or of the former Act, secured from the Board any advance of money for the clearing of encumbrances on, or the purchase of, or the improvement of, any land, or (c) is owner of or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars. Conditions provided by Governor in Council 3. The Governor in Council may provide, as respects such free grants, such conditions of improvement and occupation as he deems necessary to secure the use of the land for the purposes for which it is granted. 1919, c. 71, s. 15. PART II Sales and Advances to Settlers Sales of Land Conditions of sale and conveyance of lands by Board to settlers 16 The Board may sell, or dispose of, and, upon full payment made, may convey, to settlers, any lands granted, conveyed or transferred to or acquired by it, or which it may have power to sell or dispose of, but subject in every case of sale of lands acquired by purchase, whether by agreement or compulsorily, to the following provisions: — (a) where the parcel to be sold has been separately acquired the sale price shall be the cost of the parcel to the Board; (b) where the parcel to be sold has been acquired as portion of one or more other parcels the sale price shall be such amount as, in the opinion of the Board, bears the same proportion of the cost of the entire Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Sales of Land Sections 16-18 parcel or parcels so acquired as the value of the parcel to be sold bears to the value of the parcel or parcels so acquired; (c) the terms of payment shall be all cash down, or, at the option of the settler, not less than ten per centum cash down and the balance payable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment: provided that the Board may, in the case of a special settler, dispense the settler from the making of the whole or any part of the cash down payment, in which case the full or the remaining portion of the sale price shall be paid, in manner hereinbefore provided with respect to a balance of such price, by instalments; (d) no sale shall be made of a larger area than three hundred and twenty acres, unless, in the opinion of the Board, owing to the character of the land, such acreage will not be adequate to enable successful farming operations, nor, except in the case of a settler who is within the terms of the proviso in the next preceding paragraph of this section, shall the balance of sale price left unpaid to the Board at the time of sale exceed four thousand five hundred dollars, nor in the excepted case shall the balance or amount left unpaid exceed five thousand dollars. 1919, c. 71, s. 16. Calculation of price by Board 17 The Board shall calculate in each case of sale the price at which any land may be sold under the provisions of this Act. Improvements to be considered 2. In calculating the cost to the Board of any land, the Board shall take into consideration not only the cost of the land but also the cost of improvements, if any, effected or to be effected by the Board. 1919, c. 71, s. 17; 1920, c. 19, s. 3. Sales of Stock and Equipment Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler The Board may sell to settlers any live stock or equipment acquired under authority of this Act, but subject in every case of sale to the following provisions: — 18 Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Sales of Stock and Equipment Section 18 (a) the sale price shall be such sum as, according to the calculations of the Board, is the cost to it of the live stock or equipment to be sold; (b) the terms of payment shall be all cash down, or, at the option of the settler, payment in four equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale; the amount owing to the Board upon such sale shall by force of this Act constitute a first charge on any land purchased by the settler from the Board and, as well, on the settler’s own land, if any, and, cumulatively, the title, ownership and right of possession of the live stock, and of the increase thereof, and of the equipment so sold, shall, until the sale price thereof is paid, remain in the Board; the settler to have full privilege of prepayment; (c) the balance of sale price left unpaid to the Board at the time of sale shall not exceed two thousand dollars. Limitation as to balance of sale price left unpaid to Board 2. In addition to any assistance which a settler, as defined in the former Act, holding any entry on Dominion lands, may have secured or may secure by virtue of the provisions of that Act, the Board may sell to such settler live stock and equipment on the terms of payment set out in this section, save that the balance of sale price left unpaid to the Board shall not exceed one thousand dollars, all other provisions of this Act relating to sales of live stock and equipment made to settlers being deemed to refer and apply mutatis mutandis to any such sale of live stock and equipment, whether such sale is or was made under authority of this subsection or by virtue of the provisions of any Order in Council passed before the seventh day of July, one thousand nine hundred and nineteen, but so that the total made by (a) the advances of the Board to the settler in any connection under authority of this Act; and (b) the amounts, exclusive of interest, due by him to the Board as the result of any sale made under authority of this subsection, shall not exceed three thousand dollars. 1919, c. 71, s. 18. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Advances for Improvements Sections 19-21 Advances for Improvements Advances by Board to settler for improvements not to exceed $1,000 The Board may from time to time advance to any settler to provide, or for application to, permanent improvements on the land of the settler or on the land sold to him by the Board, amounts in money or its equivalent not exceeding in the aggregate one thousand dollars, inclusive of the cost price to the Board of building or other materials supplied by it. 19 Advances to constitute first charge 2. Such advances shall by force of this Act constitute a first charge on the land of the settler or on the land sold to him by the Board and shall be repayable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of repayment. Supervision of Board 3. Every such advance shall be expended under the supervision of the Board. 1919, c. 71, s. 19. Terms of Disposition of Property Dominion, Indian and school lands to be dealt with as if they were private lands 20 Subject to the provisions of section fifteen of this Act as to soldier grants of Dominion lands, the Board shall deal with and dispose of all Dominion lands, Indian lands or school lands granted or otherwise conveyed or transferred to it pursuant to sections six, ten and eleven of this Act as nearly as may be as if such lands were private lands acquired by it by way of purchase, but the sale price of such lands shall be such as is approved by the Governor in Council. 1919, c. 71, s. 20. No sale of land by Board at less than purchase price No land which has been acquired or reacquired by the Board, whether by purchase, or by retaking because of default or otherwise, shall be sold or resold by the Board at a price less than the cost to it thereof, calculated as in section seventeen of this Act provided, unless with the approval of the Governor in Council. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Terms of Disposition of Property Sections 21-22 Board to report to Minister if conditions of sale not satisfactory 2. If the Board determines that the whole or any part of any land or other property purchased by it cannot or ought not to be sold subject, whether as to sale price or otherwise, to the provisions of sections sixteen to eighteen inclusive of this Act, it shall report to the Minister the circumstances, with a statement of the cost to it of such property or of such part thereof and shall recommend another sale price, or other terms of sale, as the case may be, whereafter any sale of such property or of such part thereof shall be made for such sale price, or upon such other terms, as the Governor in Council may direct. 1919, c. 71, s. 21. Transfer of lands to province or municipality 21A The Governor in Council may transfer to the province, or the Director of Soldier Settlement with the approval of the Governor in Council may transfer to the municipality in which such land is situate, the interest of the Director of Soldier Settlement in any land which for a period of two years immediately preceding such transfer has not been the subject of a contract of sale. 1932, c. 53, s. 1. Resale upon Default Terms of sale set forth in agreement binding 22 All sales of property made pursuant to the provisions of this Act and whereon any balance of the sale price shall remain payable by instalments or otherwise, shall be evidenced by agreement of sale, which shall fully set forth the terms of sale. Board may rescind agreement on default of settler 2. If any instalment mentioned in any such agreement of sale is not punctually made or if the settler makes any other default in performance of the terms of such agreement, the Board may without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement and resell or otherwise deal with the property as authorized by this Act. Rescission vests property in Board 3. The effect of such rescission shall be to vest such property in the Board absolutely free and discharged of all rights and claims of the settler, and of all persons claiming or entitled to claim through or under him, for Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Resale upon Default Section 22 any estate in, or lien, charge or encumbrance upon or against such property. Surplus of resale paid to settler; deficiency paid by settler 4. If and when such property is resold by the Board, any surplus remains in its hands beyond the amount owing to it as balance of the sale price and interest at five per centum per annum and expenses of taking over and reselling the property, the Board shall pay such surplus to the settler; but if, instead, a deficiency arises, that deficiency shall be paid by the settler to the Board, which shall have a right of action against him therefor. Board may order payment of the surplus to credit of the Assurance Fund 5. In the case of a settler who has not, in the opinion of the Board, established an equitable claim to such surplus by having taken possession of the land affected and by effecting improvements thereon or otherwise, or who has abandoned the property without notice, the Board may pay the surplus, or, in the discretion of the Board, that part of the surplus in excess of the initial payment made by the settler, to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund. Notice by Board to settler 6. Before exercising as against land the rights by this section given, the Board shall give to the settler notice of its intention so to do, which notice shall be deemed duly given if mailed in any post office by registered letter addressed to the settler at his last address known to the Board thirty clear days before the Board acts hereunder. Agreement of sale rescinded Settler may be reinstated (7) In the case of any land the title to which may pass by virtue of subsection five of section four of this Act from the Director of Soldier Settlement by reason of any action or proceeding at the instance of a taxing authority, the agreement of sale shall forthwith upon due publication by the taxing authority of any notice of sale of the said land for arrears of taxes be rescinded as fully and with the same effect as if such agreement had been duly rescinded by the Director of Soldier Settlement, but the settler shall be reinstated in such rights with respect to the land as he had prior to the rescission of his agreement upon due payment by him to the Director of Soldier Settlement of the moneys necessary to effect redemption of the land or upon the production by him to the Director of Soldier Settlement of a certificate of redemption duly completed in respect of such land. R.S., 1927, c. 188, s. 22; 1934, c. 41, s. 3. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Resale upon Default Sections 23-25 Disposal of property by Board in case of rescission 23 In the event of the rescission of any contract or agreement by the Board it may, subject to the provisions of section twenty-one, in order to recoup itself for its expenditures in connection with the acquirement of the property with reference to which such agreement of sale was made, and other advances, if any, made to the settler under the provisions of this Act or of the former Act or to regain the value of such property, sell, lease, exchange or otherwise dispose of such property to a settler or, with the approval of the Minister, to any other person. 1919, c. 71, s. 23. Leasing of Lands Terms of lease to settler 24 Any land purchased or held for disposition by the Board may, pending such disposition, be leased by the Board to a settler or otherwise upon terms satisfactory to the Minister. 1919, c. 71, s. 24. Advances for the Discharge of Encumbrances Limitation as to advances to settler to discharge encumbrances The Board may from time to time advance to a settler, to enable the discharge of encumbrances on agricultural land which is owned and used by him as such, amounts in money not exceeding in the aggregate three thousand five hundred dollars and not exceeding fifty per centum of the value of such land, but so that the total made by 25 (a) the advances of the Board to the settler under this section; and (b) the amounts, exclusive of interest, due by him to the Board in any connection under authority of this Act, shall not exceed five thousand dollars. Advances to be first charge secured by first mortgage, terms of repayment, interest, etc. 2. Such advances shall, by force of this Act, constitute a first charge on the land of the settler with respect to which the advance is made, and repayment thereof shall be secured by a first mortgage upon such land and shall be made in twenty-five or less equal, consecutive, annual Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Advances for the Discharge of Encumbrances Sections 25-26 instalments with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment. Dominion lands 3. In the case of advances made to a settler holding unpatented Dominion lands such advances shall, further, notwithstanding anything in the Dominion Lands Act or any other matter or circumstance, constitute a first charge against such lands, and no patent shall be issued to the settler therefor until such advances, with accrued interest, have been fully repaid. No advance without sufficient security and assurance that settler can make living on land 4. No advance such as by subsection one of this section authorized shall be made unless the Board is satisfied (a) that the value of the security, ascertained as in section twelve of this Act directed with respect to lands to be acquired by the Board, is sufficient to justify the making of the advance; and (b) that the applicant has the ability to make from the land a fair living for himself and his dependents, if any, after paying interest and amortization charges and other necessary payments with respect to such advances and to the land and the cultivation thereof. How advances expended 5. Every such advance shall be expended under the supervision of the Board. 1919, c. 71, s. 25. Charges on Dominion Lands No patent to issue until amount owing to Board is repaid 26 When a settler obtains or has obtained Dominion lands, whether by soldier grant or otherwise, such lands shall be subject to a first charge in favour of the Board for any sum owing to the Board in respect of any sale or advance thereafter approved for and made to him by the Board pursuant to this Act, and no patent shall be issued to such settler for such lands until the amount of such sum so owing with accrued interest has been fully repaid. R.S., 1927, c. 188, s. 26; 1928, c. 48, s. 1. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Charges on Dominion Lands Section 27 Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund Notwithstanding anything in the Dominion Lands Act or in any other Act, in the event of a settler who is holding any Dominion land on which a charge has been imposed, constituted or created by or under this or the former Act, hereinafter referred to as “charged land” being in default with respect to the terms or conditions of any agreement of sale, mortgage or other document executed or made with or to the Board, the Minister, upon request made by the Board, may declare the right, title and interest of the settler to or in such charged land to be forfeited, whereupon, and also in the event of the right, title or interest of the settler to or in such charged land becoming forfeited for default in performance of settlement conditions or for any other reason apart from the provisions of this section, the Minister may declare the said right, title or interest of such settler, and also the right, title or interest of His Majesty to or in such charged land, to be vested in the Board, and it may thereafter, subject to the provisions of section twenty-one of this Act, in order to recoup itself for the amount owing by such settler and charged upon such land, sell, lease, exchange or otherwise dispose of such land to a settler, or, with the approval of the Minister, to any other person; but if any surplus is realized beyond the amount required to recoup the Board as aforesaid, such surplus, except as otherwise provided, may be paid by the Board to the settler if he has completed the settlement conditions required for obtaining patent in accordance with the terms of his entry, or to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund if such compliance by the settler with the conditions of his entry has not been established to the satisfaction of the Board. 27 Improvements made by the settler 2. If a settler who has not complied with the conditions of his entry has effected valuable improvements on the land with his own capital or means to which he has an equitable claim for compensation the Board may, out of the surplus, if any, pay to the settler an amount which the Board has determined that such improvements added to the price realized by the sale of the land. 1919, c. 71, s. 27; 1922, c. 46, s. 5. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers Limitations upon Sales and Advances Sections 28-29 Limitations upon Sales and Advances No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm 28 Notwithstanding anything in this Act, the Board shall not, unless the Minister upon the recommendation of the Board shall approve, sell any lands to any settler who (a) has obtained a soldier grant under this or the former Act; (b) has secured from the Board, under this or the former Act, any advance of money for the clearing of encumbrances on land owned by the settler; or (c) is owner of, or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars. 1919, c. 71, s. 28. Sales for Special Purposes Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler 29 Notwithstanding anything in this Act, the Board, with the consent of the Governor in Council, may sell any land which is at its disposal for sale, in the cases and subject to the conditions following, that is to say: — (a) as a site for a dairy factory, cheese factory, fruit preserving factory or creamery, or for any educational, religious, charitable or public purpose, or for any other purpose which, in the opinion of the Board, renders such a sale in the public interest; (b) to any provincial or municipal authority for any purpose; (c) the price shall in each case be fixed by the Governor in Council and shall be not less than the cost of the land as it would be estimated by the Board on a sale to a settler of lands acquired by purchase under this Act. R.S., 1927, c. 188, s. 29; 1932, c. 53, s. 2. Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers General Provisions Sections 30-33 General Provisions All agreements between Board and settler under twenty-one years are valid All deeds of land, all mortgages and charges upon land or goods and all contracts and agreements whatever, including bills of exchange and promissory notes, made or entered into by any settler to or with, or for the benefit or security of, the Board, purporting to act with respect thereto or to accept any thereof in execution of any of its powers under this Act or under the former Act, shall be valid and enforceable notwithstanding that such settler is not of the full age of twenty-one years, or is an Indian or is under any civil disability. 30 Commencement of section 2. This section shall be deemed to have been operative as from the passing of the former Act. * [Note: The Soldier Settlement Act, 1917 assented to August 29, 1917.] * 1919, c. 71, s. 30. Settler occupant deemed tenant 31 Every settler holding or occupying land sold by the Board shall, until the Board grants or conveys the land to him, be deemed a tenant at will. 1919, c. 71, s. 31. Additional security for advances may be required 32 Every settler obtaining advances from the Board for any of the purposes of this Act may be required, if the Board considers the security otherwise insufficient, to furnish security on any property owned or held by him. Documents to be in prescribed form, and to have statutory effect 2. All agreements of sale or otherwise, all instruments evidencing liens or charges, and all other documents authorized or required by this Act, shall be made in such form and according to such forms, and shall contain such provisions as the Board shall provide, and every such document shall have effect as if the form thereof were statutory, and were provided by and as part of this Act. 1920, c. 19, s. 4. Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws 33 Notwithstanding any law, whether statute or otherwise, in force in any province, Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers General Provisions Sections 33-34 (a) which authorizes or requires the registration, recording or filing of deeds, mortgages, certificates of judgments, attachments, bills of sale or other documents which affect title to, or evidence the existence of liens or charges upon, real, personal or other property; or (b) which authorizes the levy upon, or sale under attachment, execution or other process, or the expropriation or seizure of real, personal or other property; unless the Board shall otherwise consent in writing the lands of, or sold by the Board to, a settler, and the live stock and equipment of, or sold by the Board to, a settler, and the increase of any such live stock, and the Board’s and the settler’s respective interests in such lands, live stock and equipment, shall, for so long as any part of the sale price, or the amount of any advance made with respect to any such property, or any interest, or any amount charged upon such property or any thereof in favour of the Board, remains unpaid to the Board, be exempt from and not within the operation of such laws. 1919, c. 71, s. 33. While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated Notwithstanding any law, whether statute or otherwise, in force in any province, (a) while any sum shall remain unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act by the Board to or on behalf of a settler, and secured by or charged whether under this Act or otherwise, upon real, personal or other properties of the settler, or upon the settler’s interest in any of such properties, all of the properties so charged shall continue to be security for repayment of such sum or sums as shall at any time remain unpaid upon any of such advances or payments and, unless with the consent in writing of the Board, the interest of the settler in any of such properties shall not be capable of being voluntarily or involuntarily alienated, or subsequently charged or encumbered nor be subject to the operation of any law or agreement whatever to the prejudice of the claims or charges of the Board; No judgment, etc., against settler binding on land, stock, etc., while price, advance or interest unpaid to Board (b) no deed, mortgage or other instrument executed by or for a settler, and no judgment recovered or attachment, execution or other process issued against Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers General Provisions Section 34 him shall, as against the Board, bind or affect the lands or the live stock and equipment, sold by the Board to such settler or his land upon the security of which the Board has made any advance of money, or the increase of any of such live stock sold as aforesaid, for so long as the sale price of said lands, live stock or equipment, or said advance, or any part of said price or advance, or any interest thereon, remains unpaid to the Board; No priority of claim for wife or husband of settler, notwithstanding dower or other laws of any province, when price, etc., due to Board unpaid (c) the wife of any settler shall not, for so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Board, remains unpaid upon any lands which were sold by the Board to a settler, or upon the security of which the Board has made any advance of money, have in priority or in prejudice of any claim or charge of the Board against or upon such lands any estate of dower therein nor, during the same period, shall the husband of any settler have, in priority or prejudice as aforesaid, any estate of courtesy in such lands, nor shall the Mechanics’ Lien laws or other lien laws or the dower or homestead laws of any province extend or apply in priority or prejudice as aforesaid to said lands; No sale or other transaction by settler, while price unpaid, effective against Board (d) no sale, gift, delivery, barter, exchange, pledge, charge, lien or other transaction by or for the settler to or with any person, corporation or body other than the Board, and purporting to affect or bind any of such lands, live stock or equipment or any part thereof, sold by the Board to a settler, or the increase of any live stock so sold, shall, while the sale price of such lands, live stock and equipment, or of any part thereof, or any interest on such price thereof, remains unpaid, have, as against the Board, unless with the consent of the Board, any effect whatever; Crops, live stock, etc., seized shall stand charged with lien in favour of Board (e) if the produce or crop of any lands which were sold by the Board to a settler or of any lands upon the security of which the Board has made any advance of money is seized or taken in execution or under any other process, whether the settler shall or shall not have fully paid for said lands, and whether said produce or crop is seized or taken standing, or cut, or in barn, or otherwise, such produce or crop shall stand charged with a lien in favour of the Board for payment of all instalments due or overdue by the settler to the Board at the time of seizure or taking, in respect of the settler’s land, live stock, equipment and permanent Current to June 20, 2022 Soldier Settlement PART II Sales and Advances to Settlers General Provisions Sections 34-35 improvements, and, as well, all such instalments in respect as aforesaid as will mature within twelve calendar months thereafter. Transactions and laws affecting settler subject to this Act 2. All lawful transactions by or with and all lawful proceedings against the settler, and all provincial laws affecting him or his property or his property interests, shall, as respects any property, real, personal or other, sold to him by the Board, or charged with any claims of the Board, have effect except as by this Act provided. Priority of Board’s liens over all other liens 3. Unless the Board shall otherwise consent all liens and charges of the Board shall, while and for so long as they or any part thereof shall remain unpaid to the Board, rank upon the property of the settler, or against his interest in any property subject to lien or charged, in priority to all other liens and charges, and the liens and charges of the Board shall rank pari passu. Board may require mortgage defining charge on land, etc. 4. The Board may require of any settler the execution of a mortgage, in such form as its regulations may prescribe, defining and securing any charge which is by this or by the former Act imposed or declared to exist or is agreed upon by the Board and the settler. 1919, c. 71, s. 34. PART III Compulsory Purchase of Lands Settlement Areas Settlement areas defined by Board 35 For the purpose of enabling compulsory purchase of agricultural lands in execution of the purposes of this Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Settlement Areas Sections 35-36 Act, the Board may establish and define the limits of settlement areas. Only in certain districts 2. Settlement areas shall be established only in districts wherein by reason of lands remaining undeveloped agricultural production is being retarded. Establishment of area by Board conclusive proof 3. The Board shall be sole judge as to whether or not in any district, by reason of lands remaining undeveloped, agricultural production is being retarded, and the fact of the establishment of a settlement area in manner by this Part provided shall be conclusive proof in any court or otherwise that any lands within such area which the Board, pursuant to the following provisions of this Part, may proceed to purchase compulsorily are compulsorily purchaseable hereunder, and that such settlement area answers the requirements of the next preceding subsection. 1919, c. 71, s. 35. Gazetting notice proof of establishment 36 A settlement area shall be deemed to be established when the Board has gazetted a notice of such establishment four times with intervals of not less than five days between each gazetting. Form of notice 2. Such notice shall define the limits of the settlement area so established and shall be sufficient if in form as nearly as may be to form A in the schedule to this Act. Publication in newspapers 3. The Board shall, in addition to such gazetting, publish like notice to that gazetted four times, with intervals of not less than five days between each publication, in one newspaper having a circulation throughout the district wherein such settlement area is wholly or partly contained and mail two copies of the Gazette in which such notice first appears to the Registrar of Deeds in said district. Registrar to file Gazette 4. Such Registrar shall preserve such Gazette on file in his office. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Settlement Areas Sections 36-38 Omission not invalidation 5. The omission on the part of the Board to comply with subsection three of this section, or the omission of the Registrar to comply with subsection four of this section, shall not invalidate nor render insufficient any proceedings on the part of the Board for compulsory purchase. 1919, c. 71, s. 36. Notice of alteration or disestablishment of area to be gazetted 37 The Board may, from time to time, curtail, extend or in any other way alter the limits of, or entirely disestablish a settlement area, which shall be deemed to have been done when it has gazetted notice of the alteration or disestablishment in like manner to the gazetting of notice of the original establishment of the area, save that in the case of disestablishment only one gazetting shall be made. Form 2. The notice shall be sufficient if in form as nearly as may be to form B in the schedule to this Act. Notice to be sent to Registrar 3. The Board shall publish and mail and the Registrar of Deeds shall preserve on file in manner like to that in section thirty-six provided with respect to the original establishment of the settlement area, save that in the case of disestablishment only one publication shall be made, but non-compliance shall have like absence of effect. 1919, c. 71, s. 37. Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land 38 Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act. 1919, c. 71, s. 38. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Settlement Areas Sections 38-40 Duties of Owners of Lands Within a Settlement Area Owner to file return with District Superintendent, within 30 days as per form C 39 Within thirty days after the last gazetting of the establishment of a settlement area, each owner of a block, the whole or any part whereof is situate within the settlement area, shall file with the District Superintendent of the Board having jurisdiction over the district within which such settlement area is situate a return in form C in the schedule to this Act naming the prices at which he is willing to sell the block and each parcel thereof to the Board and shall give such other information with respect to such block as the Board may from time to time prescribe or require. Board to mail notice to owner stating amount of compensation 2. At any time after the expiration of such thirty days period the Board may, by notice to the owner of any land within the settlement area which is deemed by the Board subject to compulsory purchase under this Act, mailed to his last known address, require such owner to convey to the Board the land with respect to which notice has been so mailed and thereby advise him of the amount of compensation that the Board is willing to pay for such land. 1919, c. 71, s. 39. Statement of all liens, etc., on land to be furnished to Board by person interested 40 Every person who has any estate or interest in any land proposed to be purchased compulsorily for any of the purposes of this Act, or who represents or is the husband of any such person, shall, upon demand made therefor by or on behalf of the Board, furnish to the Board a true statement showing the particulars of such estate and interest and of every charge, lien and encumbrance to which the same is subject, and of the claim made by such person in respect of such estate and interest. 1919, c. 71, s. 40. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Procedure for Compulsory Purchase Section 41 Procedure for Compulsory Purchase When Board may purchase land compulsorily If the Board decides to acquire any land within a settlement area and, (a) the owner refuses to sell; (b) it appears to the Board that no agreement for sale can be arranged; (c) no proper deed or conveyance is made and executed by the person having the power to make such deed or conveyance; (d) a person interested in such land is incapable of making or executing a deed or conveyance; or (e) for any other reason the Board deems it necessary or advisable; the Board may purchase such land compulsorily, in the manner hereinafter provided. On gazetting notice in form D land is vested in Board as an estate of fee simple, and, in Quebec, of absolute ownership 2. The Board shall gazette a notice in form D, describing the land by metes and bounds or otherwise, and stating that it has been compulsorily purchased by the Board and the amount of compensation money that the Board is willing to pay, whereupon the land as described shall by such gazetting and by force of this Act become and remain vested in the Board as for an estate of fee simple in possession or, in the province of Quebec, in the Board as absolute owner, and in any event freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever, and as effectually as if it had been conveyed by deed or conveyance of all persons entitled to any interest therein, but compensation, ascertained as in this Part provided, shall be paid therefor. Gazetting a tender of compensation 3. The amount of compensation money mentioned in such notice gazetted shall be deemed to have been by such gazetting and by force of this Act, tendered to the persons entitled to any interest in said land, collectively. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Procedure for Compulsory Purchase Section 41 Gazetting proof of conditions complied with 4. The gazetting of the notice in form D shall for all purposes be conclusive proof that all necessary steps and conditions precedent thereto have been duly taken and complied with. Re-gazetting to correct error in gazetted notice 5. In case of any omission, mis-statement or erroneous description in such gazetting it shall, at the option of the Board, be deemed not to have been made, and a new and correct gazetting which shall indicate the gazetting of which it is the correction, shall be made in its stead, whereupon such new and correct gazetting shall be deemed the only gazetting made and of itself proof for all purposes of the exercise by the Board of the option in this subsection mentioned. When owner claims compensation inadequate Board may lay information before Federal Court 6. If within sixty days from the date of such gazetting the owner being in the province or in any place in North America, or within one hundred days the owner being elsewhere, no proper deed or conveyance to the Board is made and executed by the person or persons having power to make and execute such deed or conveyance, or if the owner or any person interested in the land, by notice served on the Board before the expiration of the stated period, claims that the compensation tendered by such gazetting is inadequate, the Board may cause to be exhibited in the Court an information in which shall be set forth (a) the date at which and the manner in which such land was acquired or taken; (b) the persons, who, at such date, had any estate or interest in such land and the particulars of such estate or interest and of any charge, lien, or encumbrance to which the land was subject, so far as the same can be ascertained; (c) the sums of money which the Board is ready to pay to such persons respectively, in respect of any such estate, interest, charge, lien or encumbrance; and (d) any other facts material to the consideration and determination of the questions involved in such proceedings. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Procedure for Compulsory Purchase Sections 41-42 Such information deemed institution of suit 7. Such information shall be deemed and taken to be the institution of a suit against the persons named therein, and shall conclude with a claim for such a judgment or declaration as, in the opinion of the Board, the facts warrant. Ordinary procedure of Court to be followed 8. The information shall be served in like manner as other informations and all proceedings in respect thereof or subsequent thereto shall be regulated by and shall conform as nearly as may be to the procedure in other cases instituted by information in the Court. Questions of fact or law may be raised in defence 9. Any person who is mentioned in any such information, or who afterwards is made or becomes a party thereto, may, by his answer, exception or defence, raise any question of fact or law incident to the determination of his right to such compensation money or any part thereof, or in respect of the sufficiency of such compensation money. Such proceedings bar all claims to compensation, etc. 10. Such proceedings shall, so far as the parties thereto are concerned, bar all claims to the compensation money or any part thereof, including any claim of dower, or of dower not yet open, as well as in respect of all mortgages, hypothecs or encumbrances upon the land or property; and the Court shall make such order for the distribution, payment or investment of the compensation money and for the securing of the rights of all persons interested, as to right and justice, according to the provisions of this Act and to law appertain. 1919, c. 71, s. 41. When Board may establish or declare block of land a settlement area 42 If the Board decides to acquire by compulsory purchase any block which is not within an existing settlement area, it may establish the block as a settlement area, or it may by notice gazetted in the manner provided in section forty-one of this Act, declare such block to be within an existing settlement area, of which area the notice shall define altered bounds to include the block so decided to be purchased, whereupon compulsory purchase proceedings may be conducted in every respect as if the block had been originally within an established settlement area. 1919, c. 71, s. 42. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Procedure for Compulsory Purchase Sections 42-45 Duties of registrar of deeds as to registers and registrations of transactions under this Act 43 Every registrar of deeds shall, upon receipt of any copy of the Canada Gazette containing any notice in form D gazetted under this Act affecting lands within his registration district, register, record or enter in the book or books, including index books, in which, according to the law of his province with reference to the registration or recording of grants, conveyances or transfers of land, grants, deeds or other documents of conveyance or copies thereof or notations or references thereto ought by him to be registered, recorded or entered, either the whole notice in form D so gazetted or sufficient notations or references thereto or therefrom as will show that the land described or the interest stated in such notice is owned by the Board absolutely by right acquired under this Act, and upon any resale of such land or of part thereof by the Board shall, when required, register, record or enter in such books the purchaser thereof or of part thereof in accordance with the terms of any grant or conveyance from the Board presented for registration, recording or entry. 1919, c. 71, s. 43. Claims on land become claims on compensation money 44 The compensation money agreed upon or adjudged for any land compulsorily purchased for any of the purposes of this Act shall stand in the stead of such land or property; and any claim to or encumbrance upon such land or property shall, as respects the Board, be converted into a claim to such compensation money or to a proportionate amount thereof as may be allowed and shall be void as respects any land so compulsorily purchased. 1919, c. 71, s. 44. Costs Costs at discretion of Court 45 The costs of and incidental to any compulsory purchase proceedings under this Act shall be in the discretion of the Court, which may direct that the whole or any Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Costs Sections 45-48 part of such costs may be paid by the Board or by any party to such proceedings. 1919, c. 71, s. 45. Payment of Compensation or Costs Payment of compensation or costs. 46 The Board may pay to any person any sum to which, under the judgment of the Court, in virtue of the provisions of this Act, he is entitled as compensation money or costs. 1919, c. 71, s. 46. Interest Interest at 5 p.c. on compensation money Interest at the rate of five per centum per annum may be allowed on such compensation money from the time when the land was acquired or taken to the date when judgment is given; but no person to whom has been tendered a sum equal to or greater than the amount to which the Court finds him entitled shall be allowed any interest on such compensation money from any time subsequent to the date of such tender. 47 Refusal of interest when delays attributable to person otherwise entitled to it 2. If the Court is of opinion that the delay in the final determination of any such matter is attributable in whole or in part to any person entitled to such compensation money or any part thereof, or that such person has not, upon demand made therefor, furnished to the Board within a reasonable time a true statement of the particulars of his claim required to be furnished as hereinbefore provided, the Court may, for the whole or any portion of the time for which such person would otherwise be entitled to interest, refuse to allow him interest, or it may allow the same at such rate less than five per centum per annum as to the Court appears just. 1919, c. 71, s. 47. Resistance to Peaceful Possession When warrant may issue to put Board in possession If any resistance or opposition is made by any person to the Board, or any person acting for the Board, entering upon and taking possession of any lands, a judge of the Court, or any judge of any superior court, may, on proof of the execution of the conveyance of such land to the Board, or agreement therefor, or of the gazetting of a notice in form D as aforesaid, and after such notice to Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Resistance to Peaceful Possession Sections 48-49 show cause given in such manner as the judge prescribes, issue his warrant to the sheriff of the district or township within which such lands are situated, directing him to put down such resistance or opposition, and to put the Board, or some person acting for it, in possession of the lands. Sheriff to make return to Federal Court 2. The sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, put the Board, or such person acting for it, in possession of such lands and forthwith make return to the Court of such warrant, and of the manner in which he executed the same. 1919, c. 71, s. 48. Inspection and Survey of and Entry upon Lands Entry upon lands, inspection, survey, etc. The Board may by itself, its surveyors or engineers, superintendents, agents, workmen and servants, (a) enter upon any land to whomsoever belonging, make surveys of the same sufficient for the exercise by the Board of any of its powers under this Act, and make tests of the character of such land or of its streams, waters or watercourses; and (b) after compliance with section forty-one of this Act, enter upon and take possession of any land the acquirement of which is, in its judgment, necessary for the execution of any of the purposes of this Act. Any engineer or surveyor for province may be employed 2. The Board may employ any person duly licensed or empowered to act as a surveyor for any province of Canada, or any surveyor or engineer, to make any survey, or establish any boundary and furnish the plans and descriptions of any land acquired or to be acquired by the Board for the execution of any of the purposes of this Act. Stone or iron monuments to mark boundaries 3. The boundaries of such land may be permanently established by means of proper stone or iron monuments planted by the engineer or surveyor so employed by the Board. Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Inspection and Survey of and Entry upon Lands Sections 49-50 Effect of such surveys, etc. 4. Such surveys, boundaries, plans and descriptions shall have the same effect to all intents and purposes as if the operations pertaining thereto or connected therewith had been performed, and such boundaries had been established and such monuments planted by a land surveyor duly licensed and sworn in and for the province in which the land is situate. Boundaries true if established after due notice and a procès-verbal signed by witness 5. Such boundaries shall be held to be the true and unalterable boundaries of such land, if (a) they are so established, and such monuments of iron or stone so planted, after due notice of the intention to establish and plant the same has been given in writing to the owners or proprietors of the land thereby affected; and (b) a procès-verbal or written description of such boundaries is approved and signed in the presence of two witnesses by such engineer or surveyor on behalf of the Board and by the other person concerned; or, in case of the refusal of any owner or proprietor to approve or to sign such procès-verbal or description, such refusal is recorded in such procès-verbal or description; and (c) such boundary marks or monuments are planted in the presence of at least one witness who shall sign the said procès-verbal or description. Formalities not necessary unless Board sees fit 6. It shall not be incumbent on the Board or those acting for it to have boundaries established with the formalities in this section mentioned, but the same may be resorted to whenever the Board deems it necessary. 1919, c. 71, s. 49. Directions Respecting Compulsory Purchases In case of farmers consideration of the district, character and acreage of land; all land of settler deemed occupied by him 50 In deciding upon cases meet for compulsory purchase of land under this Act the Board shall, with respect to lands owned and occupied by farmers, consider not only the district in which the land lies, the character of the land and the adequacy of its acreage to enable successful farming operations, but, as well, the extent of Current to June 20, 2022 Soldier Settlement PART III Compulsory Purchase of Lands Directions Respecting Compulsory Purchases Sections 50-52 cultivation thereof, the circumstances of the farmer and his capacity to reduce, within a reasonable time, a reasonable proportion of his cultivable land to a state of cultivation. Case of soldiers 2. For the purposes of this section all land of a settler shall be deemed to have been and to be occupied by him for the duration of his military service in the war and for twelve months after his discharge. 1919, c. 71, s. 50. PART IV Miscellaneous Provisions Conveyance from Board gives same title to land as Crown grant All conveyances from the Board shall constitute new titles to the land conveyed and shall have the same and as full effect as grants from the Crown for previously ungranted Crown lands. Property acquired by Board prior to this Act vested in Board 2. All land and other property which, before the seventh day of July, one thousand nine hundred and nineteen, was, under authority of any order in council, purchased by the Board and title thereto taken to His Majesty the King in the right of Canada represented by the Board, and all or any interest or interests of His Majesty in any agreements of sale, mortgages or other instruments and in the land or other property to which such instruments relate, which interest or interests were, before the said date, acquired by His Majesty through the instrumentality of the Board under the former Act or of any order in council, are, by force of this Act, vested in the Board as constituted under this Act. 1919, c. 71, s. 51. Board’s consent to be valid must be in writing 52 No consent of the Board which is required by any provision of this Act for the validation of any matter shall be effective unless given in writing and under the hand of one of the Commissioners of the Board. 1919, c. 71, s. 52. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 53-56 Forfeiture of settler’s benefit under Act for fraudulent acquisition 53 In the event of its being shown to the satisfaction of the Board that a settler has established his right to benefit under this or the former Act through misrepresentation, impersonation, or other fraud, the Board may declare the right of such settler to benefit under this or under the former Act to have been forfeited, and thereupon all loans or advances made to such settler shall, unless the Board otherwise determines, immediately become due and payable, and any sale of land made to him under the provisions of this Act shall be liable to be rescinded, at the discretion of the Board. 1919, c. 71, s. 53. Before whom affidavits, etc., may be taken 54 All affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made for the purposes of this Act, may, except as otherwise provided, be taken or made before the judge or clerk of any court, any justice of the peace, any commissioner for taking affidavits, any notary public, any person authorized to take affidavits under the provisions of the Dominion Lands Act, any District Superintendent of the Board, or any person specially authorized by the Governor in Council to take or administer the same. 1919, c. 71, s. 54. Inquiries in aid of execution of this Act The Board shall have the power to appoint persons to hold inquiries in aid of the execution of any of the purposes of this Act, and every person so appointed shall have, for the purposes of his appointment, all the powers of a commissioner under the Inquiries Act. 55 Commissioners 2. Every Commissioner of the Board shall have, ex officio in aid of the execution of the same purposes, like powers. 1919, c. 71, s. 55. Entry on land for inspection or valuation Any Commissioner of the Board, or any officer or employee of the Board authorized, specifically or generally, in writing, by a Commissioner of the Board, may enter any land to whomsoever belonging for the purpose of making inspection thereof and determining whether or not such land is subject to compulsory purchase under 56 Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 56-59 the provisions of this Act; or, in the event of any land being deemed subject to compulsory purchase, for the purpose of valuing the same or serving any notice on the owner or occupant thereof or for any other of the purposes of this Act, or to view the condition of, or to take over or repossess, in case of default made, any property in or over which the Board has any interest or charge. 2. [Repealed, 2000, c. 34, s. 48] R.S., 1927, c. 188, s. 56; 2000, c. 34, s. 48. Mines and minerals exempt 57 From all sales and grants of land made by the Board, all mines and minerals shall be and shall be deemed to have been reserved, whether or not the instrument of sale or grant so specifies, and as respects any contract or agreement made by it with respect to land it shall not be deemed to have thereby impliedly covenanted or agreed to grant, sell or convey any mines or minerals whatever. 1919, c. 71, s. 57. Judges of the Federal Court ad hoc If a judge of the Court shall so request, the Governor in Council may, as and when requested, appoint one or more persons, qualified for appointment as judges of the Court, to be judges ad hoc of such Court for the purpose of assisting in the performance of the duties which are imposed upon such Court by this Act. Termination of appointment of judges 2. Such persons, so appointed, shall, for all purposes, including payment of salary, be deemed judges of the Court, but their several appointments shall be terminable by the Governor in Council whenever a judge of the Court shall notify the Governor in Council that there is no further occasion for their assistance, and they, severally, shall have authority to transact, with the powers and jurisdiction of a judge of the Court, such business of the Court arising out of this Act as said judge shall from time to time commit to them, and such only. 1919, c. 71, s. 58. Power of Board to estimate land apart from buildings, and to vary amount as to balance due Notwithstanding anything in this Act the Board is empowered, (a) when estimating the value of any land for any purpose of this Act, to estimate it apart from the value of buildings thereon; Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 59 (b) for special reasons, in any case appearing, (i) to vary the provisions of sections eighteen and nineteen of this Act so that an amount not exceeding one thousand dollars may be diverted from the amount not exceeding two thousand dollars, mentioned in section eighteen as the balance which may remain unpaid upon a sale of stock and equipment, and may be added to the amount not exceeding one thousand dollars, mentioned in section nineteen as that which may be advanced to provide or for application to permanent improvements, (ii) to vary the provisions of sections sixteen to nineteen inclusively, of this Act, so that live stock and equipment to a value not exceeding three thousand dollars may be sold to a settler, but so that the total amount of balance of price and advances remaining unpaid by the settler as the result of the exercise by the Board of any of its powers under this Act, shall not exceed seven thousand five hundred dollars; Powers of Board (c) in all cases of sales of orchard or fruit lands, to apply the provisions of section eighteen of this Act, with such other provisions thereof as may depend upon or have relation to those of said section, as if for the words “live stock or equipment” or “live stock and equipment acquired under authority of this Act” or words to the same effect in said section or in any of said sections appearing, there were substituted the words “fruit trees, already planted or growing on any land sold by the Board to the settler” and, for any purpose of this Act, to estimate the value of the trees and shrubs already planted or growing on any land being sold by the Board to the settler apart from the value of such land; To vary terms of payments on sales of unimproved lands (d) in all cases of sales of unimproved lands, to vary the terms of payment provided by section sixteen of this Act so that the first annual instalment shall be repayable not later than two years from the date of the sale and shall consist of the accrued interest only; To vary terms of payments on sales of stock and equipment for unimproved lands (e) in all cases of sales of stock and equipment for the operation of unimproved lands, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, payment in not more than six equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 59 five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale; To vary terms of payments on sales of stock and equipment for improved farms (f) in all cases of sales of stock and equipment for the operation of improved farms, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, such per centum cash down as the Board may determine, and the balance be repayable in six, or less, equal consecutive, annual instalments commencing upon a date determined upon by the Board, but not later than two years from the date of the sale, with interest at five per centum per annum, on the amortization plan; To determine character of land (g) for any purpose of this Act, to determine what constitutes unimproved or improved land or a farm; To require repayment on sales of seed grain and feed or advances for taxes and insurance (h) in all cases of sales of seed grain and feed or in cases of advances for the payment of taxes and insurance, to require that the settler’s indebtedness to the Board in connection with such sale or advance be repaid within one year from the date of the advance, with interest at the rate of five per centum per annum; To consolidate indebtedness of settlers who have not abandoned the land or terminated agreement Interest exemptions Indebtedness to be paid in instalments on standard dates Proviso if default in payment (i) in the case of any settler who has not abandoned the land or whose agreement with the Board has not been terminated or rescinded, to vary the provisions of this Act so that the total indebtedness and liability incurred by such settler prior to the first day of April, one thousand nine hundred and twenty-two, may, on a standard date to be determined by the Board, be consolidated, inclusive of accrued interest, taxes and insurance to date of consolidation, and the consolidated indebtedness made payable in twenty-five or less annual instalments, such indebtedness bearing no interest from the date of consolidation for (i) two years in the case of any settler to whom advances commenced within the twelve months preceding the first day of October, one thousand nine hundred and twenty-one, (ii) three years in the case of any settler to whom advances commenced within the twelve months Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 59 preceding the first day of October, one thousand nine hundred and twenty, (iii) four years in the case of any settler to whom advances commenced prior to the first day of October, one thousand nine hundred and nineteen; the first instalment, consisting of one twenty-fifth of the consolidated indebtedness, to be paid by the settler on the date of consolidation, and two, three or four further instalments, as the case may be, according to the period of interest exemption, each of the same amount as the first instalment, to be paid on the standard dates next consecutively following, the remainder of the consolidated indebtedness to be paid with interest thereon at the rate of five per centum per annum in equal annual consecutive instalments on the amortization plan during the balance of the term of payment; Provided that if default be made in the payment of any instalment of one twenty-fifth herein referred to, the amount of such instalment or the unpaid portion thereof shall bear interest until paid; To vary terms of payment as to stock and equipment advances (j) to vary the terms of payment as provided in this Act so that stock and equipment advances or sales heretofore or hereafter made to any settler shall be payable within the same period as payment of advances for land purchase, removal or encumbrances, or permanent improvements; To vary terms of payment to settlers whose advances commence after July 1 (k) to vary the terms of payment as provided in this Act so that in the case of any settler whose advances commence between the first day of July and the standard date in any year, the dates on which the settlers’ first and subsequent instalments shall become payable may be fixed as if such advances had not commenced until after the standard date in that year: Provided that interest accruing during the period of this deferment shall be consolidated with the principal indebtedness and amortized therewith; To vary terms of payment in case of unimproved lands (l) in the case of unimproved lands to vary the terms of payment provided by section sixteen of this Act as amended by paragraph (d) of this subsection so that payment shall be made in twenty-five equal annual consecutive instalments with interest on the amortization plan, the first of such instalments commencing not later than two years from the standard date next following the date of sale. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 59-60 Rights and obligations of deceased settler devolve on heirs, etc. 2. When a settler dies indebted to the Board, under an agreement of sale or otherwise, with respect to any property or to any advance charged upon any property, his rights acquired under this or the former Act shall devolve upon heirs, devisees or personal representatives, pursuant to the law of the province in which at the time of his death the property is situate, but subject to all rights, claims and charges of the Board respecting or affecting such property, and to performance by such heirs, devisees or personal representatives of all the obligations of his testate or intestate with respect to such property or such advance, and default on the part of such heir, devisee or personal representative with respect to any right, claim or charge of the Board shall have the same effect as would default on the part of the settler but for his death. 1919, c. 71, s. 59; 1920, c. 19, s. 5; 1922, c. 46, s. 1. Notice in writing of amount of indebtedness to soldier Notice prima facie evidence 60 Notwithstanding anything in this Act, or in any agreement, contract, or other document, in any case in which the indebtedness of a settler is consolidated, the Board may cause to be delivered to the settler personally or to be directed by mail to him at his address last known to the Board, a notice signed by such official as the Board may designate, setting forth the amount of the total indebtedness of the settler at date of consolidation, the dates and amounts of payments to be made thereon by the settler, and the amount then due and payable, and the production of a copy of such notice certified under the seal of the Board shall be accepted for all purposes and in all Courts as prima facie evidence of the due service of the notice on the settler and of the amount of the settler’s indebtedness, the dates and amounts of payments to be made thereon, and the amount then due and payable as in said notice set forth. 1922, c. 46, s. 3. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 61-62 Franking privileges of Director 61 All letters and other mailable matter sent to or by the Director of Soldier Settlement at Ottawa shall be free of Canada postage under such regulations as are from time to time made in that respect by the Governor in Council. R.S., 1927, c. 188, s. 61; 1931, c. 53, s. 5. No fee or commission on any sale to Board No person, firm or corporation shall be entitled to charge or to collect as against or from any other person, firm or corporation any fee or commission or advance of price for services rendered in the sale of any land made to the Board, whether for the finding or introducing of a buyer or otherwise. 62 Payment of fee prohibited 2. No person, firm or corporation shall pay to any other person, firm or corporation any such fee or commission or advance of price for any such services. Affidavit when required 3. The Board may require of any person, firm or corporation from whom it purchases land, or who is in any manner interested therein, the execution of an affidavit in form E in the schedule to this Act. Consequences of payment by or to any person of fee or commission 4. If any such fee or commission or advance of price is paid by or to any such person, firm or corporation for any such services the following consequences shall ensue: — (a) [Repealed, 2000, c. 34, s. 49] (b) the fee or commission or advance in price paid may be recovered by the Board, by suit instituted in the name of the Board as agent of His Majesty, in any court having jurisdiction in debt to the amount involved, whether the transaction was one with respect to a sale or projected sale to the Board, as if such amount were a debt due to the Board, as aforesaid, and every person who participated in the receipt of any part of such amount shall be liable to pay to the Board the part of such amount actually received by him; and (c) all such consequences shall have operation cumulatively. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 62-64 No officer, agent or employee to purchase, acquire or sell land which Board is authorized to deal with, or act as agent, or take commission Penalty 5. No officer, agent or employee of or under the Board shall directly or indirectly, in his own name or in that of any other person, except by or under the authority of the Board, purchase, acquire or sell any land or other property of such character as the Board is authorized to purchase, acquire or sell under this Act from or to any settler who is indebted to the Board or whose application for an advance or to purchase any property from the Board is pending, nor shall such officer, agent or employee act as an agent or otherwise of any person in purchasing, acquiring, or selling or otherwise as aforesaid, nor receive any commission or compensation in connection therewith, and any officer, agent or employee violating the provisions of this subsection shall in addition to any criminal liability incurred pursuant to the provisions of this Act, be liable to summary dismissal on the order of the Board and the liability to or imposition of such penalty shall not affect the right which any person may have to bring against him any civil action. R.S., 1927, c. 188, s. 62; 2000, c. 34, s. 49. 63 [Repealed, 2000, c. 34, s. 50] Regulations that Board may make 64 The Board may, with the approval of the Governor in Council, and subject to the provisions of this Act, make regulations, prescribing (a) the manner in which entries for land and applications for loans or advances may be made; (b) the conditions as to occupation or otherwise upon which free entries and patents for land may be granted and issued; (c) the security to be given for loans or advances, the conditions subject to which loans or advances shall be made, and the manner and dates in and at which such loans or advances shall be repaid, including dates at which amortized or other payments shall be consolidated or commence; (d) the manner and conditions in and upon which settlers may transfer their rights; (e) the conditions subject to which lands may be acquired for the purposes of this Act; Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 64 (f) the manner in which lands acquired by the Board may be sold to settlers and others and the conditions as to occupation or otherwise upon which such lands may be sold; (g) for priority of right as between applicants to purchase property or for soldier grants or for advances or loans on the security of property; (h) as to the qualifications necessary in order to entitle settlers to the benefits or assistance or to any particular benefit or assistance under this Act, to the end that the settler may have a reasonable prospect of success as a farmer; (i) forms of agreements, mortgages, notices and other documents necessary to the effective operation of this Act; (j) advanced rates of interest to be paid by settlers who may be in default, such rates, however, not to exceed seven per centum per annum; (k) the circumstances and procedure under which and whereby the Board may take over or repossess property in case of default made by settlers in the observance of the provisions of this or of the former Act or of any covenant or agreement made by settlers with the Board; (l) authority and procedure for the inclusion within the expression “settler” of persons who, being otherwise qualified to be settlers, are not discharged from military or other service; (m) with respect to blind or other partially but seriously incapacitated settlers, special provisions for assistance in settlement of small holdings or otherwise inclusive of the remission of interest in whole or in part; (m.1) the appointment of persons to exercise or perform with respect to such matters as may be specified in the regulations any of the powers or duties conferred or imposed by this Act on the Board; and (n) with respect to any other matter concerning which the Board deems regulations necessary for the execution of the purposes of this Act. 2. [Repealed, 1950, c. 50, s. 10] R.S., 1927, c. 188, s. 64; 1950, c. 50, s. 10; 2000, c. 34, s. 51. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 65 Marks or brands to denote the Board’s ownership of property The marks or brands specified in this section in that behalf may be applied in or on any property of the Board to denote the Board’s ownership or interest in such property; but the omission to apply any such mark or brand shall not affect such ownership or interest 65 Marks appropriated for the use of the Soldier Settlement Board in marking its property Property Marks or Brands Live stock.................... Upstanding broad arrow with its base abutting on lazy S. with or without any numerals in any order. Equipment.................. Broad arrow with its base abutting on lazy S. Applying of marks or brands by officers, agents, etc. 2. It shall be lawful for the Board or its officers, agents, and workmen to apply such marks or brands, or any of them, in or on any such property. Unauthorized applying or destroying of marks or brands 3. No person shall, without the authority of the Board, the proof of which shall lie on him, apply any of the said marks or brands in or on any property of the Board, nor take out, destroy or obliterate, wholly or in part, from any property, any of the said marks or brands. Unauthorized receiving, selling, etc., of property bearing marks or brands 4. No person shall, without the authority of the Board, the proof of which shall lie on him, receive, possess, keep, sell or deliver any property bearing any marks or brands as aforesaid. Exemption from operation of provincial laws where ownership vested in Board 5. Notwithstanding any law, whether statute or otherwise, in force in any province, authorizing or requiring the registration or recording of marks or brands, or prohibiting the use of any mark or brand which has not been registered, or prescribing any procedure to be followed in connection therewith, the use and application by the Board or any of its authorized officers or employees of the said marks or brands, shall not so long as any ownership or interest of or in the property affected is vested in Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 65-66A the Board, be subject to or within the operations of such provincial laws. 1920, c. 19, s. 8. Insurance of property in favour of Board by settler when indebted to Board Assignment or delivery of policy to Board 66 While a settler is indebted to the Board in connection with sale of land or other property to him by the Board, or while any sum remains unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act or otherwise to or on behalf of the settler, and secured by or charged whether under this Act or otherwise, upon property, real, personal or other, of the settler, or upon the settler’s interest in any property, the Board may require that the settler shall insure in favour of the Board any property to the extent of its insurable value and shall assign and deliver over unto the Board, as the interest of the Board may appear, the policy or policies of insurance or receipt or receipts thereto appertaining, and deliver to the Board all receipts for taxes paid upon any such property, insured or otherwise. Payment of rates, taxes, insurance, etc., by Board in case of default on part of settler Amount added to purchase price and repayable at discretion of Board (2) Notwithstanding anything to the contrary in this Act if the settler fails or neglects to pay any lawful rates, taxes or assessments or to keep such property insured as aforesaid then it shall be lawful for the Board to pay such rates, taxes or assessments or to insure such property as aforesaid and all moneys so expended by the Board either before or after the enactment hereof, shall be repaid by the settler on demand with interest at the rate of five per centum per annum computed from the time of advancing the same, and in the meantime the amount of such payment shall be added to the purchase price of such property or shall become a part of the principal secured by any charge, lien or mortgage in favour of the Board, as the case may be, and may in the discretion of the Board be made repayable at the time appointed for the payment of the next instalment in connection with the account to which such indebtedness is charged. R.S., 1927, c. 188, s. 66; 1938, c. 14, s. 1. Power to pay rates and taxes 66A Notwithstanding anything to the contrary in this Act the Director of Soldier Settlement may pay any lawful rates, taxes or assessments imposed in respect of any land held by the Director of Soldier Settlement not the Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 66A-68 subject of a contract of sale at the date of such imposition. 1932, c. 53, s. 3. Settler’s account to be credited with certain reductions 67 Notwithstanding anything in this Act, in the case of any settler who has not repaid his indebtedness to the Board, or who has not abandoned his land, or whose agreement with the Board has not been terminated or rescinded, the Board shall credit his account with an amount, in reduction of his indebtedness to the Board, determined as follows: — Forty per cent of the purchase price of all live stock sold by the Board to the settler prior to the first day of October, 1920; Twenty per cent of the purchase price of all live stock sold by the Board to the settler on or after the first day of October, 1920, and prior to the first day of October, 1921. 2. The settler’s account shall be credited with the total amount, determined as aforesaid, as on the standard date in 1925. 1925, c. 53, s. 1. Revaluation of land sold to settlers Conditions 68 Notwithstanding anything in this Act, a settler who is indebted to the Board in respect of an amount loaned to him by the Board under the former Act for and expended in the purchase of agricultural land or has agreed to purchase any land from the Board, who has not assigned or transferred his interest in his land, whose agreement with the Board has not been terminated or rescinded, who has not repaid his indebtedness to the Board, and who claims that there has been a depreciation in the value of such land not the result of neglect or mismanagement on his part, may make application for the revaluation of the said land subject to the following conditions: — Application to District Superintendent (a) application for revaluation shall be submitted to the District Superintendent of the Soldier Settlement Board for the district within which the said land is situate; Affidavits (b) the application shall be supported by a statutory declaration setting out Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 68 (i) the original purchase price of the land and the value of improvements effected since the establishment of the settler thereon, and (ii) his belief as to present value of the land and his reasons therefor; How depreciation shall be computed (c) the depreciation in value to be determined shall be the amount by which, through no neglect or mismanagement on the part of the settler, the price at which the Board agreed to sell the land and improvements to the settler or the price under the former Act paid by the settler with the approval of the Board for the land and improvements exceeds the present value, and in determining the present value of the land, improvements made by the settler shall not be included: Provided that in any case where the actual sale price is greater than the maximum amount which under section sixteen of this Act may be advanced by the Board in the purchase of land on behalf of any settler, such maximum amount shall be deemed the sale price for the purposes of this section; Time for application (d) all applications for revaluation must be submitted to the Board prior to the first day of October, one thousand nine hundred and twenty-seven, except as otherwise provided by regulation; Board to determine depreciation in value Appeal to Federal Court (e) upon the receipt of an application made in accordance with the terms of this section the Board shall ascertain and determine the depreciation in value as set forth in paragraph (c) of this section; and if any applicant is dissatisfied with the decision of the Board he may within such time as is prescribed by regulations made by the Governor in Council, appeal to the Federal Court of Canada, and the decision of that Court shall be final; Expenditure (f) expenditures necessarily incurred by or in connection with the administration of this Act as may be provided by regulation, shall be paid out of moneys appropriated from time to time by Parliament to soldier land settlement; Credit to settler if depreciation found (g) where the decision shows that there has been depreciation as hereinbefore set forth in paragraph (c) in the value of the land and improvements which the Board agreed to sell to a settler, the Board, notwithstanding anything in this Act, shall credit the settler’s account as on the standard date in 1925 with the Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 68-69 amount of depreciation as finally determined, and upon the settler’s account being so credited, the balance then owing by the settler for all purposes shall, at the discretion of the Board, be consolidated and deemed to be the settler’s total indebtedness and the total cost of the property may be amortized over the remaining period of the loan: Provided that the maximum amount which may be so credited to any settler shall in no case exceed the settler’s total indebtedness to the Board as at the time of the final determination of the amount of depreciation in value aforesaid; Regulations (h) the Board may with the approval of the Governor in Council, make such regulations as may be necessary for the purposes of this section; Procedure in appeals (i) the Governor in Council may make such regulations as he deems fit for the procedure in appeals to the Federal Court under this section, and may by such regulations modify or dispense with any provisions as to procedure in the Federal Court Act or in the rules of practice of that Court, and all such regulations made shall be published forthwith in the Canada Gazette; Reinstatement of settler in certain cases (j) notwithstanding anything in this Act, in the case of any settler whose agreement with the Board has been terminated or rescinded and who is desirous of repurchasing the land which he agreed to purchase from the Board may, provided the land has not been otherwise disposed of, reinstate the settler in such rights with respect to the land as he had prior to the termination or rescission of his agreement and extend to him the benefits of this section from which he would otherwise be debarred by reason of the termination or rescission of his agreement. R.S., 1927, c. 188, s. 68; 1928, c. 48, s. 2; R.S., 1970, c. 10(2nd Supp.), s. 64. Rescission of agreement subject to order of court 69 (1) Notwithstanding anything in this Act, on or after the first day of July, 1930, in any case where the Board, before exercising as against the land the right of rescission of the agreement with any settler who is in default, gives to the settler the statutory notice as required by this Act of its intention to do so, no rescission of the agreement shall take place where, within the period set forth in the notice, the settler advises the Board in writing of his opposition to the proposed action, or where the Board has otherwise reasons to believe that a dispute may arise, Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 69-71 unless an order of a County or District Court Judge is issued declaring the rescission of his agreement warranted. Regulations (2) The Governor in Council may make such regulations as he deems fit for the procedure in applications to a District or County Court Judge for an order under this section, and may by such regulations modify and dispense with any provisions as to procedure which might otherwise affect such application, or in the rules and practice of any such Court, and all such regulations shall be published forthwith in the Canada Gazette. 1930, c. 42, s. 1. Credit of 30% to settler’s account When application for revaluation not disposed of Maximum not to exceed total indebtedness 70 Notwithstanding anything in this Act, in the case of any settler qualified and established upon the land in accordance with the provisions of this Act and regulations thereunder, who has not abandoned his land and whose agreement with the Board has not been terminated, rescinded or assigned, the Board shall credit the settler’s account as on the standard date in 1929 with an amount equal to thirty per cent of the settler’s indebtedness to the Board as on that date; provided that in the case of any such settler whose application for revaluation under section sixty-eight of this Act has not been finally disposed of, the settler’s indebtedness as on the said standard date shall for the purposes of this section be deemed to be the amount owing by him to the Board as on the said standard date less the amount of the depreciation in the value of the land, if any, determined as provided by section sixty-eight of this Act; provided further that the maximum amount which may be so credited to any settler in accordance with the provisions of this section shall in no case exceed the settler’s total indebtedness to the Board. 1930, c. 42, s. 1. Board’s rights in live stock to be released Exceptions 71 Notwithstanding anything in this Act, on or after the fifteenth day of June, 1930, in the case of any settler holding under purchase from the Board any live stock to which the Board retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Board has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Board’s right, title and interest in such live stock shall be released by the Board in favour of the settler; provided Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 71-73 that such release shall in no way relieve the settler from the payment by him to the Board of the balance of the purchase price of such live stock remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such live stock; provided further that no such release of title shall be made in favour of the settler where the settler has with the Board’s consent assigned his interest in such live stock to another party to whom the Board is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Board. 1930, c. 42, s. 1. Certain interest charges remitted Application of payments made 72 All interest charges which accrued under this Act during the twelve months immediately preceding the standard date in 1932, other than in respect of any contract between the Director and any person under and by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada and bearing date the twentieth day of August, 1924, are remitted, and any payment heretofore made in respect thereof shall be applied toward reduction of principal indebtedness. 1932-33, c. 49, s. 1. Time extended for credit on payments of arrears 73 (1) Any settler or person indebted in respect of any contract or agreement made prior to the first day of January, 1933, under the provisions of this Act, who after the thirty-first day of March, 1933, makes payment on or before the thirty-first day of March, 1941, in respect of any arrears due and payable before the first day of April, 1938, shall, subject to the provisions of this section, receive credit toward payment of such arrears for a further sum equal to the payment made. Limitation (2) No such additional credit shall be accorded in respect of moneys the proceeds of alienation of any property charged under this Act or of fire insurance or due as the cash down payment under any agreement for sale of land. Evidence satisfactory to Director must be produced (3) Any such credit shall be accorded only upon production to the Director of evidence satisfactory to him that any fire insurance premium payable and all taxes imposed in respect of such person’s interest in the land Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 73-75 charged under this Act during the then current year in the case of payment of arrears or the year or years in respect of which payment is made in the case of instalments have been paid or made the subject of arrangement. Exceptions (4) This section shall not apply to any person indebted under a contract between him and the Director under or by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act until the consent thereto of His Majesty’s Government of Great Britain has been obtained as hereinafter provided, or to a settler or person in respect of land held under this Act by virtue of a lease. 1932-33, c. 49, s. 1; 1936, c. 10, s. 1; 1938, c. 14, s. 2. By consent of British Government, Director may apply certain provisions to British settlers 74 Upon the consent of His Majesty’s Government of Great Britain to bear the loss thereby occasioned in the proportion specified in the agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act, the Director shall apply mutatis mutandis the provisions of section seventy, seventytwo and seventy-three of this Act to any person indebted under a contract for purchase of land entered into with the Director under and by virtue of such agreement. 1932-33, c. 49, s. 1. Director’s rights in equipment to be released Exceptions 75 Notwithstanding anything in this Act, on or after the thirty-first day of March, 1933, in the case of any settler holding under purchase from the Director any equipment to which the Director retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Director has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Director’s right, title and interest in such equipment shall be released by the Director in favour of the settler; provided that such release shall in no way relieve the settler from the payment by him to the Director of the balance of the purchase price of such equipment remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such equipment; provided further that no such release of title shall be made in Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Sections 75-76 favour of the settler where the settler has with the Director’s consent assigned his interest in such equipment to another party to whom the Director is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Director. 1932-33, c. 49, s. 1. Reduction of interest rate in case of a settler, veteran of two wars R.S., c. 157. 76 In any case where (a) a person is indebted in respect of any agreement made under this Act; (b) a person has not abandoned his land; (c) the agreement has not been terminated, rescinded or assigned; (d) a person at any time during the war that commenced in September, one thousand nine hundred and thirty-nine (i) was engaged on active service in a naval, military or air force of Canada; or (ii) was engaged on active service in any of His Majesty’s forces and at the time of his enlistment therein was ordinarily domiciled or resident in Canada; (e) a person either (i) served in a theatre of actual war as designated by the Governor in Council under the authority of the Pension Act; or (ii) served only in those parts of Canada that are not so designated by the Governor in Council as a theatre of actual war, for a period of not less than twelve months; or (iii) is by reason of disability incurred as a result of such service in receipt of a pension; and (f) a person has been honourably discharged from the force in which he was so engaged or has been permitted honourably to resign or retire therefrom; the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-two or the date of his enlistment in such force, whichever is the earlier, shall be three and one-half per centum per annum. 1946, c. 33, s. 1. Current to June 20, 2022 Soldier Settlement PART IV Miscellaneous Provisions Section 77 Reduction of interest rate in case of other settlers 77 In any case where a settler has not abandoned his land and his agreement made under this Act has not been terminated, rescinded or assigned, the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-four shall be three and one-half per centum per annum. 1946, c. 33, s. 1. Current to June 20, 2022 Soldier Settlement SCHEDULE OF FORMS SCHEDULE OF FORMS FORM A The Soldier Settlement Act Notice of Establishment of a Settlement Area Province.............................. Limits of Settlement Area No................................................ .................................................................................................. .................................................................................................. .................................................................................................. .................................................................................................. All concerned are hereby notified that pursuant to the provisions of Part Three of the Soldier Settlement Act, the Soldier Settlement Board of Canada has established and does hereby establish settlement area number (one, or as the case may be) consisting of the lands within the limits above defined, and that all owners of blocks of land as defined by said Part of said Act situate within said limits are required to comply with the terms of said Part of said Act or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding. The Soldier Settlement Board of Canada, X. Y., Chairman Ottawa (Date) 1919, c. 71, Sch. A. FORM B The Soldier Settlement Act Notice of Alteration of Limits of (or of Disestablishment of) a Settlement Area Province.............................. New Limits of Settlement Area No........................................ .................................................................................................. .................................................................................................. .................................................................................................. .................................................................................................. Old Limits of Settlement Area No......................................... .................................................................................................. .................................................................................................. .................................................................................................. .................................................................................................. (or “Disestablishment of Settlement Area No...................... described as follows” as the case may be.) Current to June 20, 2022 Soldier Settlement SCHEDULE OF FORMS All concerned are hereby notified that pursuant to the provisions of Part III of the Soldier Settlement Act, the Soldier Settlement Board of Canada has altered the limits of its Settlement Area No........................., that these are now as first above described and that all owners of blocks of land as defined by said Part of said Act situate within said new limits who have not already complied with the terms of said Part of said Act are required to so comply or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding. (Or “has entirely disestablished its settlement area No.......................... as above described and that all lands within the limits of such former settlement area are hereby freed from the operation of the provisions of the said Soldier Settlement Act, as the case may be.) The Soldier Settlement Board of Canada, X. Y., Chairman Ottawa (Date) 1919, c. 71, Sch. B. FORM C The Soldier Settlement Act Return of Owner of Land Within a Settlement Area to the Soldier Settlement Board of Canada Province.............................. Limits of Settlement Area No................................................ .................................................................................................. .................................................................................................. .................................................................................................. .................................................................................................. Names and Post Office addresses of person, or persons making return ......................................................................... .................................................................................................. .................................................................................................. The undersigned files this return with a District Superintendent of the Soldier Settlement Board of Canada pursuant to the provisions of Part III of the Soldier Settlement Act. The undersigned owns or own personally (or if owner along with others state names and extent of interests of others and their post office addresses) within the settlement area above described, the following described parcels of land: — Current to June 20, 2022 Soldier Settlement SCHEDULE OF FORMS Parcel No. 1............................................................. (insert location and description). Parcel No. 2............................................................. (insert location and description). Parcel No. 3, etc. Parcel No. 1 was cultivated to the extent of ................... per centum of its area during the season of 19...... and its average cultivation for the two immediately preceding seasons was ....... per centum of its area. Parcel No. 1 is encumbered as follows ..................................... (give description of encumbrances and names and post office addresses of the holders thereof). Parcel No. 2 (give the same particulars as to each parcel). The owner is willing to sell his interest in Parcel No. 1 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ................ dollars. The owner is willing to sell his interest in Parcel No. 2 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ............... dollars. Give the same information as respects each other parcel. The owner is willing to sell his interest in all the abovementioned and described parcels to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ................ dollars. There are buildings and improvements upon such land as follows: — On Parcel No. 1 .............................. (short description). Parcel No. 2 and (like particulars). Dated at ......................... in the province of ......................... this ......................... day of ......................... 19...... Owner or owners Signed in the presence of ........................................... Witness to signature of ........................................... Witness to signature of ........................................... 1919, c. 71, Sch. C. FORM D The Soldier Settlement Board of Canada Notice of Compulsory Purchase of Land Province................................ Current to June 20, 2022 Soldier Settlement SCHEDULE OF FORMS Settlement Area No................................ Description of Land Compulsorily Purchased ..................... .................................................................................................. .................................................................................................. .................................................................................................. .................................................................................................. To all persons in any manner interested as owners or otherwise in the above described land. Take Notice that the Soldier Settlement Board of Canada, pursuant to power provided in and by Part III, the Soldier Settlement Act, has compulsorily purchased the above described parcel (or parcels) of land, that said Board is willing to pay therefore the sum of ............................. dollars, and that by publication of this notice and by force of said Act the said described land is now vested in said Board as for an estate of fee simple in possession (or, in the province of Quebec “in said Board as absolute owner”) freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever and as effectually as if it had been conveyed to the Board by deed or conveyance of all persons entitled to any interest therein, but that if the owner or other persons interested in said described land are not willing to accept as payment for his or their respective interests in or claims against said described land in full of their interests and claims the amount of compensation money mentioned in this notice, other compensation to be ascertained as provided in said Part III of said Act, will be paid by said Board. The Soldier Settlement Board of Canada, X. Y., Chairman Ottawa (Date) 1919, c. 71, Sch. D. FORM E Affidavit of Vendor of Land to the Board In the Matter of the Soldier Settlement Act I, ............................. of ........................... in the ......................... of .............................. Province of ..............................., (occupation) make oath and say as follows: — 1. Produced herewith and shown to me and marked Exhibit A by the functionary before whom this affidavit is sworn is a certain conveyance of land to the Soldier Settlement Board of Canada. Current to June 20, 2022 Soldier Settlement SCHEDULE OF FORMS 2. I have personal knowledge of the matters hereinafter deposed to. 3. No person, firm or corporation has collected or attempted to collect from me, nor been paid by me nor, so far as I am aware, has any person collected or attempted to collect from any other person, whether interested in the land to which such conveyance relates or otherwise, or charged as against any person, or been paid by any person any fee or commission or advance of price for services rendered in the sale of such land to the Board, whether for the finding of a buyer or otherwise. 4. The last sale of said land (or part thereof) previously to the said conveyance to the Board was made on or about the ................... day of ....................... 19..... The grantors were ....................................................................... of ....................................................................... and the grantees were ........................................... There was paid for said land on that occasion the sum of ........................................... dollars which is an average of ..................................... dollars per acre. The improvements made upon said land since said sale have been as follows: — .................................................................................................. .................................................................................................. .................................................................................................. 5. The consideration mentioned in said Exhibit is ........................... dollars and the persons who are to receive the same and the amounts that each is entitled to receive, and to whom the Board may make payment direct, are now truly stated, to wit: — (a) ......................................................... (name, post office address and amount receivable) (b) ......................................................... (name, post office address and amount receivable) (c) ......................................................... (name, post office address and amount receivable) Sworn before me at ............................... in the ................. province of .......................... this .............. day of ................. 19 ..... 1919, c. 71, Sch. E. Current to June 20, 2022

CONSOLIDATION Statutes Repeal Act S.C. 2008, c. 20 Current to June 20, 2022 Last amended on June 18, 2010 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 18, 2010. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 18, 2010 TABLE OF PROVISIONS An Act to repeal legislation that has not come into force within ten years of receiving royal assent 1 Short title Annual report of legislation not in force Repeal on December 31 following Publication in Canada Gazette Transitional *6 Coming into force Current to June 20, 2022 Last amended on June 18, 2010 ii S.C. 2008, c. 20 An Act to repeal legislation that has not come into force within ten years of receiving royal assent [Assented to 18th June 2008] 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 Statutes Repeal Act. Annual report of legislation not in force 2 In every calendar year, the Minister of Justice shall cause to be laid before the Senate and the House of Commons, on any of the first five days on which that House sits, a report listing every Act of Parliament or provision of an Act of Parliament that is to come into force on a day or days to be fixed by proclamation or order of the Governor in Council and that (a) was assented to nine years or more before the December 31 immediately preceding the laying of the report; and (b) had not come into force on or before that December 31. Repeal on December 31 following 3 Every Act or provision listed in the annual report is repealed on December 31 of the year in which the report is laid unless it comes into force on or before that December 31 or during that year either House of Parliament adopts a resolution that the Act or provision not be repealed. Publication in Canada Gazette 4 The Minister of Justice shall publish each year in the Canada Gazette a list of every Act or provision repealed on the preceding December 31 under this Act. Current to June 20, 2022 Last amended on June 18, 2010 Statutes Repeal Sections 4-6 Transitional 5 Section 2 does not apply to any provision amended by an Act that was assented to during the nine calendar years preceding the year this Act comes into force, or to any provision that is necessary for the amended provision to have effect, until the calendar year following the ninth anniversary of that assent. Coming into force 6 This Act comes into force two years after the day on which it receives royal assent. * * [Note: Act in force on June 18, 2010.] Current to June 20, 2022 Last amended on June 18, 2010

CONSOLIDATION Supplementary Fiscal Equalization Payments 1982-87 Act S.C. 1985, 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 to provide for the making of supplementary fiscal equalization payments to certain provinces for the period April 1, 1982 to March 31, 1987 Short Title 1 Short title Supplementary Payments 2 Payments authorized Payments out of C.R.F. Current to June 20, 2022 ii S.C. 1985, c. 29 An Act to provide for the making of supplementary fiscal equalization payments to certain provinces for the period April 1, 1982 to March 31, 1987 [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 Supplementary Fiscal Equalization Payments 1982-87 Act. Supplementary Payments Payments authorized 2 In addition to the fiscal equalization payment amounts payable for the period April 1, 1982 to March 31, 1987 to each province entitled to a fiscal equalization payment under Part I of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977, the Minister of Finance shall pay to each such province as a supplementary fiscal equalization payment, the following amounts: (a) in respect of the fiscal year commencing on April 1, 1985, (i) one hundred and ten million dollars to the Province of Quebec, (ii) fifty million dollars to the Province of Manitoba, (iii) twenty million dollars to the Province of Nova Scotia, Current to June 20, 2022 Supplementary Fiscal Equalization Payments 1982-87 Supplementary Payments Sections 2-3 (iv) twenty million dollars to the Province of New Brunswick, (v) fifteen million dollars to the Province of Newfoundland, and (vi) five million dollars to the Province of Prince Edward Island; and (b) in respect of the fiscal year commencing on April 1, 1986, sixty-five million dollars to the Province of Manitoba. Payments out of C.R.F. 3 The amounts authorized to be paid by section 2 shall be paid out of the Consolidated Revenue Fund (a) in respect of the fiscal year commencing on April 1, 1985, within thirty days after the coming into force of this Act; and (b) in respect of the fiscal year commencing on April 1, 1986, within thirty days after the commencement of that year. Current to June 20, 2022

CONSOLIDATION Sex Offender Information Registration Act S.C. 2004, c. 10 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 registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts Short Title 1 Short title Purpose and Principles 2 Purpose Interpretation 3 Definitions Obligations of Sex Offenders 4 First obligation to report 4.1 Subsequent obligation to report 4.2 More than one order or obligation 4.3 Temporarily outside Canada Obligation to provide information 5.1 Notification of change of information — paragraph 5(1) (d) Notification of absence Young sex offender 7.1 Registration centre Responsibilities of Persons Who Collect and Register Information 8 Registration of information 8.1 Registration of information — obligations 8.2 Registration of information — Canadian Forces Information to be given to sex offender Registration of information Copy of information Request for correction of information Current to June 20, 2022 Last amended on June 20, 2022 ii Sex Offender Information Registration TABLE OF PROVISIONS Management of Information 13 Authorization for research Administration of database Retention of information Authority To Collect or Disclose Information 15.1 Correctional Service of Canada 15.2 Canada Border Services Agency — collection of information Prohibitions 16 Unauthorized persons Offences 17 Offence Authorizations, Designations and Regulations 18 Regulations Regulations Related Amendments to the Criminal Code Review and Report 21.1 Review by committee Consequential Amendments Access to Information Act Criminal Records Act Coordinating Provision Coming into Force *25 Coming into force Current to June 20, 2022 Last amended on June 20, 2022 iv S.C. 2004, c. 10 An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts [Assented to 1st April 2004] 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 Sex Offender Information Registration Act. Purpose and Principles Purpose 2 (1) The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. Principles (2) This Act shall be carried out in recognition of, and in accordance with, the following principles: (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders; (b) the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Purpose and Principles Sections 2-3 (c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that (i) the information be collected only to enable police services to prevent or investigate crimes of a sexual nature, and (ii) access to the information, and use and disclosure of it, be restricted. 2004, c. 10, s. 2; 2010, c. 17, s. 28. Interpretation Definitions 3 (1) The following definitions apply in this Act. database means the database that contains the information that is registered under this Act. (banque de données) finding of not criminally responsible on account of mental disorder means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité) information includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2). (renseignements) main residence means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often. (résidence principale) member of a police service includes (a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and (b) in an area in which an aboriginal police service is responsible for policing, a member of that police service. (membre d’un service de police) Ontario Act has the same meaning as in subsection 490.011(1) of the Criminal Code. (loi ontarienne) Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Interpretation Section 3 order means an order under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act. (ordonnance) person who collects information means a person who is authorized to collect information under paragraph 18(1)(b) or subsection 19(1) of this Act or paragraph 227.2(c) of the National Defence Act. (préposé à la collecte) person who registers information means a person who is authorized to register information under paragraph 18(1)(c) or subsection 19(1) of this Act or paragraph 227.2(d) of the National Defence Act. (préposé à l’enregistrement) registration centre means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1) of this Act or paragraph 227.2(e) of the National Defence Act. (bureau d’inscription) retained means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services. (agent contractuel) secondary residence means a place in Canada, other than a main residence, where a person regularly lives. (résidence secondaire) sex offender means a person who is subject to an order or to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. (délinquant sexuel) sexual offence against a child means (a) a designated offence as defined in subsection 490.011(1) of the Criminal Code that is committed against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act; or (b) an offence that is committed outside Canada against a person who is under 18 years of age and as a result of which the offender is required to comply with this Act. (infraction sexuelle visant un enfant) Interpretation (2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Interpretation Sections 3-4 (a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and (b) constitute an offence. 2004, c. 10, s. 3; 2007, c. 5, s. 32; 2010, c. 17, s. 29; 2015, c. 23, s. 21. Obligations of Sex Offenders First obligation to report 4 (1) A person who is subject to an order shall report to a registration centre referred to in section 7.1 within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after (a) the order is made, if they are convicted of the offence in connection with which the order is made and (i) they are not given a custodial sentence, (ii) they are ordered to serve a sentence of imprisonment intermittently under subsection 732(1) of the Criminal Code, or (iii) they are the subject of a conditional sentence order made under section 742.1 of the Criminal Code; (b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made; (b.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made; (b.2) the imprisonment or detention to which they are sentenced for the offence in connection with which the order is made is suspended under section 215 or 216 of the National Defence Act; (c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or (d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Sections 4-4.1 First obligation to report (2) A person who is subject to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act shall report to a registration centre referred to in section 7.1 (a) if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and (b) in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after (i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, (i.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act, (i.2) an imprisonment or a detention to which they are sentenced is suspended under section 215 or 216 of the National Defence Act, (ii) they are released from custody pending the determination of an appeal, or (iii) they are released from custody after serving the custodial portion of a sentence. Means of reporting (3) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person. If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations. Compliance before leaving Canada (4) A sex offender shall not leave Canada before they report under this section. 2004, c. 10, s. 4; 2007, c. 5, s. 33; 2010, c. 17, s. 30. Subsequent obligation to report 4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1, (a) within seven days after they change their main residence or any secondary residence or, if they are Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Sections 4.1-4.3 required to report to a registration centre designated under the National Defence Act, within 15 days after the change; (b) within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; (b.1) within seven days after they receive a driver’s licence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; (b.2) within seven days after they receive a passport or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after they receive it; and (c) at any time between 11 months and one year after they last reported to a registration centre under this Act. Means of reporting (2) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations. 2004, c. 10, s. 4.1; 2007, c. 5, s. 34; 2010, c. 17, s. 31; 2015, c. 23, s. 22. More than one order or obligation 4.2 A person shall report on the reporting dates established under only the most recent order or obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. 2004, c. 10, s. 4.2; 2007, c. 5, s. 35; 2010, c. 17, s. 32. Temporarily outside Canada 4.3 (1) A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than seven days after they return to Canada. Canadian Forces (2) Subsection (1) does not apply to a sex offender who is required to report to a registration centre designated Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Sections 4.3-5 under the National Defence Act while they are outside Canada. 2004, c. 10, s. 4.3; 2007, c. 5, s. 36; 2010, c. 17, s. 33. Obligation to provide information 5 (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre: (a) their given name and surname, and every alias that they use; (b) their date of birth and gender; (c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place; (d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there; (d.1) if applicable, their status as an officer or a noncommissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection; (e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place; (f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession; (g) their height and weight and a description of every physical distinguishing mark that they have; (h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly; (i) the licence number and the name of the issuing jurisdiction of every driver’s licence that they hold; and (j) the passport number and the name of the issuing jurisdiction of every passport that they hold. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Sections 5-6 Additional information (2) When a sex offender reports to a registration centre, the person who collects the information from them may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act. Additional information (3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken. 2004, c. 10, s. 5; 2007, c. 5, s. 37; 2010, c. 17, s. 34; 2015, c. 23, s. 23. Notification of change of information — paragraph 5(1)(d) 5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d). 2010, c. 17, s. 35. Notification of absence 6 (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1 (a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada or outside Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days; (b) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada or outside Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and (c) before departure or, if it is later, within seven days after the day on which the change is made — of a change in address, location or date. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Section 6 Sex offender convicted of sex offence against child (1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1 (a) before the sex offender’s departure — of the dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days; (b) before their departure, of the dates of their departure and return and of every address or location at which they expect to stay outside Canada; (c) within seven days after their departure — of the date of their return and of every address or location at which they are staying in Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); (d) without delay, after their departure — of the date of their return and of every address or location at which they are staying outside Canada — if they decide, after departure, to extend their stay beyond the date of return that they indicated in the notification they gave under paragraph (b) or if they have not given a notification under paragraph (b); and (e) of a change in address, location or date, before their departure or (i) if the change is made after their departure and they are staying in Canada, within seven days after the date on which the change is made, or (ii) if the change is made after their departure and they are staying outside Canada, without delay after the date on which the change is made. Canadian Forces (1.1) A sex offender who is required to notify a person who collects information at a registration centre designated under the National Defence Act and who requests the Chief of the Defence Staff to make a determination under section 227.16 of that Act shall provide the information relating to the operation within seven days after the date of their departure unless the determination is made during that period. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Obligations of Sex Offenders Sections 6-8 Means of notification (2) If a sex offender is required to provide notification to a registration centre designated under this Act, they shall provide the notification by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to provide notification to a registration centre designated under the National Defence Act, they shall provide the notification by registered mail unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall provide the notification in accordance with those regulations. 2004, c. 10, s. 6; 2007, c. 5, s. 38; 2010, c. 17, s. 36; 2015, c. 23, s. 24. Young sex offender 7 A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected. Registration centre 7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located. 2007, c. 5, s. 39; 2010, c. 17, s. 37. Responsibilities of Persons Who Collect and Register Information Registration of information 8 When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner shall (a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order: (i) their given name and surname, (ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists, Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Sections 8-8.1 (iii) every offence to which the order relates, (iv) when and where the offence or offences were committed, (v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences, (vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person, (vi.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information, (vii) the date and duration of the order, and (viii) the court that made the order; and (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality. 2004, c. 10, s. 8; 2007, c. 5, s. 40; 2010, c. 17, s. 38. Registration of information — obligations 8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database only the following information, as applicable, relating to the person named in the notice or Form 1, as the case may be: (a) their given name and surname; (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists; (c) the date on which the notice was served; (d) every offence listed in the notice or form; (e) when and where the offence or offences were committed; (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences; Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Section 8.1 (g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person; (g.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information; (h) the expected duration of the obligation; and (i) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act. Registration of information — termination orders (2) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(2) of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that a termination order was made. Registration of information — exemption orders (3) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the fact that a person has applied in that jurisdiction for an exemption order under section 490.023 or 490.02905 of the Criminal Code. Registration of information — exemption orders (4) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in section 490.025 or 490.02907 of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that the court refused to make an exemption order under subsection 490.023(2) or 490.02905(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order. Registration of information (5) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the day on which the custodial portion of a sex offender’s sentence or detention in custody begins, the days on which they are or are expected to be outside penitentiary as defined in Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Sections 8.1-8.2 subsection 2(1) of the Corrections and Conditional Release Act or outside the provincial correctional facility, the address or location at which they stay or are expected to stay during that period and the date of their release or discharge if (a) the sex offender was prosecuted in that jurisdiction for the offence to which the sentence or detention relates; and (b) the offence was not prosecuted under the National Defence Act. Registration of information — Canada Border Services Agency (5.1) A person who registers information for the Commissioner of the Royal Canadian Mounted Police may register in the database the information disclosed to the Commissioner under subsection 15.2(2). Confidentiality and copy of information (6) A person who registers information under this section shall (a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and (b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay. 2007, c. 5, s. 41; 2010, c. 17, s. 39; 2015, c. 23, s. 25. Registration of information — Canadian Forces 8.2 (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order: (a) their given name and surname; (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists; (c) every offence to which the order relates; Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Section 8.2 (d) when and where the offence or offences were committed; (e) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences; (f) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person; (f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and (g) the date and duration of the order. Registration of information — Canadian Forces (2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice: (a) their given name and surname; (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists; (c) the date on which the notice was served; (d) every offence listed in the notice; (e) when and where the offence or offences were committed; (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences; (g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person; (g.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and (h) the expected duration of the person’s obligation under section 227.06 of the National Defence Act. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Section 8.2 Registration of information — Canadian Forces (3) When the Canadian Forces Provost Marshal receives a notice referred to in subsection 227.04(3), 227.13(3) or 240.5(3) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a termination order was made. Registration of information — Canadian Forces (4) A person who registers information for the Canadian Forces Provost Marshal may register in the database the fact that a person has applied for an exemption order under section 227.1 of the National Defence Act. Registration of information — Canadian Forces (5) When the Canadian Forces Provost Marshal receives a notice referred to in section 227.11 of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a court martial refused to make an exemption order under subsection 227.1(4) of that Act or that the Court Martial Appeal Court dismissed an appeal from such a decision or quashed an exemption order. Registration of information — Canadian Forces (6) If a sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates, a person who registers information for the Canadian Forces Provost Marshal may register in the database (a) the day on which the custodial portion of the sex offender’s sentence or detention in custody begins; (b) the days on which they are or are expected to be outside the service prison or detention barrack as defined in subsection 2(1) of that Act and the address or location at which they stay or are expected to stay during that period; and (c) the date of their release or discharge. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Sections 8.2-9 Registration of information — Canadian Forces (7) A person who registers information for the Canadian Forces Provost Marshal shall register without delay in the database (a) the fact that a person is the subject of a determination under subsection 227.15(1) of the National Defence Act, the effect of the determination on the person, the date on which the suspension of the time limit, proceeding or obligation first applies and the date on which it ceases to apply; (b) the fact that a person is the subject of a determination under subsection 227.16(1) of the National Defence Act and the date on which the determination was made; and (c) the fact that a person has become, or has ceased to be, subject to a regulation made under paragraph 227.2(a) or (e) of the National Defence Act. Confidentiality and copy of information (8) A person who registers information under this section shall (a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and (b) once the information is registered under any of subsections (2) to (7), on request, send the sex offender or the person served with a notice under section 227.08 of the National Defence Act a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay. 2007, c. 5, s. 41; 2010, c. 17, s. 40; 2013, c. 24, s. 130(F). Information to be given to sex offender 9 (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of (a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and (b) the purpose for which the information is being collected. Fingerprints (2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Sections 9-11 registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity. Destruction of fingerprints (3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay. Privacy and confidentiality (4) The person who collects information shall ensure that (a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and (b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality. Registration of information 10 A person who registers information collected at a registration centre (a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay in the database only the information collected under sections 5 and 6, the date on which the sex offender reported or provided notification to the registration centre and the province of registration; (b) may register at any time in the database the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and (c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality. 2004, c. 10, s. 10; 2007, c. 5, s. 42. Copy of information 11 A person who collects information at a registration centre shall, free of charge, (a) either give a copy of the information collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Responsibilities of Persons Who Collect and Register Information Sections 11-12 delay after it is collected, if they report other than in person; (b) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected; (c) send the sex offender a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (a) is registered; and (d) at the request of the sex offender, send them a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (b) is registered. 2004, c. 10, s. 11; 2007, c. 5, s. 43. Request for correction of information 12 (1) Subject to subsection (2), a sex offender or a person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act may, at any time, ask a person who collects information at the registration centre referred to in section 7.1 to correct any information relating to them that is registered in the database and that they believe contains an error or omission. Request for correction of information (2) The request shall be made to the Canadian Forces Provost Marshal if the information is registered in the database under section 8.2. Correction or notation (3) The person to whom the request is made shall, without delay, ensure that (a) information in the database is corrected if they are satisfied that the information contains an error or omission; or (b) a notation is attached to the information in the database that reflects any correction that is requested but not made. 2004, c. 10, s. 12; 2007, c. 5, s. 44; 2013, c. 24, s. 130(F). Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Management of Information Sections 13-15 Management of Information Authorization for research 13 (1) The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database, compare the information with other information or, by electronic means, combine the information with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code, for research or statistical purposes. Conditions (2) The Commissioner shall not provide the authorization unless the Commissioner (a) is satisfied that those purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and (b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other information will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates. 2004, c. 10, s. 13; 2007, c. 5, s. 45. Administration of database 14 The database is to be administered by the Royal Canadian Mounted Police. 2004, c. 10, s. 14; 2010, c. 17, s. 41(E). Retention of information 15 (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database indefinitely. Permanent removal and destruction of information (2) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an order shall be destroyed and permanently removed from the database if (a) the person who is subject to the order is finally acquitted of every offence in connection with which the order was made or receives a free pardon granted Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Management of Information Sections 15-15.1 under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence; or (b) the sentence for every offence in connection with which the order was made ceases to have force and effect under subsection 249.11(2) of the National Defence Act. Permanent removal and destruction of information (3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if (a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence or is the subject of an expungement order under the Expungement of Historically Unjust Convictions Act for every such offence; (b) the sentence for every offence to which the obligation relates ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or (c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection. 2004, c. 10, s. 15; 2007, c. 5, s. 46; 2010, c. 17, s. 42; 2018, c. 11, s. 30. Authority To Collect or Disclose Information Correctional Service of Canada 15.1 (1) The Correctional Service of Canada may disclose to a person who registers information (a) the day on which a sex offender is received into a penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act; (b) if a sex offender is expected to be temporarily outside penitentiary for seven or more days, the days on which they are expected to be outside, the days on Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Authority To Collect or Disclose Information Sections 15.1-15.2 which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and (c) the date of a sex offender’s release or discharge. Provincial correctional authority (2) The person in charge of a provincial correctional facility may disclose to a person who registers information (a) the day on which a sex offender is received into the facility; (b) if a sex offender is expected to be temporarily outside the facility for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and (c) the date of a sex offender’s release or discharge. Canadian Forces (3) The person in charge of a service prison or detention barrack as defined in subsection 2(1) of the National Defence Act may disclose to a person who registers information (a) the day on which a sex offender is received into the prison or barrack; (b) if a sex offender is expected to be temporarily outside the prison or barrack for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and (c) the date of a sex offender’s release or discharge. 2010, c. 17, s. 43. Canada Border Services Agency — collection of information 15.2 (1) The Canada Border Services Agency may assist a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence by collecting the information disclosed to it under paragraph 16(4)(j.2) or (j.3) as well as the following information with respect to any sex offender who is the subject of a disclosure made under those paragraphs: (a) the date of their departure from Canada; Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Authority To Collect or Disclose Information Sections 15.2-16 (b) the date of their return to Canada; and (c) every address or location at which they have stayed outside Canada. Canada Border Services Agency — disclosure of information (2) The Canada Border Services Agency may, in assisting the member or employee of, or person retained by, a police service referred to in subsection (1), disclose to the Commissioner of the Royal Canadian Mounted Police any information collected under paragraphs (1)(a) to (c). 2015, c. 23, s. 27. Prohibitions Unauthorized persons 16 (1) No person shall exercise any function or perform any duty under this Act that they are not authorized under this Act to exercise or perform. Unauthorized consultation (2) No person shall consult any information that is collected under this Act or registered in the database, unless they are (a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code; (b) a person who collects information at a registration centre designated under this Act in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act; (b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act; Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Prohibitions Section 16 (c) a person who collects or registers information who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament; (d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes; (e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act, under subsection 490.03(1) or (2) of the Criminal Code or under subsection 227.18(1) or 227.19(1) of the National Defence Act; or (f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information for the purpose of administering the database and who does so for that purpose. Unauthorized comparison of information (3) No person shall compare any information that is collected under this Act or registered in the database with any other information unless (a) the information was consulted in accordance with paragraph (2)(a) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature; (b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act; (b.1) the information was collected under subsection 15.2(1) and they compare it with other information for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Prohibitions Section 16 (c) they compare the information in accordance with an authorization under section 13. Unauthorized combination or linking of information (3.1) No person shall, by electronic means, combine any information that is collected under this Act or registered in the database with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code unless (a) they combine the information that is registered in the database with, or link it to, information contained in the sex offender registry established under the Ontario Act, for the purpose of registering information under section 8, 8.1 or 10; (a.1) the information was consulted in accordance with paragraph (2)(a) and they combine it with, or link it to, law enforcement information for the purpose of preventing or investigating a crime of a sexual nature; (a.2) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they combine it with, or link it to, law enforcement information for the purpose of verifying the sex offender’s compliance with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031 or 490.0311 of the Criminal Code, an offence under either of those provisions that is punishable under section 130 of the National Defence Act or an offence under section 119.1 of that Act; (a.3) the information was collected under subsection 15.2(1) and they combine it with information contained in a computer system of the Canada Border Services Agency for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or (b) they combine or link information in accordance with an authorization under section 13. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Prohibitions Section 16 Unauthorized disclosure (4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed, (a) unless the disclosure is to the sex offender, or the person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act, to whom the information relates; (b) unless the disclosure is expressly authorized under this Act, the Criminal Code or the National Defence Act; (c) unless the disclosure is to a member or an employee of, or a person retained by, a police service and is necessary (i) to enable them to investigate an offence under section 17 or to lay a charge for such an offence, (ii) to enable them to prevent or investigate a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or to enable them to lay a charge for such an offence, or (iii) to enable them to investigate a criminal offence or a service offence within the meaning of subsection 2(1) of the National Defence Act or to lay a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii); (d) unless the disclosure is to a prosecutor and is necessary to enable the prosecutor to determine whether a charge for an offence resulting from an investigation referred to in paragraph (c) should be laid; (e) unless the disclosure is to a person who is responsible under the National Defence Act for laying, referring or preferring a charge for a service offence and to a person who provides legal advice with respect to the charge, and the disclosure is necessary to enable them to determine whether a charge for a service offence resulting from an investigation referred to in paragraph (c) should be laid, referred or preferred; (f) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a search warrant in connection with an investigation Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Prohibitions Section 16 referred to in paragraph (c), and the information is relevant to the application; (g) unless the disclosure is to a person who is authorized under the National Defence Act to issue a search warrant in connection with the investigation of a service offence and to a person who provides legal advice with respect to the issuance of the search warrant, and the information is relevant to an application for a search warrant in connection with an investigation referred to in paragraph (c); (h) unless the information disclosed is relevant to the proceeding, appeal or review and the disclosure is (i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or a superior court of criminal jurisdiction, as defined in section 2 of the Criminal Code, or a court martial, as defined in subsection 2(1) of the National Defence Act, (ii) to the Attorney General within the meaning of section 2 of the Criminal Code, or the Minister of National Defence or counsel instructed by the Minister, in connection with an appeal of a decision made in such a proceeding, (iii) to the court or military judge presiding over the proceeding or appeal, or (iv) to a review authority referred to in section 163.6 of the National Defence Act for its review under that section and to a person who provides legal advice to the review authority in connection with that review; (i) unless the disclosure to the person is necessary to assist an investigation of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed; (j) unless the disclosure is to an employee of, or a person retained by, a person referred to in any of paragraphs (d) to (i) who is authorized by that person to receive information disclosed under that paragraph on their behalf; (j.1) unless the disclosure is to a member or an employee of, or a person retained by, a police service outside Canada and is necessary to assist them in the prevention or investigation of a crime of a sexual nature; (j.2) unless the disclosure is to the Canada Border Services Agency, is limited to the information referred Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Prohibitions Sections 16-17 to in paragraphs 5(1)(a), (b), (i) and (j) and is necessary to assist a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; (j.3) unless the disclosure is to the Canada Border Services Agency, relates to a sex offender who is convicted of a sexual offence against a child and who poses a high risk of committing a crime of a sexual nature, is limited to the information referred to in paragraphs 5(1)(a), (b), (i) and (j) and is made for the purpose of assisting a member or an employee of, or a person retained by, a police service in the prevention or investigation of a crime of a sexual nature or an offence under section 490.031 or 490.0311 of the Criminal Code or in the laying of a charge for such an offence; or (k) unless the disclosure is by a person who is authorized under section 13 to consult information that is registered in the database or to compare or combine that information with, or link it to, other information, the disclosure is for research or statistical purposes and it is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates. Unauthorized use (5) No person shall use any information that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than that for which it is consulted, compared, combined, linked or disclosed, as the case may be, under this section. 2004, c. 10, s. 16; 2007, c. 5, s. 47; 2010, c. 17, s. 44; 2015, c. 23, s. 28; 2019, c. 15, s. 59. Offences Offence 17 Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. 2004, c. 10, s. 17; 2007, c. 5, s. 48. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Authorizations, Designations and Regulations Sections 18-19 Authorizations, Designations and Regulations Regulations 18 (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations (a) respecting the means by which designated classes of persons may report under section 4.1 or 4.3, or provide notification under section 6, to registration centres designated under paragraph (d); (b) authorizing persons or classes of persons in the province to collect information; (c) authorizing persons or classes of persons in the province to register information; and (d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre. Regulations (2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)(a) if the Governor in Council does not make a regulation with respect to that matter that applies in the province. Regulations cease to apply (3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province. 2004, c. 10, s. 18; 2007, c. 5, s. 49. Regulations 19 (1) Subject to subsection (2), the Governor in Council may, by regulation, exercise any power of the lieutenant governor in council of a province under any of paragraphs 18(1)(a) to (d) if the lieutenant governor in council of the province does not make a regulation under that paragraph. Regulations cease to apply (2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)(a) to (d) ceases to apply in a province if Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Authorizations, Designations and Regulations Sections 19-21.1 the lieutenant governor in council of the province makes a regulation under that paragraph. Regulations (3) The Governor in Council may make regulations (a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act; (b) respecting the retention and maintenance, and the protection of information that is registered in the database; (c) respecting the registration of photographs taken under subsection 5(3); (d) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and (e) generally for carrying out the purposes and provisions of this Act. Related Amendments to the Criminal Code 20 [Amendment] 21 [Amendment] Review and Report Review by committee 21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose. Report (2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend. Current to June 20, 2022 Last amended on June 20, 2022 Sex Offender Information Registration Consequential Amendments Sections 22-25 Consequential Amendments Access to Information Act 22 [Amendment] Criminal Records Act 23 [Amendment] Coordinating Provision 24 [Amendment] Coming into Force Coming into force 25 This Act comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force December 15, 2004, see SI/2004-157.] Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION Security of Canada Information Disclosure Act S.C. 2015, c. 20, s. 2 NOTE [Enacted by section 2 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/ 2015-64.] Current to June 20, 2022 Last amended on August 1, 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 1, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 1, 2019 TABLE OF PROVISIONS An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada Short Title 1 Short title Interpretation 2 Definitions Purpose and Principles 3 Purpose Guiding principles Disclosure of Information 5 Disclosure of information to institution listed in Schedule 3 5.1 Requirement to destroy or return Clarification No presumption 7.1 Clarification Non-derogation Record Keeping 9 Obligation — disclosing institution Powers of Governor in Council 10 Regulations SCHEDULE 1 Excluded Institutions SCHEDULE 2 Additional Institutions SCHEDULE 3 Current to June 20, 2022 Last amended on August 1, 2019 ii S.C. 2015, c. 20, s. 2 An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada [Assented to 18th June 2015] Preamble Whereas the people of Canada are entitled to live free from threats to their lives and their security; Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly; Whereas there is no more fundamental role for a government than protecting its country and its people; Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state; Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution; Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada; Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy; Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Short Title Sections 1-2 And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of 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 Security of Canada Information Disclosure Act. 2015, c. 20, s. 2 “1”; 2019, c. 13, s. 114(E). Interpretation Definitions 2 (1) The following definitions apply in this Act. activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes (a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety; (b) changing or unduly influencing a government in Canada by force or unlawful means; (c) espionage, sabotage or covert foreign-influenced activities; (d) terrorism; (e) proliferation of nuclear, chemical, radiological or biological weapons; (f) significant or widespread interference with critical infrastructure; (g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Interpretation Sections 2-4 (h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada) (i) [Repealed, 2019, c. 13, s. 115] Government of Canada institution means (a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or (b) an institution that is listed in Schedule 2. (institution fédérale) people of Canada [Repealed, 2019, c. 13, s. 115] Exception (2) For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada. 2015, c. 20, s. 2 “2”; 2019, c. 13, s. 89; 2019, c. 13, s. 115. Purpose and Principles Purpose 3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada. 2015, c. 20, s. 2 “3”; 2019, c. 13, s. 116(E). Guiding principles 4 The disclosure of information under this Act is to be guided by the following principles: (a) effective and responsible disclosure of information protects Canada and Canadians; (b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information; (c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Purpose and Principles Sections 4-5.1 regularly discloses information to the same Government of Canada institution; (d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and (e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act. 2015, c. 20, s. 2 “4”; 2019, c. 13, s. 117. Disclosure of Information Disclosure of information to institution listed in Schedule 3 5 (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that (a) the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and (b) the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances. Statement regarding accuracy and reliability (2) An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained. 2015, c. 20, s. 2 “5”; 2019, c. 13, s. 118. Requirement to destroy or return 5.1 (1) A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Disclosure of Information Sections 5.1-8 lawful authority, in respect of activities that undermine the security of Canada. Exception (2) Subsection (1) does not apply if the retention of the information is required by law. Canadian Security Intelligence Service Act (3) Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act. 2019, c. 13, s. 118. Clarification 6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5. 2015, c. 20, s. 2 “6”; 2019, c. 13, s. 118. No presumption 7 The act of disclosing information under this Act does not create a presumption (a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or (b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution. Clarification 7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act. 2019, c. 13, s. 118.1. Non-derogation 8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Disclosure of Information Sections 8-9 a provincial Act, at common law or under the royal prerogative. Record Keeping Obligation — disclosing institution 9 (1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out (a) a description of the information; (b) the name of the individual who authorized its disclosure; (c) the name of the recipient Government of Canada institution; (d) the date on which it was disclosed; (e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and (f) any other information specified by the regulations. Obligation — recipient institution (2) Every Government of Canada institution that receives information under this Act must prepare and keep records that set out (a) a description of the information; (b) the name of the institution that disclosed it; (c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information; (d) the date on which it was received by the recipient institution; (e) whether the information has been destroyed or returned under subsection 5.1(1); (f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed; (g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and (h) any other information specified by the regulations. Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing Record Keeping Sections 9-10 Copy to National Security and Intelligence Review Agency (3) Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information. 2015, c. 20, s. 2 “9”; 2019, c. 13, s. 119. Powers of Governor in Council Regulations 10 (1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the manner of disclosure under section 5; (b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and (c) respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept. Amendments to Schedules 1 and 2 (2) The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules. Amendments to Schedule 3 (3) The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada. 2015, c. 20, s. 2 “10”; 2019, c. 13, s. 120. Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing SCHEDULE 1 Excluded Institutions SCHEDULE 1 (Section 2 and subsection 10(2)) Excluded Institutions Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing SCHEDULE 2 Additional Institutions SCHEDULE 2 (Section 2 and subsection 10(2)) Additional Institutions 2015, c. 20, s. 2 “Sch. 2”; 2019, c. 13, s. 73. Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing SCHEDULE 3 SCHEDULE 3 (Subsections 5(1) and 10(3)) Recipient Government of Canada Institutions and Their Heads Column 1 Recipient Institution Column 2 Head President of the Canada Canada Border Services Agency Agence des services frontaliers du Border Services Agency Canada Commissioner of Revenue Canada Revenue Agency Agence du revenu du Canada Canadian Armed Forces Forces armées canadiennes Chief of the Defence Staff Canadian Food Inspection Agency Agence canadienne d’inspection des aliments President of the Canadian Food Inspection Agency President of the Canadian Canadian Nuclear Safety Nuclear Safety Commission Commission canadienne de sûreté Commission nucléaire Director of the Canadian Canadian Security Intelligence Security Intelligence Service Service Service canadien du renseignement de sécurité Communications Security Establishment Centre de la sécurité des télécommunications Chief of the Communications Security Establishment Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration Minister of Citizenship and Immigration Department of Finance Ministère des Finances Minister of Finance Minister of Foreign Affairs Department of Foreign Affairs, Trade and Development Ministère des Affaires étrangères, du Commerce et du Développement Minister of Health Department of Health Ministère de la Santé Minister of National Department of National Defence Ministère de la Défense nationale Defence Minister of Public Safety Department of Public Safety and and Emergency Emergency Preparedness Ministère de la Sécurité publique Preparedness et de la Protection civile Department of Transport Ministère des Transports Minister of Transport Financial Transactions and Reports Director of the Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et Analysis Centre of Canada déclarations financières du Canada Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing SCHEDULE 3 Column 1 Recipient Institution Public Health Agency of Canada Agence de la santé publique du Canada Royal Canadian Mounted Police Gendarmerie royale du Canada Column 2 Head President of the Public Health Agency of Canada Commissioner of the Royal Canadian Mounted Police 2015, c. 20, ss. 2 “Sch. 3”, 9. Current to June 20, 2022 Last amended on August 1, 2019 Security of Canada Information Sharing RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 13, par. 82 (1) (e) References 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department: (e) Schedule 3 to the Security of Canada Information Disclosure Act; Current to June 20, 2022 Last amended on August 1, 2019

CONSOLIDATION Statutory Instruments Act R.S.C., 1985, c. S-22 Current to June 20, 2022 Last amended on June 18, 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 June 18, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 18, 2015 TABLE OF PROVISIONS An Act to provide for the examination, publication and scrutiny of regulations and other statutory instruments Short Title 1 Short title Interpretation 2 Definitions Examination of Proposed Regulations 3 Proposed regulations sent to Clerk of Privy Council Doubt as to nature of proposed statutory instrument Transmission and Registration 5 Transmission of regulations to Clerk of Privy Council Registration of statutory instruments Refusal to register Power to Revoke Regulations 8 Revocation of regulations by Governor in Council Coming into Force of Regulations 9 Coming into force Publication in Canada Gazette 10 Official gazette of Canada Regulations to be published in Canada Gazette Power to direct or authorize publication in Canada Gazette Indexes 14 Quarterly consolidated index of regulations Revisions and Consolidations of Regulations 15 Power to request revision or consolidation Current to June 20, 2022 Last amended on June 18, 2015 ii Statutory Instruments TABLE OF PROVISIONS Judicial Notice of Statutory Instruments 16 Judicial notice Right of Access to Statutory Instruments 17 Inspection of statutory instruments Copies of statutory instruments Incorporation by Reference 18.1 Power to incorporate documents by reference 18.2 Impact of section 18.1 18.3 Accessibility 18.4 No registration or publication 18.5 Proof of incorporated document, index, rate or number 18.6 No finding of guilt or administrative sanction 18.7 Validity of incorporation Scrutiny by Parliament of Statutory Instruments 19 Statutory instruments referred to Scrutiny Committee 19.1 Resolution to revoke a regulation Regulations 20 Regulations Current to June 20, 2022 Last amended on June 18, 2015 iv R.S.C., 1985, c. S-22 An Act to provide for the examination, publication and scrutiny of regulations and other statutory instruments Short Title Short title 1 This Act may be cited as the Statutory Instruments Act. 1970-71-72, c. 38, s. 1. Interpretation Definitions 2 (1) In this Act, prescribed means prescribed by regulations made pursuant to this Act; (Version anglaise seulement) regulation means a statutory instrument (a) made in the exercise of a legislative power conferred by or under an Act of Parliament, or (b) for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament, and includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, and any instrument described as a regulation in any other Act of Parliament; (règlement) regulation-making authority means any authority authorized to make regulations and, with reference to any particular regulation or proposed regulation, means the authority that made or proposes to make the regulation; (autorité réglementaire) statutory instrument Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Interpretation Section 2 (a) means any rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established (i) in the execution of a power conferred by or under an Act of Parliament, by or under which that instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which that instrument relates, or (ii) by or under the authority of the Governor in Council, otherwise than in the execution of a power conferred by or under an Act of Parliament, but (b) does not include (i) any instrument referred to in paragraph (a) and issued, made or established by a corporation incorporated by or under an Act of Parliament unless (A) the instrument is a regulation and the corporation by which it is made is one that is ultimately accountable, through a Minister, to Parliament for the conduct of its affairs, or (B) the instrument is one for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament, (ii) any instrument referred to in paragraph (a) and issued, made or established by a judicial or quasijudicial body, unless the instrument is a rule, order or regulation governing the practice or procedure in proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, (iii) any instrument referred to in paragraph (a) and in respect of which, or in respect of the production or other disclosure of which, any privilege exists by law or whose contents are limited to advice or information intended only for use or assistance in the making of a decision or the determination of policy, or in the ascertainment of any matter necessarily incidental thereto, or (iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act, of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule. (texte réglementaire) Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Interpretation Sections 2-3 Determination of whether certain instruments are regulations (2) In applying the definition regulation in subsection (1) for the purpose of determining whether an instrument described in subparagraph (b)(i) of the definition statutory instrument in that subsection is a regulation, that instrument shall be deemed to be a statutory instrument, and any instrument accordingly determined to be a regulation shall be deemed to be a regulation for all purposes of this Act. R.S., 1985, c. S-22, s. 2; 1993, c. 28, s. 78; 1998, c. 15, s. 38; 2002, c. 7, s. 236; 2014, c. 2, s. 27; 2015, c. 33, s. 3(F). Examination of Proposed Regulations Proposed regulations sent to Clerk of Privy Council 3 (1) Subject to any regulations made pursuant to paragraph 20(a), where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Clerk of the Privy Council three copies of the proposed regulation in both official languages. Examination (2) On receipt by the Clerk of the Privy Council of copies of a proposed regulation pursuant to subsection (1), the Clerk of the Privy Council, in consultation with the Deputy Minister of Justice, shall examine the proposed regulation to ensure that (a) it is authorized by the statute pursuant to which it is to be made; (b) it does not constitute an unusual or unexpected use of the authority pursuant to which it is to be made; (c) it does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights; and (d) the form and draftsmanship of the proposed regulation are in accordance with established standards. Advise regulation-making authority (3) When a proposed regulation has been examined as required by subsection (2), the Clerk of the Privy Council shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in paragraph (2)(a), (b), (c) or (d) to which, in the opinion of the Deputy Minister of Justice, based on that examination, the attention of the regulation-making authority should be drawn. Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Examination of Proposed Regulations Sections 3-6 Application (4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in proceedings before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada or the Court Martial Appeal Court. R.S., 1985, c. S-22, s. 3; R.S., 1985, c. 31 (1st Supp.), s. 94, c. 51 (4th Supp.), s. 22; 2002, c. 8, s. 174; 2015, c. 33, s. 3(F). Doubt as to nature of proposed statutory instrument 4 Where any regulation-making authority or other authority responsible for the issue, making or establishment of a statutory instrument, or any person acting on behalf of such an authority, is uncertain as to whether a proposed statutory instrument would be a regulation if it were issued, made or established by that authority, it or he shall cause a copy of the proposed statutory instrument to be forwarded to the Deputy Minister of Justice who shall determine whether or not the instrument would be a regulation if it were so issued, made or established. R.S., 1985, c. S-22, s. 4; 2015, c. 33, s. 3(F). Transmission and Registration Transmission of regulations to Clerk of Privy Council 5 (1) Subject to any regulations made pursuant to paragraph 20(b), every regulation-making authority shall, within seven days after making a regulation, transmit copies of the regulation in both official languages to the Clerk of the Privy Council for registration pursuant to section 6. Copies to be certified (2) One copy of each of the official language versions of each regulation that is transmitted to the Clerk of the Privy Council pursuant to subsection (1), other than a regulation made or approved by the Governor in Council, shall be certified by the regulation-making authority to be a true copy thereof. R.S., 1985, c. S-22, s. 5; R.S., 1985, c. 31 (4th Supp.), s. 102; 2015, c. 33, s. 3(F). Registration of statutory instruments 6 Subject to subsection 7(1), the Clerk of the Privy Council shall register (a) every regulation transmitted to him pursuant to subsection 5(1); (b) every statutory instrument, other than a regulation, that is required by or under any Act of Parliament to be published in the Canada Gazette and is so published; and Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Transmission and Registration Sections 6-8 (c) every statutory instrument or other document that, pursuant to any regulation made under paragraph 20(g), is directed or authorized by the Clerk of the Privy Council to be published in the Canada Gazette. R.S., 1985, c. S-22, s. 6; 1993, c. 34, s. 113(F). Refusal to register 7 (1) Where any statutory instrument is transmitted or forwarded to the Clerk of the Privy Council for registration under this Act, the Clerk of the Privy Council may refuse to register the instrument if (a) he is not advised that the instrument was, before it was issued, made or established, determined by the Deputy Minister of Justice pursuant to section 4 to be one that would, if it were issued, made or established, not be a regulation; and (b) in his opinion, the instrument was, before it was issued, made or established, a proposed regulation to which subsection 3(1) applied and was not examined in accordance with subsection 3(2). Determination by Deputy Minister of Justice (2) Where the Clerk of the Privy Council refuses to register any statutory instrument for the reasons referred to in subsection (1), he shall forward a copy of the instrument to the Deputy Minister of Justice who shall determine whether or not it is a regulation. 1970-71-72, c. 38, s. 7. Power to Revoke Regulations Revocation of regulations by Governor in Council 8 No regulation is invalid by reason only that it was not examined in accordance with subsection 3(2), but where any statutory instrument that was issued, made or established without having been so examined (a) was, before it was issued, made or established, determined by the Deputy Minister of Justice pursuant to section 4 to be one that would, if it were issued, made or established, be a regulation, or (b) has, since its issue, making or establishment, been determined by the Deputy Minister of Justice pursuant to subsection 7(2) to be a regulation, the Governor in Council, on the recommendation of the Minister of Justice, may, notwithstanding the provisions of the Act by or under the authority of which the instrument was or purports to have been issued, made or Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Power to Revoke Regulations Sections 8-10 established, revoke the instrument in whole or in part and thereupon cause the regulation-making authority or other authority by which it was issued, made or established to be notified in writing of that action. R.S., 1985, c. S-22, s. 8; 2015, c. 33, s. 3(F). Coming into Force of Regulations Coming into force 9 (1) No regulation shall come into force on a day earlier than the day on which it is registered unless (a) it expressly states that it comes into force on a day earlier than that day and is registered within seven days after it is made, or (b) it is a regulation of a class that, pursuant to paragraph 20(b), is exempted from the application of subsection 5(1), in which case it shall come into force, except as otherwise authorized or provided by or under the Act pursuant to which it is made, on the day on which it is made or on such later day as may be stated in the regulation. Where regulation comes into force before registration (2) Where a regulation is expressed to come into force on a day earlier than the day on which it is registered, the regulation-making authority shall advise the Clerk of the Privy Council in writing of the reasons why it is not practical for the regulation to come into force on the day on which it is registered. R.S., 1985, c. S-22, s. 9; 2015, c. 33, s. 3(F). Publication in Canada Gazette Official gazette of Canada 10 (1) The Queen’s Printer shall continue to publish the Canada Gazette as the official gazette of Canada. Publication (2) The Governor in Council may determine the form and manner in which the Canada Gazette, or any part of it, is published, including publication by electronic means. R.S., 1985, c. S-22, s. 10; 2000, c. 5, s. 58. Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Publication in Canada Gazette Sections 11-14 Regulations to be published in Canada Gazette 11 (1) Subject to any regulations made pursuant to paragraph 20(c), every regulation shall be published in the Canada Gazette within twenty-three days after copies thereof are registered pursuant to section 6. No conviction under unpublished regulation (2) No regulation is invalid by reason only that it was not published in the Canada Gazette, but no person shall be convicted of an offence consisting of a contravention of any regulation that at the time of the alleged contravention was not published in the Canada Gazette unless (a) the regulation was exempted from the application of subsection (1) pursuant to paragraph 20(c), or the regulation expressly provides that it shall apply according to its terms before it is published in the Canada Gazette; and (b) it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of the regulation to the notice of those persons likely to be affected by it. R.S., 1985, c. S-22, s. 11; R.S., 1985, c. 31 (4th Supp.), s. 103. Power to direct or authorize publication in Canada Gazette 12 Notwithstanding anything in this Act, the Governor in Council may by regulation direct that any statutory instrument or other document, or any class thereof, be published in the Canada Gazette and the Clerk of the Privy Council, where authorized by regulations made by the Governor in Council, may direct or authorize the publication in the Canada Gazette of any statutory instrument or other document, the publication of which, in his opinion, is in the public interest. 1970-71-72, c. 38, s. 12. 13 [Repealed, 2012, c. 19, s. 476] Indexes Quarterly consolidated index of regulations 14 (1) The Clerk of the Privy Council shall prepare and the Queen’s Printer shall publish quarterly a consolidated index of all regulations and amendments to regulations in force at any time after the end of the preceding calendar year, other than any regulation that is exempted from the application of subsection 11(1) as a regulation described in subparagraph 20(c)(iii). Quarterly index of documents other than regulations (2) The Queen’s Printer shall prepare and publish a quarterly index of all documents, other than regulations, Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Indexes Sections 14-16 that have been published in the Canada Gazette during the three month period immediately preceding the month in which the index is published. 1970-71-72, c. 38, s. 14. Revisions and Consolidations of Regulations Power to request revision or consolidation 15 (1) Where the Clerk of the Privy Council, after consultation with the Deputy Minister of Justice, is of the opinion that any particular regulations should be revised or consolidated, he may request the regulation-making authority or any person acting on behalf of such authority to prepare a revision or consolidation of those regulations. Failure to comply with request (2) Where any authority or person referred to in subsection (1) fails to comply within a reasonable time with a request made pursuant to that subsection, the Governor in Council may, by order, direct that authority or person to comply with the request within such period of time as he may specify in the order. R.S., 1985, c. S-22, s. 15; 2015, c. 33, s. 3(F). Judicial Notice of Statutory Instruments Judicial notice 16 (1) A statutory instrument that has been published in the Canada Gazette shall be judicially noticed. Evidence (2) In addition to any other manner of proving the existence or contents of a statutory instrument, evidence of the existence or contents of a statutory instrument may be given by the production of a copy of the Canada Gazette purporting to contain the text of the statutory instrument. Deemed publication in Canada Gazette (3) For the purposes of this section, (a) if a regulation is included in a copy of the Consolidated Regulations of Canada, 1978 purporting to be printed by the Queen’s Printer, that regulation is deemed to have been published in the Canada Gazette; and (b) if a regulation is included in a copy of a revision of regulations purporting to be published by the Queen’s Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Judicial Notice of Statutory Instruments Sections 16-18 Printer, that regulation is deemed to have been published in the Canada Gazette. R.S., 1985, c. S-22, s. 16; 2000, c. 5, s. 59; 2012, c. 19, s. 477. Right of Access to Statutory Instruments Inspection of statutory instruments 17 Subject to any other Act of Parliament and to any regulations made pursuant to paragraph 20(d), any person may, on payment of the fee prescribed therefor, inspect (a) any statutory instrument that has been registered by the Clerk of the Privy Council, by attending at the office of the Clerk of the Privy Council or at such other place as may be designated by him and requesting that the statutory instrument be produced for inspection; or (b) any statutory instrument that has not been registered by the Clerk of the Privy Council, by attending at the head or central office of the authority that made the statutory instrument or at such other place as may be designated by that authority and requesting that the statutory instrument be produced for inspection. 1970-71-72, c. 38, s. 24. Copies of statutory instruments 18 Subject to any other Act of Parliament and to any regulations made pursuant to paragraph 20(d), any person may, on payment of the fee prescribed therefor, obtain copies of (a) any statutory instrument that has been registered by the Clerk of the Privy Council, by writing to the Clerk of the Privy Council or by attending at the office of the Clerk of the Privy Council or at such other place as may be designated by him and requesting that a copy of the statutory instrument be provided; or (b) any statutory instrument that has not been registered by the Clerk of the Privy Council, by writing to the authority that made the statutory instrument or by attending at the head or central office of the authority or at such other place as may be designated by that authority and requesting that a copy of the statutory instrument be provided. 1970-71-72, c. 38, s. 25. Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Incorporation by Reference Section 18.1 Incorporation by Reference Power to incorporate documents by reference 18.1 (1) Subject to subsection (2), the power to make a regulation includes the power to incorporate in it by reference a document — or a part of a document — as it exists on a particular date or as it is amended from time to time. Limitation (2) In the case of a document produced by the regulation-making authority, either alone or jointly with a person or body in the federal public administration, the document or part may be incorporated only if it (a) contains only elements that are incidental to or elaborate on the rules set out in the regulation and is incorporated as it exists on a particular date; (b) is reproduced or translated from a document, or part of a document, produced by a person or body other than the regulation-making authority, with any adaptations of form or reference that will facilitate its incorporation in the regulation; or (c) is a regulation. Index, rate or number (3) The power to make a regulation also includes the power to incorporate by reference an index, rate or number — as it exists on a particular date or as it is varied from time to time — established by Statistics Canada, the Bank of Canada or a person or body other than the regulation-making authority. Meaning of regulation-making authority (4) For the purposes of subsections (2) and (3), regulation-making authority includes the following: (a) if the regulation-making authority is the Governor in Council or the Treasury Board, (i) the minister who recommends the making of the regulation, (ii) the minister who is accountable to Parliament for the administration of the regulation, and (iii) any person or body — other than Statistics Canada and standards development organizations accredited by the Standards Council of Canada — for which either of those ministers is accountable to Parliament; Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Incorporation by Reference Sections 18.1-18.5 (b) if the regulation-making authority is a minister, any person or body — other than Statistics Canada and standards development organizations accredited by the Standards Council of Canada — for which that minister is accountable to Parliament; and (c) in any other case, any minister who is accountable to Parliament for the regulation-making authority. 2015, c. 33, s. 2. Impact of section 18.1 18.2 The powers conferred by section 18.1 are in addition to any power to incorporate by reference that is conferred by the Act under which a regulation is made and that section does not limit such a power. 2015, c. 33, s. 2. Accessibility 18.3 (1) The regulation-making authority shall ensure that a document, index, rate or number that is incorporated by reference is accessible. Governor in Council and Treasury Board regulations (2) If the Governor in Council or the Treasury Board is the regulation-making authority, the obligation under subsection (1) rests with the minister who is accountable to Parliament for the administration of the regulation. 2015, c. 33, s. 2. No registration or publication 18.4 For greater certainty, a document, index, rate or number that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2015, c. 33, s. 2. Proof of incorporated document, index, rate or number 18.5 (1) In any proceeding in which a document, index, rate or number — that is incorporated by reference in a regulation — is relevant, a certificate appearing to be issued by or on behalf of the regulation-making authority that includes any of the following statements is, in the absence of evidence to the contrary, presumed to be authentic and proof of the matters set out in those statements: (a) a statement that the document attached to the certificate, or the index, rate or number set out in it, is the document, index, rate or number that was incorporated in the regulation on a specified date or during a specified period; or Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Incorporation by Reference Sections 18.5-19.1 (b) a statement regarding the manner in which the incorporated document, index, rate or number was accessible on that date or during that period. Governor in Council and Treasury Board regulations (2) If the Governor in Council or the Treasury Board is the regulation-making authority, the certificate may be issued by the minister who is accountable to Parliament for the administration of the regulation. 2015, c. 33, s. 2. No finding of guilt or administrative sanction 18.6 A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document, index, rate or number — that is incorporated by reference in a regulation — is relevant unless, at the time of the alleged contravention, it was accessible as required by section 18.3 or it was otherwise accessible to that person. 2015, c. 33, s. 2. Validity of incorporation 18.7 The validity of an incorporation by reference that conforms with section 18.1 and that was made before the day on which that section comes into force is confirmed. 2015, c. 33, s. 2. Scrutiny by Parliament of Statutory Instruments Statutory instruments referred to Scrutiny Committee 19 Every statutory instrument issued, made or established after December 31, 1971, other than an instrument the inspection of which and the obtaining of copies of which are precluded by any regulations made pursuant to paragraph 20(d), shall stand permanently referred to any Committee of the House of Commons, of the Senate or of both Houses of Parliament that may be established for the purpose of reviewing and scrutinizing statutory instruments. 1970-71-72, c. 38, s. 26. Resolution to revoke a regulation 19.1 (1) Subject to subsection (2), a committee of both Houses of Parliament may make a report to the Senate and the House of Commons containing only a resolution that all or any portion of a regulation that stands permanently referred to the committee be revoked. Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Scrutiny by Parliament of Statutory Instruments Section 19.1 Notice (2) No report may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the committee adopts the report, that the committee intends to consider the report. If the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made. Only one report per sitting day (3) Not more than one report shall be laid before the Senate or the House of Commons during any sitting day of that House. Contents of report (4) In each House, the Senator or member who presents the report shall (a) state that it contains a resolution pursuant to subsection (1); (b) identify the regulation or portion of the regulation in relation to which the report is made and indicate that the text of the regulation or portion is included in the report; and (c) state that notice has been given in accordance with subsection (2). Deemed adoption (5) The resolution is deemed to have been adopted by the Senate or the House of Commons on the fifteenth sitting day after the report is presented to that House unless, before that time, a Minister files with the Speaker of that House a motion to the effect that the resolution not be adopted. Time for consideration of motion (6) The House in which the motion is filed shall meet at 1:00 o’clock p.m. on the Wednesday next, or at any later time or date fixed by unanimous consent of that House. At that time the order of business shall be the consideration of the motion. Debate (7) The motion shall be debated without interruption for not more than one hour, during which time no Senator or member may speak for more than ten minutes. On the conclusion of the debate or at the expiration of the hour, the Speaker shall immediately, without amendment or further debate, put every question necessary for the disposal of the motion. Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Scrutiny by Parliament of Statutory Instruments Sections 19.1-20 More than one motion (8) If more than one motion is made pursuant to subsection (5), the Senate or the House of Commons shall consider those motions in the order in which they may be set down for consideration at the request of a Minister, as long as the motions are grouped together for debate. Revocation of regulation (9) Where both Houses have adopted or are deemed to have adopted a resolution that all or any portion of a regulation be revoked, the authority authorized to make the regulation shall revoke the regulation or portion of the regulation no later than 30 days, or any longer period that may be specified in the resolution, after the later of the dates on which the Houses have adopted or are deemed to have adopted the resolution. Definition of sitting day (10) For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits. 2003, c. 18, s. 1. Regulations Regulations 20 The Governor in Council may make regulations, (a) exempting any proposed regulation or class of regulation from the application of subsection 3(1) where that regulation or class of regulation would, if it were made, be exempted from the application of subsection 5(1) or 11(1) as a regulation or class of regulation described in subparagraph (c)(ii); (b) exempting any class of regulation from the application of subsection 5(1) where, in the opinion of the Governor in Council, the registration thereof is not reasonably practicable due to the number of regulations of that class; (c) subject to any other Act of Parliament, exempting from the application of subsection 11(1) (i) any class of regulation that is exempted from the application of subsection 5(1), (ii) any regulation or class of regulation where the Governor in Council is satisfied that the regulation or class of regulation affects or is likely to affect only a limited number of persons and that reasonable steps have been or will be taken for the purpose of bringing the purport thereof to the notice of those persons affected or likely to be affected by it, or Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Regulations Section 20 (iii) any regulation or class of regulation where the Governor in Council is satisfied that the regulation or class of regulation is such that publication could reasonably be expected to be injurious to (A) the conduct by the Government of Canada of federal-provincial affairs, or (B) the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection; (d) precluding the inspection of and the obtaining of copies of (i) any regulation or class of regulation that has been exempted from the application of subsection 11(1) as a regulation described in subparagraph (c)(iii), (ii) any statutory instrument or class of statutory instrument other than a regulation, where the Governor in Council is satisfied that the inspection thereof and the obtaining of copies thereof could reasonably be expected to have the injurious effect described in clause (c)(iii)(A) or (B), or (iii) any statutory instrument or class of statutory instrument the inspection of which or the making of copies of which is not otherwise provided for by law, in respect of which the Governor in Council is satisfied that the inspection or making of copies thereof as provided for by this Act would, if it were not precluded by any regulation made under this section, result or be likely to result in injustice or undue hardship to any person or body affected thereby or in serious and unwarranted detriment to any such person or body in the matter or conduct of his or its affairs; (e) prescribing the manner in which a regulationmaking authority shall transmit copies of a regulation to the Clerk of the Privy Council; (f) prescribing the form and manner in which any statutory instrument shall be registered and the form and manner in which and the period of time for which records of any statutory instrument shall be maintained; (g) authorizing the Clerk of the Privy Council to direct or authorize publication in the Canada Gazette of any Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments Regulations Section 20 statutory instrument or other document, the publication of which, in the opinion of the Clerk of the Privy Council, is in the public interest; (h) respecting the form and manner in which the Canada Gazette shall be published and prescribing the classes of documents that may be published therein; (i) requiring any regulation-making authority to forward to the Clerk of the Privy Council such information relating to any regulations made by it that are exempted from the application of subsection 11(1) as will enable the Clerk of the Privy Council to carry out the obligation imposed on him by subsection 14(1); (j) respecting the form and manner in which any index of statutory instruments or any consolidation of regulations shall be prepared and published; (k) prescribing the persons or classes of persons to whom copies of any consolidation of regulations may be delivered without charge and prescribing the charge that shall be paid by any other person for a copy of any such consolidation; (l) prescribing the fee that shall be paid by any person for any inspection of a statutory instrument or for obtaining a copy thereof or the manner in which any such fee shall be determined; and (m) prescribing any matter or thing that by this Act is to be prescribed. R.S., 1985, c. S-22, s. 20; 1993, c. 34, s. 114(F); 2015, c. 33, s. 3(F). Current to June 20, 2022 Last amended on June 18, 2015 Statutory Instruments RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 417 Interim marketing authorization 417 (1) An interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest of (a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette; (b) the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act, as enacted by section 416, has the same effect as the interim marketing authorization; and (c) two years after the day on which the interim marketing authorization is published in the Canada Gazette. Exemption from Statutory Instruments Act (2) A notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act. — 2012, c. 31, s. 96 96 The Input Tax Credit Allocation Methods (GST/ HST) Regulations are deemed (a) to have been made under section 277 of the Excise Tax Act; (b) for the purposes of subsection 5(1) of the Statutory Instruments Act, to have been transmitted to the Clerk of the Privy Council for registration; and (c) to have met the publication requirements of subsection 11(1) of the Statutory Instruments Act. Current to June 20, 2022 Last amended on June 18, 2015

CONSOLIDATION Small Business Investment Grants Act S.C. 1980-81-82-83, c. 147 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 Small Business Investment Grants Short Title 1 Short title Interpretation 2 Definitions Small Business Investment Grants 3 Application for grant General 4 Regulations Recovery of grants *6 Coming into force Current to June 20, 2022 ii S.C. 1980-81-82-83, c. 147 An Act respecting Investment Grants Small Business [Assented to 27th April 1983] 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 Small Business Investment Grants Act. Interpretation Definitions 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; (ministre) person includes a partnership; (personne) prescribed means prescribed by the regulations. (Version anglaise seulement) Small Business Investment Grants Application for grant 3 (1) On application to the Minister by a person who establishes in the form and manner prescribed that he is, pursuant to the regulations, eligible to receive a grant in respect of interest payable by the person on a prescribed Current to June 20, 2022 Small Business Investment Grants Small Business Investment Grants Sections 3-5 small business investment debt obligation owed by him, the Minister may, subject to the regulations, make a grant to the person or his agent of such amount, not exceeding four per cent per annum of the principle balance outstanding from time to time of the debt obligation, as would reduce the effective rate of interest on the debt obligation for the period in respect of which the grant is made to not less than twelve per cent per annum. Authorization to pay agent (2) Where a person who is eligible to receive a grant under subsection (1) authorizes the Minister to make the grant to an agent of the person, (a) the Minister may make the grant to that agent; and (b) the authorization in respect of which the grant is made may not be amended or revoked without the consent of the Minister. Limitation (3) The Minister may only make grants under subsection (1) in respect of small business investment debt obligations that are incurred prior to April 1, 1983. General Regulations 4 The Governor in Council may make regulations prescribing anything that by this Act is to be prescribed and providing for all other matters and things as he deems necessary to carry out the provisions of this Act. Recovery of grants 5 (1) Where a grant is made to a person under section 3 and for any reason (a) the person is not entitled to the grant, (b) the amount of the grant exceeds the amount to which the person is entitled, or (c) a term or condition to which the grant is subject has not been met or has been contravened, the amount of the grant or excess, as the case may be, together with interest determined as prescribed and computed from the date the grant is made, is a debt due to Her Majesty in right of Canada and may be recovered as such from the person in any court of competent jurisdiction. Current to June 20, 2022 Small Business Investment Grants General Sections 5-6 No recovery in certain cases (2) Where a circumstance referred to in paragraph (1)(a), (b) or (c) occurs in respect of a grant made to a person under section 3 and the Minister has, under such conditions as are prescribed, advised the person in writing that the amount of the grant will not be recovered from the person in that circumstance, subsection (1) shall, effective on the date the circumstance occurred, cease to apply in respect of the grant. Offence (3) Everyone who, under this Act, submits any information or documentation, makes any statement or answers any question, whether in connection with an application for a grant or otherwise, knowing that the information, documentation, statement or answer is false or misleading or misrepresents or fails to disclose a material fact, is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both; or (b) on conviction on indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. Coming into force 6 This Act shall come into force on a day to be fixed by proclamation. * * [Note: Act in force May 19, 1983, see SI/83-112.] Current to June 20, 2022

CONSOLIDATION Softwood Lumber Products Export Charge Act, 2006 S.C. 2006, c. 13 Current to June 20, 2022 Last amended on June 17, 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 June 17, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 17, 2016 TABLE OF PROVISIONS An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence Short Title 1 Short title Interpretation 2 Definitions Conversion Interest to be paid Time of export Arm’s length Person resident in Canada Her Majesty 8 Binding on Her Majesty Application 9 Exceptions Softwood Lumber Products Export Charge Export Charge *10 Charge imposed *11 Exclusions *12 Export from a region *12.1 Higher rate *12.2 Higher rate — Ontario and Quebec *13 Definitions *14 Surge mechanism *15 Charge Exemptions 16 Exemption — schedule Current to June 20, 2022 Last amended on June 17, 2016 ii Softwood Lumber Products Export Charge, 2006 TABLE OF PROVISIONS Exempt exports Charge on Refunds of Duty Deposits 18 Definitions General Provisions Concerning Charges and Other Amounts Payable Administration, Enforcement and Officers 19 Minister’s duty Staff Administration of oaths Registration and Certification 22 Duty to register Registration Cancellation Certification of independent remanufacturers Returns and Payment of Charges 26 Monthly returns Large payments Small amounts owing Set-off of refunds Authority for separate returns Execution of returns, etc. Extension of time Demand for return Interest 34 Compound interest on amounts not paid when required Compound interest on amounts owed by Her Majesty Application of interest provisions if Act amended Waiving or cancelling interest or penalty Administrative Charge under the Financial Administration Act 38 Dishonoured instruments Refunds 39 Statutory recovery rights Refund — third country adjustment Refund of payment Current to June 20, 2022 Last amended on June 17, 2016 iv Softwood Lumber Products Export Charge, 2006 TABLE OF PROVISIONS Restriction Restriction — trustees Overpayment of refunds, etc. Bankruptcies and Corporate Reorganizations 45 Definitions Amalgamations Partnerships 47 Member of a partnership Records and Information 48 Keeping records Requirement to provide records or information Assessments 50 Assessment Assessment of refund Notice of assessment Limitation period for assessments Objections to Assessment 54 Objection to assessment Extension of time by Minister Appeal 56 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 Administration and Enforcement Penalties 64 Failure to file a return when required Failure to answer demand Failure to provide information False statements or omissions Current to June 20, 2022 Last amended on June 17, 2016 v Softwood Lumber Products Export Charge, 2006 TABLE OF PROVISIONS Offences and Punishment 68 Offence for failure to file return or to comply with demand or order Offences for false or deceptive statement Failure to pay charges Offence re confidential information General offence Defence of due diligence Compliance orders Officers of corporations, etc. Information or complaint Inspections 77 By whom Compliance order Copies Prohibition Definition of foreign-based information or record Information respecting non-resident persons Investigation 83 Search warrant Confidentiality of Information 84 Definitions Collection 85 Definitions Collection restrictions Authorization to proceed without delay Certificates Garnishment Recovery by deduction or set-off Acquisition of debtor’s property Money seized from debtor Seizure if failure to pay Person leaving Canada or defaulting Liability of directors Tax liability re transfers not at arm’s length Evidence and Procedure 97 Sending by mail Current to June 20, 2022 Last amended on June 17, 2016 v Softwood Lumber Products Export Charge, 2006 TABLE OF PROVISIONS Proof of sending by mail Payments to Provinces 99 Distribution of revenue Regulations 100 Regulations — general Effect Expiry 102 Regulation Payment to Accounts 103 Payment Transitional Provisions 104 Transitional period Month Section 64 Retroactive regulations Retroactive regulations — Export and Import Permits Act Amendments to the Export and Import Permits Act Consequential Amendments Access to Information Act Canada Revenue Agency Act Tax Court of Canada Act Coordinating Amendment Coming into Force 126 Coming into force SCHEDULE Exempt Persons Current to June 20, 2022 Last amended on June 17, 2016 vi S.C. 2006, c. 13 An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence [Assented to 14th December 2006] 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 Softwood Lumber Products Export Charge Act, 2006. Interpretation Definitions 2 The following definitions apply in this Act. Agency means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. (Agence) assessment means an assessment or a reassessment under this Act. (cotisation) 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) Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Interpretation Section 2 board foot means a unit of measurement of lumber equal to 12 inches × 12 inches × 1 inch, and one thousand board feet is equal to 2.35974 cubic metres or 92.90227 square metres of lumber. (pied-planche) calendar quarter means a period of three months beginning on the first day of January, April, July or October. (trimestre) Commissioner means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. (commissaire) data means representations, in any form, of information or concepts. (données) 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) Minister means the Minister of National Revenue. (ministre) person means an individual, partnership, corporation, or a body that is a union or association. (personne) 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; and (c) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. (Version anglaise seulement) primary processing means the production of softwood lumber products from softwood sawlogs. (première transformation) record means any material on which data are recorded or marked and that is capable of being read or understood by a person or a computer system or other device. (registre) region has the same meaning as in subsection 6.3(1) of the Export and Import Permits Act. (région) reporting period means the month in respect of which a person is required to file a return under section 26. (période de déclaration) Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Interpretation Sections 2-4 softwood lumber product means, other than in section 18, a product referred to in section 8.4 of the Export and Import Permits Act. (produit de bois d’œuvre) United States means the customs territory of the United States and the foreign trade zones located in the United States. (États-Unis) Conversion 3 If a conversion of board feet to cubic metres or to square metres is required for the purposes of this Act, the conversion is to be made on a nominal measurement basis and shall not be rounded up to the nearest cubic metre or square metre. Interest to be paid 4 (1) For the purposes of every provision of this Act that requires interest to be paid at a specified rate, the specified rate in effect during any particular calendar quarter is the total of (a) the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage where the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the calendar quarter preceding the particular calendar quarter, and (b) 4 %. Interest to be paid by the Minister (2) For the purposes of every provision of this Act that requires interest at a specified rate to be paid on an amount payable by the Minister to a person or applied by the Minister against an amount owed by a person, the specified rate in effect during any particular calendar quarter is the total of (a) the rate determined under paragraph (1)(a) in respect of the particular calendar quarter, and (b) if the person is a corporation, 0 %, and in any other case, 2 %. 2006, c. 13, s. 4; 2010, c. 12, s. 98. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Interpretation Sections 5-7 Time of export 5 (1) For the purposes of this Act, the time at which an exported softwood lumber product is considered to be exported is the time at which the product was last loaded aboard a conveyance for export. Export by rail (2) However, if the softwood lumber product is exported by rail, the time at which it is considered to be exported is the time at which the railcar that contains it was released to the railway for assembly to form part of a train for export. Clarification (3) For greater certainty, if a softwood lumber product is transshipped through a Canadian reload or other inventory location, the time at which it is considered to be exported is the time at which the product last leaves a reload or other inventory location for export. Arm’s length 6 (1) For the purposes of this Act, (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 were, at any particular time, dealing with each other at arm’s length. Related persons (2) For the purposes of this Act, persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act, except that (a) a reference in those subsections to “corporation” shall be read as a reference to “corporation or partnership”; and (b) a reference in those subsections to “shares” or “shareholders” shall, in respect of a partnership, be read as a reference to “rights” or “partners”, respectively. Person resident in Canada 7 For the purposes of this Act, 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; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Interpretation Sections 7-10 (b) in the case of a partnership or an association, or a branch of one of them, if the member, or a majority of the members, having management and control of it is or are resident in Canada at that time; (c) in the case of a union, if it is carrying on activities as such in Canada and has a local union or branch in Canada at that time; and (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. Her Majesty Binding on Her Majesty 8 This Act is binding on Her Majesty in right of Canada or a province. Application Exceptions 9 (1) This Act does not apply to a softwood lumber product that is exported to a country other than the United States but that passes in transit through the United States. For greater certainty (2) For greater certainty, this Act applies in respect of a softwood lumber product that is exported to the United States but that passes in transit through a country other than the United States. Softwood Lumber Products Export Charge Export Charge Charge imposed 10 (1) Subject to the exclusions provided for in subsection 11(1), every person who exports a softwood lumber product to the United States after October 11, 2006, shall pay to Her Majesty in right of Canada a charge as determined under this Act in respect of the export. * Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Sections 10-12 When charge payable (2) The charge becomes payable at the time that the softwood lumber product is exported. [Note: Section 10 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * Exclusions 11 (1) The following exports of softwood lumber products are excluded from the charge referred to in section 10: * (a) exports from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador; (b) exports from Yukon, the Northwest Territories or Nunavut; and (c) exports by a person referred to in section 16. Deemed export from Atlantic provinces (2) An exported softwood lumber product is deemed to be exported from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador if the product underwent its first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine. Deemed export from territories (3) An exported softwood lumber product is deemed to be exported from Yukon, the Northwest Territories or Nunavut if the product underwent its first primary processing in one of those territories from softwood sawlogs originating in one of those territories. [Note: Section 11 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * Export from a region 12 (1) If a softwood lumber product is exported from a region in a particular month, the amount of the charge in respect of that export is the amount calculated by applying the rate applicable for the month under this Act to the export price of the product as determined in accordance with section 13. * Deemed export from a region (2) An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Section 12 Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a particular region, it is deemed to be exported from that region. Applicable rate — export allocation (3) In the case of an export for which an export allocation issued under paragraph 6.3(3)(b) of the Export and Import Permits Act is required, the applicable rate of charge for the particular month is (a) 0% if the reference price for the month is more than US$355; (b) 2.5% if the reference price for the month is at least US$336 but not more than US$355; (c) 3% if the reference price for the month is at least US$316 but not more than US$335; or (d) 5% if the reference price for the month is not more than US$315. Applicable rate — other cases (4) In the case of an export for which an export allocation referred to in subsection (3) is not required, the applicable rate of charge for the particular month is (a) 0% if the reference price for the month is more than US$355; (b) 5% if the reference price for the month is at least US$336 but not more than US$355; (c) 10% if the reference price for the month is at least US$316 but not more than US$335; or (d) 15% if the reference price for the month is not more than US$315. Reference price (5) The reference price for a particular month is the most recent four-week average of the weekly Framing Lumber Composite Price, published by Random Lengths Publications Incorporated, that is available at least 21 days before the start of the particular month. Reference price by regulation (6) If Random Lengths Publications Incorporated changes, at any time after April 27, 2006, the weights it uses to calculate the Framing Lumber Composite Price or Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Sections 12-13 ceases to publish the Framing Lumber Composite Price or any of its constituent prices, the reference price for a particular month is to be calculated according to a prescribed formula. Rounding (7) Each reference price shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple. [Note: Section 12 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * 2006, c. 13, s. 12; 2010, c. 12, s. 99; 2011, c. 24, s. 104. Higher rate 12.1 Despite subsections 12(3) and (4), the rate of charge applicable in respect of an export of a softwood lumber product on or after the day on which this section comes into force from Ontario, Quebec, Manitoba or Saskatchewan is equal to the sum of the applicable rate of charge under subsection 12(3) or (4) and 10%. * [Note: Section 12.1 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on July 1, 2011, see SOR/ 2011-130.] * 2010, c. 12, s. 100. Higher rate — Ontario and Quebec 12.2 The rate of charge applicable in respect of an export of a softwood lumber product from Ontario or Quebec on or after the day on which this section comes into force is equal to the sum of the rate of charge otherwise applicable under this Act and * (a) 0.1%, in the case of an export from Ontario; or (b) 2.6%, in the case of an export from Quebec. [Note: Section 12.2 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2013, see SOR/2014-121.] * 2011, c. 24, s. 105. Definitions * 13 (1) The following definitions apply in this section. FOB value means a value consisting of all costs payable by a purchaser, including those incurred in the placement aboard the conveyance for shipment, but not including the actual shipping costs and the amount of a charge payable under section 10. (valeur franco à bord) Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Section 13 independent remanufacturer means a person who is certified under section 25. (entreprise indépendante de seconde transformation) remanufactured means, in relation to a softwood lumber product, that the softwood lumber product, in order to produce a semi-finished or finished softwood lumber product, has been subjected to changes including changes in thickness, width, length, profile, texture, moisture or grading, has been joined together by finger jointing or has been turned. (seconde transformation) Export price (2) The export price of a softwood lumber product is to be determined in accordance with the following rules: (a) if the product has undergone only primary processing, the export price is the FOB value that is determined at the facility where the product underwent its last primary processing before export; (b) if the product was last remanufactured before export by an independent remanufacturer, the export price is the FOB value that is determined at the facility where the softwood lumber used to make the remanufactured product underwent its last primary processing before export; (c) if the product was last remanufactured before export by a remanufacturer that is not an independent remanufacturer, the export price is the FOB value that is determined at the facility where the product underwent its last processing before export; (d) for a product described in paragraph (a), (b) or (c) in respect of which an FOB value cannot be determined, the export price is the market price for identical products sold in Canada at approximately the same time and in one of the following arm’s length transactions, listed in order of precedence: (i) a transaction at substantially the same trade level but in different quantities, (ii) a transaction at a different trade level but in similar quantities, or (iii) a transaction at a different trade level and in different quantities; and (e) if the export price determined in accordance with any of paragraphs (a) to (d) is greater than US$500 per thousand board feet, the export price is deemed to be US$500 per thousand board feet. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Sections 13-14 Exchange rate (3) For the purposes of subsection (2), the rate of exchange in order to determine the export price in Canadian dollars of a softwood lumber product is the rate of exchange as quoted by the Bank of Canada at noon on the day before the day on which the charge referred to in section 10 becomes payable. [Note: Section 13 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * Surge mechanism 14 (1) The amount of the charge applicable to an export of a softwood lumber product from a region during a month is increased by 50% if * (a) the export is one that does not require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act; and (b) the exports of softwood lumber from the region during that month exceed the monthly trigger volume applicable to that region. Surge mechanism if certain provisions apply (1.1) If the rate of charge provided for by section 12.1 or 12.2 applies in respect of an export, the increase under subsection (1) in respect of that export is to be calculated as if the rate had not applied and the rate provided for by subsection 12(3) or (4) had applied. Exports in excess of trigger volume (2) Exports from a region for a month are considered to have exceeded the monthly trigger volume if the volume of exports from that region for that month exceed 101% of the monthly trigger volume for that region for that month. Trigger volume (3) The monthly trigger volume applicable to a region, other than the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act, is the amount determined by the formula [A × (B/100) × 1.1] - C where Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Section 14 A is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; B is (a) in respect of Ontario, 3.15, (b) in respect of Quebec, 4.39, (c) in respect of Manitoba, 0.29, (d) in respect of Saskatchewan, 0.42, (e) in respect of Alberta, 2.49, and (f) in respect of the BC Interior, as defined in subsection 6.3(1) of the Export and Import Permits Act, 17.43; and C is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume. Trigger volume — BC Coast (4) The monthly trigger volume applicable to the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act is the amount determined by the formula (A × 0.0186 × 1.1 × B) - C where A is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; B is (a) in respect of January, the quotient obtained by dividing 0.7212 by 0.9288, (b) in respect of February, the quotient obtained by dividing 0.9767 by 0.8944, (c) in respect of March, the quotient obtained by dividing 0.9025 by 1.0014, (d) in respect of April, the quotient obtained by dividing 1.3557 by 1.0707, (e) in respect of May, the quotient obtained by dividing 1.1461 by 1.0679, (f) in respect of June, the quotient obtained by dividing 1.1771 by 1.0405, (g) in respect of July, the quotient obtained by dividing 0.9213 by 1.0508, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Sections 14-15 (h) in respect of August, the quotient obtained by dividing 1.0719 by 1.0501, (i) in respect of September, the quotient obtained by dividing 1.0584 by 0.9953, (j) in respect of October, the quotient obtained by dividing 0.9477 by 1.0636, (k) in respect of November, the quotient obtained by dividing 0.8466 by 0.9435, and (l) in respect of December, the quotient obtained by dividing 0.8746 by 0.8930; and C is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume. [Note: Section 14 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * 2006, c. 13, s. 14; 2010, c. 12, s. 101; 2011, c. 24, s. 106. Charge 15 (1) If, during a particular calendar quarter, total exports of softwood lumber products from Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, as provided in subsection 11(2), exceed the aggregate sum of total production in that calendar quarter and total inventory at the beginning of that calendar quarter, of softwood lumber products that underwent their first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine, each person responsible for excess exports as determined under subsection (2) shall pay to Her Majesty in right of Canada a charge calculated by applying $200 per thousand board feet of exported lumber products to that person’s excess exports. * When charge payable (1.1) The charge becomes payable at the time that the softwood lumber product is exported. Excess exports (2) A person’s excess exports shall equal the amount by which its exports exceed in a particular calendar quarter the sum of the person’s total production in that calendar quarter and total inventory at the beginning of that calendar quarter of softwood products that underwent their first primary processing in New Brunswick, Nova Scotia, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Softwood Lumber Products Export Charge Export Charge Sections 15-17 Prince Edward Island or Newfoundland and Labrador from softwood sawlogs originating in one of those provinces or in the State of Maine. [Note: Section 15 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] * Exemptions Exemption — schedule 16 (1) Despite section 10, a person whose name is set out in the schedule is exempt from the charge referred to in that section in respect of the export of softwood lumber products that the person produces if the person satisfies the prescribed conditions. Amendments to schedule (2) The Governor in Council may, by regulation, amend the schedule by adding, deleting or changing the name of a person. Exempt exports 17 (1) The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt the export of softwood lumber products from a region from (a) the charge referred to in section 10; or (b) the application of any part of a rate of charge that is higher than the rate of charge provided for by subsection 12(3) or (4). Exempt products (2) The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt any softwood lumber product from the charges referred to in sections 10 and 15. Exempt person (3) Any person exempted from registering under subsection 22(2) is exempted from the charges referred to in sections 10 and 15. 2006, c. 13, s. 17; 2011, c. 24, s. 107. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Charge on Refunds of Duty Deposits Section 18 Charge on Refunds of Duty Deposits Definitions 18 (1) The following definitions apply in this section. covered entry means an entry that, on October 12, 2006, has not been liquidated and in respect of which a duty deposit has been made. (importation non tarifée) duty deposit means an amount deposited under a United States duty order. (dépôt douanier) duty deposit refund of a specified person means the refund of a duty deposit and all interest on that deposit accrued under United States law up to the earlier of (a) the day on which the refund is issued to the specified person or a designate of the specified person, and (b) the day on which the specified person sells the rights to the refund to Her Majesty in right of Canada. (remboursement) revocation means a revocation of a United States duty order including any direction to end any suspension of liquidation of a covered entry or to refund any duty deposit. (révocation) specified person means a person that filed the documents and information required under the applicable United States law in respect of the importation of any softwood lumber product into the United States during the period beginning on May 22, 2002 and ending on October 11, 2006. (intéressé) specified rate means the rate determined by the formula A/B where A is US$1,000,000,000; and B is the total, expressed in United States dollars, of all duty deposits and all interest accrued on them under United States law as of October 12, 2006. (taux applicable) United States duty order means (a) the Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,068 (May 22, 2002), as amended; or Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Charge on Refunds of Duty Deposits Section 18 (b) the Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,070 (May 22, 2002), as amended. (décret douanier américain) Rounding (2) The specified rate shall be expressed as a decimal fraction rounded off to four digits after the decimal point, but if the fifth digit is five or greater, the fourth digit is increased by one. Imposition of charge on duty deposit refund (3) Every specified person in respect of whom a covered entry is to be liquidated as a result of a revocation shall pay to Her Majesty in Right of Canada a charge at the specified rate on the amount of any duty deposit refund that relates to the covered entry. Liability for charge (4) The charge under subsection (3) is payable by the specified person even if the refund is issued to a designate of the specified person. When charge payable (5) The charge under subsection (3) becomes payable by the specified person on the later of (a) the day on which this Act is assented to, and (b) the day that is the earlier of (i) the day on which the duty deposit refund is issued to the specified person or a designate of the specified person, and (ii) the day on which the specified person sells the rights to the duty deposit refund to Her Majesty in right of Canada. Joint and several or solidary liability (6) If, at any time after September 18, 2006, a specified person sells or otherwise disposes of the rights to a duty deposit refund to a person other than Her Majesty in right of Canada, the specified person and the other person are jointly and severally, or solidarily, liable to pay the charge under subsection (3) and any penalties and interest payable under this Act in relation to that charge. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Sections 19-22 General Provisions Concerning Charges and Other Amounts Payable Administration, Enforcement and Officers Minister’s duty 19 The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act. Staff 20 (1) The persons that are necessary to administer and enforce this Act 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 Agency or who occupies a position of responsibility in the Agency to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Act. Administration of oaths 21 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 Act, and every person so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits. Registration and Certification Duty to register 22 (1) Every person who exports a softwood lumber product to the United States is required to be registered for the purposes of this Act. Exception (2) On the recommendation of the Minister for International Trade, the Governor in Council may, by regulation, exempt persons or classes of persons from the requirement to register. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Registration and Certification Sections 22-25 Application (3) A person required to be registered shall apply to the Minister for registration on or before the day on which the softwood lumber product is exported. Form and manner (4) An application for registration must be made in the prescribed form containing the prescribed information and must be filed with the Minister in the prescribed manner. Security (5) An applicant who is not resident in Canada or who does not have a permanent establishment in Canada shall give and maintain security, in an amount and in a form satisfactory to the Minister, for the purposes of securing all amounts payable by the person under this Act. Definition of permanent establishment (6) For the purposes of subsection (5), permanent establishment in respect of an applicant means a fixed place of business of the applicant, including a place of management, a branch, an office, a factory or a workshop or any timberland. Registration 23 The Minister may register any person applying for registration and, if the Minister does so, shall notify the person of the effective date of the registration. Cancellation 24 (1) The Minister may cancel the registration of a person registered under section 23 if the Minister is satisfied that the registration is not required for the purposes of this Act or the person has failed to maintain security in accordance with subsection 22(5). Notice (2) If the Minister cancels the registration of a person, the Minister shall notify the person in writing of the cancellation and the effective date of the cancellation. Certification of independent remanufacturers 25 (1) The Minister may, on application in prescribed form containing prescribed information and filed in the prescribed manner, certify a person registered under section 23 to be an independent remanufacturer. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Registration and Certification Sections 25-27 Renewal, etc. (2) The Minister may amend, suspend, renew, cancel or reinstate a certification as required for the purposes of this Act. Notice (3) If the Minister cancels the certification of a person, the Minister shall notify the person in writing of the cancellation and of its effective date. Registry (4) The Minister shall establish and maintain a publicly accessible registry containing the following information with respect to each certification: (a) the name of the person that is certified; (b) the date of the certification; (c) any amendment made to the certification and the date of the amendment; and (d) the date of any suspension, renewal, cancellation or reinstatement of the certification. Returns and Payment of Charges Monthly returns 26 A person who is, at any time during a particular month, registered under section 23 or required to be registered under section 22 — or a specified person as defined in subsection 18(1) by whom a charge under section 18 becomes payable at any time during a particular month — shall, on or before the last day of the month following the particular month, (a) file with the Minister a return for that month in the prescribed form and manner and containing the prescribed information; (b) calculate in the return the total amount of the charges payable for that month; and (c) pay that amount, if any, to the Receiver General. Large payments 27 Every person who is required under this Act to pay an amount to the Receiver General shall, 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; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Returns and Payment of Charges Sections 27-30 (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 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 mortgages on real property or hypothecs on immovables. Small amounts owing 28 (1) If, at any time, the total of all unpaid amounts owing by a person to Her Majesty in right of Canada under this Act does not exceed two dollars, 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 Act does not exceed two dollars, 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. Set-off of refunds 29 If, at any time, a person files a return in which the person reports an amount that the person is required to pay under this Act and the person claims a refund payable to the person under this Act at that time, in the return or in another return, or in a separate application filed under this Act with the return, the person is deemed to have paid at that time, and the Minister is deemed to have refunded at that time, an amount equal to the lesser of the amount required to be paid and the amount of the refund. Authority for separate returns 30 (1) A person who 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 refunds under this Act in respect of a branch or division specified in the application. Authorization by Minister (2) On receipt of the application, the Minister may, in writing, authorize the person to file separate returns and applications for refunds in relation to the specified branch or division, subject to any conditions that the Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Returns and Payment of Charges Sections 30-32 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 of the authorization or with any provision of this Act; (c) the Minister is no longer satisfied that the requirements of subsection (2) are met; or (d) the Minister considers that the authorization is no longer required. Notice of revocation (4) If the Minister revokes the authorization of a person, the Minister shall notify the person in writing of the revocation and the effective date of the revocation. Execution of returns, etc. 31 A return or other document made under this Act by a person that is not an individual shall 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. If the person is a corporation or an association that has duly elected or appointed officers, the president, vice-president, secretary and treasurer, or other equivalent officers, of the corporation or association, are deemed to be so duly authorized. Extension of time 32 (1) The Minister may at any time extend, in writing, the time for filing a return or providing information under this Act. Effect of extension (2) If the Minister extends the time within which a person is required to file a return or provide information under subsection (1), (a) the return shall be filed, or the information shall be provided, within the time so extended; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Returns and Payment of Charges Sections 32-34 (b) any amount payable that the person is required to report in the return shall be paid within the time so extended; (c) any interest payable under section 34 on the amount referred to in paragraph (b) shall be calculated as though the amount were required to be paid on the day on which the extended time expires; and (d) any penalty payable under section 64 in respect of the return shall be calculated as though the return were required to be filed on the day on which the extended time expires. Demand for return 33 The Minister may, by a demand served personally or sent by mail, require a person to file, within any reasonable time that may be stipulated in the demand, a return under this Act for any reporting period that is designated in the demand. Interest Compound interest on amounts not paid when required 34 (1) If a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall be compounded daily at the specified rate and computed for the period beginning on the first day after the day on or before which the amount was required to be paid and ending on the day on which 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 shall be added to the unpaid amount at the end of the particular day. Period when interest not payable (3) Despite any other provision of this Act, if the Minister notifies a person that the person is required to pay a specified amount under this Act and the person pays the specified amount in full before the end of the period that the Minister specifies in the notice, interest is not payable on the specified amount for the period. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Interest Sections 34-37 Interest and penalty amounts of $25 or less (4) If, at any time, a person pays an amount not less than the total of all amounts, other than interest and a penalty payable under section 64, owing at that time to Her Majesty in right of Canada under this Act for a reporting period and the total amount of interest and penalty payable by the person under this Act for that reporting period is not more than $25, the Minister may cancel the interest and penalty. Compound interest on amounts owed by Her Majesty 35 Interest shall be compounded daily at the specified rate on amounts owed 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 Act amended 36 For greater certainty, if a provision of an Act amends this Act and provides that the amendment comes into force on, or applies as of, a particular day that is before the day on which that Act is assented to, the provisions of this Act that relate to the calculation and payment of interest apply in respect of the amendment as though that Act had been assented to on the particular day. Waiving or cancelling interest or penalty 37 (1) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period, or on application by a person on or before that day, waive or cancel any amount otherwise payable to the Receiver General under this Act that is interest or a penalty payable under section 64 on an amount that is required to be paid by the person under this Act in respect of that reporting period. Interest if amounts cancelled (2) If a person has paid an amount of interest or penalty and the Minister cancels that amount under subsection (1), the Minister shall 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 refunded or applied against an amount owed by the person to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Administrative Charge under the Financial Administration Act Sections 38-40 Administrative Charge under the Financial Administration Act Dishonoured instruments 38 For the purposes of this Act and section 155.1 of the Financial Administration Act, any charge that becomes 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 Act is deemed to be an amount that becomes payable by the person at that time under this Act. 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 in respect of the charge is deemed to be extinguished at the time the total of the amount and any applicable interest under this Act is paid. Refunds Statutory recovery rights 39 Except as specifically provided under this 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 Act. Refund — third country adjustment 40 (1) The Minister shall pay to a person who has paid the charge referred to in section 10 in respect of the export of softwood lumber products from a region during two consecutive calendar quarters a refund of the amount calculated under subsection (2) or (3) if all of the following occur in each of two consecutive calendar quarters when compared respectively with each of the same two consecutive calendar quarters from the preceding year: (a) the share of American consumption of softwood lumber products from imports not originating in Canada, as calculated in accordance with the prescribed formula, is at least 20% greater; (b) the Canadian market share of American consumption of softwood lumber products, as calculated in accordance with the prescribed formula, has decreased; and (c) the American market share of American consumption of softwood lumber products, as calculated in accordance with the prescribed formula, has increased. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Refunds Section 40 Amount of refund — charge calculated under subsection 12(3) (2) If the amount of the charge was calculated using the applicable rate under subsection 12(3), the amount of the refund is the amount of the charge paid. Amount of refund — charge calculated under subsection 12(4) (3) If the amount of the charge was calculated using the applicable rate under subsection 12(4), the amount of the refund is, subject to subsection (4), the lesser of (a) the amount of the charge paid, and (b) 5% of the export price of the softwood lumber product exported as determined in accordance with section 13. Refund calculated without regard to certain provisions (3.1) The amount of a refund under this section is to be determined using the amount of a charge that is calculated without regard to sections 12.1 and 12.2. Trigger volume (4) If exports from a region for a month exceeded (within the meaning of subsection 14(2)) the monthly trigger volume during any month of the two consecutive calendar quarters, the amount of the refund is nil. Application for refund (5) A refund in respect of an amount shall not be paid under subsection (1) to a person unless the person files, in the prescribed manner, an application for the refund in the prescribed form and containing prescribed information within four years after the day on which the amount was paid by the person. One application per calendar quarter (6) Subject to subsection (7), not more than one application for a refund under this section may be made by a person in any calendar quarter. Application by branches and divisions (7) If a person who is entitled to a refund under this section is engaged in one or more activities in separate branches or divisions and is authorized under subsection 30(2) to file separate returns in relation to a branch or division, the person may file separate applications under this section in respect of the branch or division but not more than one application for a refund under this section Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Refunds Sections 40-42 in respect of the branch or division may be made by the person in any calendar quarter. 2006, c. 13, s. 40; 2010, c. 12, s. 102; 2011, c. 24, s. 108. Refund of payment 41 (1) If a person has paid an amount as or on account of, or that was taken into account as, a charge, a penalty, interest or other obligation under this Act in circumstances where the amount was not payable by the person, whether the amount was paid by mistake or otherwise, the Minister shall, subject to subsections (2) and (3), pay a refund of that amount to the person. Restriction (2) A refund in respect of an amount shall not be paid under subsection (1) to a person to the extent that the Minister has assessed the person for the amount under section 50. Application for refund (3) A refund in respect of an amount shall not be paid under subsection (1) to a person unless the person files, in the prescribed manner, an application for the refund in prescribed form and containing prescribed information within two years after the day on which the amount was paid by the person. Extension (3.1) Despite subsection (3), the Minister may at any time extend, in writing, the time for filing an application for a refund for the payment of the increase of the amount of the charge referred to in subsection 14(1). One application per reporting period (4) Subject to subsection (5), not more than one application for a refund under this section may be made by a person in any reporting period. Application by branches and divisions (5) If a person who is entitled to a refund under this section is engaged in one or more activities in separate branches or divisions and is authorized under subsection 30(2) to file separate returns in relation to a branch or division, the person may file separate applications under this section in respect of the branch or division but not more than one application for a refund under this section in respect of the branch or division may be made by the person in any reporting period. 2006, c. 13, s. 41; 2011, c. 24, s. 109. Restriction 42 (1) A refund of an amount under this Act shall not be paid to a person to the extent that it can reasonably be regarded that Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Refunds Sections 42-45 (a) the amount has previously been refunded, remitted, applied or paid to that person under this or any other Act of Parliament; (b) the person has applied for a refund, payment or remission of the amount under any other Act of Parliament; or (c) the amount has been or will be refunded to the person under this Act. Single application (2) Only one application may be made under this Act for a refund with respect to any matter. Restriction — trustees 43 If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt have been paid. Overpayment of refunds, etc. 44 (1) If an amount is paid to, or applied to a liability of, a person as a refund under this Act and the person is not entitled to the amount or the amount paid or applied exceeds the refund or other payment to which the person is entitled, the person shall pay to the Receiver General an amount equal to the refund, payment or excess on the day on which the amount is paid to, or applied to a liability of, the person. Effect of reduction of refund, etc. (2) For the purpose of subsection (1), if a refund or other payment has been paid to a person in excess of the amount to which the person was entitled and the amount of the excess has, by reason of section 42, reduced the amount of any other refund or other payment to which the person would, but for the payment of the excess, be entitled, the person is deemed to have paid the amount of the reduction to the Receiver General. Bankruptcies and Corporate Reorganizations Definitions 45 (1) The following definitions apply in this section. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Bankruptcies and Corporate Reorganizations Section 45 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 who (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 manage or operate 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 to act as an agent or mandatary of the bank in the exercise of the authority of the bank under subsection 426(3) of the Bank 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 who is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to manage or operate a business or a property of another person, but, if a person is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to manage or operate 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, who is administering, winding up, controlling or otherwise dealing with any property, business, estate or succession. (représentant) Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Bankruptcies and Corporate Reorganizations Section 45 Trustee’s obligations (2) For the purposes of this Act, 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 becomes payable by the person under this Act 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 became payable by the person after the particular day in respect of reporting periods that ended on or before the particular day, or of any amount that became payable by the person after the particular day, 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 shall discharge the liability of the trustee to the extent of that amount; (b) if, on the particular day the person is registered under section 23, the registration continues in relation to the activities of the person to which the bankruptcy relates as though the trustee in bankruptcy were the registered 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 period of the person begins and ends on the day on which it 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 shall end 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 shall begin 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Bankruptcies and Corporate Reorganizations Section 45 bankruptcy is discharged under the Bankruptcy and Insolvency Act shall end on the day on which the discharge is granted; (d) subject to paragraph (f), the trustee in bankruptcy shall 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 Act 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 Act to be filed by the person for a reporting period of the person ending on or before the particular day, the trustee in bankruptcy shall, 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. Receiver’s obligations (3) For the purposes of this Act, 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 becomes payable by the person under this Act 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Bankruptcies and Corporate Reorganizations Section 45 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 became payable 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 shall discharge the joint and several or solidary liability to the extent of that amount; (c) the reporting period of the person begins and ends on the day on which it would have begun and ended if the vesting had not occurred, except that (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, shall end on the particular day and a new reporting period of the person in relation to the relevant assets shall begin 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, shall end on the day on which the receiver ceases to act as receiver of the person; (d) the receiver shall file with the Minister in the prescribed form and manner all returns in respect of the relevant assets of the receiver for reporting periods of the person ending in the period during which the receiver is acting as receiver and that are required under this Act 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 Act to be filed by the person for a reporting period of the person ending Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Bankruptcies and Corporate Reorganizations Sections 45-47 on or before the particular day, the receiver shall, 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 who controls property of another person who is required to pay any amount under this Act shall, 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 Act, been accepted by the Minister: (a) all amounts that are payable by the other person under this Act 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 Act 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. Liability for failure to obtain certificate (5) Any receiver or representative who 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. Amalgamations 46 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”), the new corporation is deemed to be a separate person from each of the predecessors for the purposes of this Act except that, for the purposes of sections 26 to 45 and 48 to 98, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor. Partnerships Member of a partnership 47 (1) For the purposes of this Act, anything done by a person as a member of a partnership is deemed to have Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Partnerships Section 47 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 who 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 become payable by the partnership under this Act 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 and money that is regarded as property or money 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 the joint liability to the extent of that amount; and (b) all other obligations under this Act that arose before or during that period for which the partnership is liable or, if the member was a member of the partnership at the time the partnership was dissolved, the obligations that arose upon or as a consequence of the dissolution. Continuation of partnership (3) If a partnership would, but for this subsection, be regarded as having ceased to exist, the partnership is deemed for the purposes of this Act not to have ceased to exist until the registration of the partnership is cancelled. Continuation of predecessor partnership by new partnership (4) Where (a) a partnership (in this subsection referred to as the “predecessor partnership”) would, but for this section, be regarded as having ceased at any time to exist, (b) a majority of the members of the predecessor partnership that together had, at or immediately before that time, more than a 50% interest in the capital of Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Partnerships Sections 47-48 the predecessor partnership become members of another partnership of which they comprise more than half of the members, and (c) the members of the predecessor partnership who become members of the other partnership transfer to the other partnership all or substantially all of the property distributed to them in settlement of their capital interests in the predecessor partnership, the other partnership is deemed to be a continuation of and the same person as the predecessor partnership, except where the other partnership is registered under section 23 or applies for registration under section 22. Records and Information Keeping records 48 (1) Every person who is required to pay an amount under this Act shall keep all records that are necessary to determine whether they have complied with this Act. Minister may specify information (2) The Minister may specify in writing the form that 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, the records shall be kept in Canada, in English or French. Electronic records (4) Every person required under this Act to keep a record who does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record. Inadequate records (5) If a person fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require the person to keep any records that the Minister may specify, and the person shall keep the records specified by the Minister. General period for retention (6) Every person who is required to keep records shall 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. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Records and Information Sections 48-49 Objection or appeal (7) If a person who is required under this Act to keep records serves a notice of objection or is a party to an appeal or reference under this Act, the person shall 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 (8) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person required under this Act to keep records to retain those records for any period that is specified in the demand, and the person shall comply with the demand. Permission for earlier disposal (9) A person who is required under this Act 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. Requirement to provide records or information 49 (1) Despite any other provision of this Act but subject to subsection (2), the Minister may, for any purpose related to the administration or enforcement of this Act, including the collection of any amount payable under this Act by any person, by notice served personally or sent by mail, require that any person provide the Minister, within any reasonable time that is stipulated in the notice, with (a) any information or additional information, including a return under this Act; or (b) any record. Unnamed persons (2) The Minister shall not impose on any person (in this section referred to as a “third party”) a requirement under subsection (1) 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) On ex parte application by the Minister, a judge may, 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Records and Information Sections 49-50 section 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 duty or obligation under this Act. Service of authorization (4) An authorization granted under subsection (3) shall be attached to the notice referred to in subsection (1). Review of authorization (5) If an authorization is granted under subsection (3), a third party on whom a notice is served or to whom a notice is sent under subsection (1) may, within 15 days after the service or sending, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court for a review of the authorization. Powers on review (6) On hearing an application under subsection (5), a judge may (a) cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (3)(a) and (b) have been met; or (b) confirm or vary the authorization if the judge is satisfied that those conditions have been met. Assessments Assessment 50 (1) The Minister may assess a person for any charge or other amount payable by the person under this Act 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 Act 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 and may make an assessment despite any return, application or information provided or not provided. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 50-51 Refund on reassessment (4) If a person has paid an amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been payable by the person in respect of that reporting period, the Minister shall refund to the person the amount of the excess and, for the purpose of section 35, the refund is deemed to have been required to be paid on the day on which the amount was paid to the Minister. Determination of refunds (5) In making an assessment, the Minister may take into account any refund payable to the person being assessed under this Act. If the Minister does so, the person is deemed to have applied for the refund under this Act on the day on which the notice of assessment is sent. Assessment of refund 51 (1) On receipt of an application made by a person for a refund under this Act, the Minister shall, without delay, consider the application and assess the amount of the refund, if any, payable to the person. Reassessment (2) The Minister may reassess or make an additional assessment of the amount of a refund despite any previous assessment of the amount of the refund. Payment (3) If, on assessment under this section, the Minister determines that a refund is payable to a person, the Minister shall pay the refund to the person. Restriction (4) A refund shall not be paid under this Act until the person has filed with the Minister all returns and other records of which the Minister has knowledge that are required to be filed under this Act. Interest (5) If a refund is paid to a person, the Minister shall pay interest at the specified rate to the person on the refund for the period beginning on the day that is 30 days after the day on which the application for the refund is filed with the Minister and ending on the day on which the refund is paid. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 52-53 Notice of assessment 52 (1) After making an assessment under this Act, the Minister shall 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 remaining unpaid is payable to the Receiver General as of the date of the notice of assessment. Limitation period for assessments 53 (1) Subject to subsections (2) to (4), no assessment in respect of any charge or other amount payable by a person under this Act shall be made more than four years after the day on which the person filed the person’s return under section 26. Exception — objection or appeal (2) A variation of an assessment, or a reassessment, in respect of any charge or other amount payable under this Act 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; or (b) with the written consent of an appellant to dispose of an appeal. Exception — neglect or fraud (3) 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 refund filed under this Act. Exception — waiver (4) An assessment in respect of any matter specified in a waiver filed under subsection (5) may be made at any time within the period specified in the waiver unless the waiver has been revoked under subsection (6), in which case an assessment may be made at any time during the six months that the waiver remains in effect. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 53-54 Filing waiver (5) Any person may, within the time otherwise limited by subsection (1) for an assessment, waive the application of that subsection 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 (6) Any person who 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 six months after the notice is filed. Objections to Assessment Objection to assessment 54 (1) Any person who has been assessed and who 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 shall (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. 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 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 section referred to as the “earlier assessment”) and the Minister makes a Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Objections to Assessment Sections 54-55 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 of 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 if it was not filed in the prescribed form and manner. Consideration of objection (8) On receipt of a notice of objection, the Minister shall, 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 who 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 shall notify the person objecting to the assessment of the Minister’s decision by mail. Extension of time by Minister 55 (1) If no objection to an assessment is filed under section 54 within the time limited under this Act, a person may make an application to the Minister to extend Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Objections to Assessment Section 55 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 Act 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 Agency, the application accompanied by a copy of the notice of objection. Defect in application (4) The Minister may accept an application even if it was not made in accordance with subsection (3). Duties of Minister (5) On receipt of an application, the Minister shall, without delay, consider the application and grant or refuse it, and shall notify the person of the decision by mail. 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. Conditions for grant of application (7) No application shall be granted under this section unless (a) the application is made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act 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. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Section 56 Appeal Extension of time by Tax Court of Canada 56 (1) A person who has made an application under section 55 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 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 decision referred to in subsection 55(5) was mailed to the person. How application made (3) An application must be filed in the Registry of the Tax Court of Canada, in accordance with the rules of the Court made under the Tax Court of Canada Act. 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) No application shall be granted under this section unless (a) the application under subsection 55(1) was made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act 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, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 56-58 (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 55(1) was made as soon as circumstances permitted it to be made. Appeal to Tax Court of Canada 57 (1) Subject to subsection (2), a person who 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 filing of the notice of objection and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has reassessed. No appeal (2) No appeal under subsection (1) may be instituted after the expiry of 90 days after notice that the Minister has reassessed or confirmed the assessment is sent to the person under subsection 54(10). Amendment of appeal (3) The Tax Court of Canada may, on any terms that it sees fit, authorize a person who 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 58 (1) If no appeal to the Tax Court of Canada under section 57 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 57 for doing so. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 58-59 How application made (3) An application must be filed in the Registry of the Tax Court of Canada, in accordance with the rules of the Court made under the Tax Court of Canada Act. 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) No order shall be made under this section unless (a) the application was made within one year after the expiry of the time limited under section 57 for appealing; and (b) the person demonstrates that (i) within the time limited under section 57 for appealing, 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 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 59 (1) Despite section 57, 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 54(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 54(5) if the person was not required to file a notice of objection to the assessment that gave rise to the issue. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 59-63 No appeal if waiver (2) Despite section 57, 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 60 An appeal to the Tax Court of Canada under this Act shall be instituted in accordance with the Tax Court of Canada Act. Disposition of appeal 61 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 62 (1) If the Minister and another person agree in writing that a question arising under this Act, in respect of any assessment or proposed assessment of the person, should be determined by the Tax Court of Canada, that question shall be determined by that Court. Time during consideration not to count (2) For the purposes of making an assessment, 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 shall not be counted in the computation of (a) the four-year period referred to in subsection 53(1); (b) the period within which a notice of objection to an assessment may be filed under subsection 54(1); or (c) the period within which an appeal may be instituted under subsection 57(2). Reference of common questions to Tax Court of Canada 63 (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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Section 63 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 shall 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 shall be served by the Minister on each of the persons named in it and on any other person who, 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 assessments or proposed assessments in respect of two or more persons who have been served with a copy of the application and who are named in an order of the Tax Court of Canada under this subsection, it may (a) if none of the persons so named 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 so named 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 person who has been served with a copy of the application and who is named in an order of the Court under subsection (4) may appeal from the determination, in accordance Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 63-64 with the provisions of this Act, the Tax Court of Canada Act or the Federal Courts Act, as those provisions relate to appeals from the Tax Court of Canada. Parties to appeal (7) The parties who 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) shall not be counted in the computation of (a) the four-year period referred to in subsection 53(1); (b) the period within which a notice of objection to an assessment may be filed under subsection 54(1); or (c) the period within which an appeal may be instituted under subsection 57(2). 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). Administration and Enforcement Penalties Failure to file a return when required 64 Every person who fails to file a return as and when required under section 26 shall pay a penalty equal to the total of Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Penalties Sections 64-67 (a) an amount equal to 1% of the amount of charges unpaid at the expiry of the time for filing the return, 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 answer demand 65 Every person who fails to file a return as and when required under a demand issued under section 33 is liable to a penalty of $250. Failure to provide information 66 Every person who fails to provide any information or record as and when required under this Act is liable to a penalty of $100 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. False statements or omissions 67 Every person who knowingly, or under circumstances amounting to gross negligence or, in the Province of Quebec, gross fault, 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 a penalty of the greater of $250 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount payable under this Act 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 refund or any other payment that may be obtained under this Act, the amount, if any, by which (i) the amount that would be the refund or other payment payable to the person if the refund or other payment were determined on the basis of the information provided in the return Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Penalties Sections 67-69 exceeds (ii) the amount of the refund or other payment payable to the person. Offences and Punishment Offence for failure to file return or to comply with demand or order 68 (1) Every person who fails to file or make a return as and when required under this Act or who fails to comply with an obligation under subsection 48(5) or (8) or section 49 or an order made under section 74 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 $1,000 and not more than $25,000 or to imprisonment for a term not exceeding 12 months, or to both. Saving (2) A person who is convicted of an offence under subsection (1) for a failure to comply with a provision of this Act is not liable to pay a penalty imposed under section 65 or 66 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 69 (1) Every person commits an offence who (a) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive statement in a return, application, certificate, record or answer filed or made as required under this Act; (b) for the purposes of evading payment of any amount payable under this Act, or obtaining a refund to which the person is not entitled under this Act, (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) wilfully, in any manner, evades or attempts to evade compliance with this Act or payment of an amount payable under this Act; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Offences and Punishment Sections 69-70 (d) wilfully, in any manner, obtains or attempts to obtain a refund to which the person is not entitled under this Act; or (e) conspires with any person to commit an offence described in any of paragraphs (a) to (d). Punishment (2) Every person who 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 (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 refund sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $1,000 and not more than $25,000; (b) imprisonment for a term not exceeding 18 months; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding 18 months. Penalty on conviction (3) A person who is convicted of an offence under subsection (1) is not liable to pay a penalty imposed under any of sections 64 to 67 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 (4) If, in any appeal under this Act, 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, on doing so, the proceedings before the Tax Court of Canada are stayed pending a final determination of the outcome of the prosecution. Failure to pay charges 70 Every person who wilfully fails to pay a charge as and when required under this Act is guilty of an offence punishable on summary conviction and, in addition to any penalty or interest otherwise provided, is liable to (a) a fine not exceeding the aggregate of $1,000 and an amount equal to 20% of the amount of the charge that should have been paid; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Offences and Punishment Sections 70-73 (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. Offence re confidential information 71 (1) Every person 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, if the person (a) contravenes subsection 84(2); or (b) knowingly contravenes an order made under subsection 84(7). Offence re confidential information (2) Every person (a) to whom confidential information has been provided for a particular purpose under paragraph 84(6)(a), (b), (c), (e), (h) or (k), or (b) who is an official to whom confidential information has been provided for a particular purpose pursuant to paragraph 84(6)(d), (f) or (i) and who 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. Definitions (3) In subsection (2), official and confidential information have the same meanings as in subsection 84(1). General offence 72 Every person who fails to comply with any provision of this Act or the regulations made under this Act for which no other offence is specified in this Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $1,000. Defence of due diligence 73 No person shall be convicted of an offence under section 68 or 72 if the person establishes that they exercised all due diligence to prevent the commission of the offence. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Offences and Punishment Sections 74-76 Compliance orders 74 If a person is convicted by a court of an offence for a failure to comply with a provision of this Act, the court may make any order that it considers proper in order to enforce compliance with the provision. Officers of corporations, etc. 75 If a person other than an individual commits an offence under this Act, every officer, director or representative of the person 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 conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted. Information or complaint 76 (1) An information or complaint under this Act may be laid or made by any employee of the 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 Act, it is deemed to have been laid or made by a person so authorized by the Minister and shall 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 Act may be for one or more offences, and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act 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 Act may be heard, tried or determined by any court, if the accused is resident, carrying on business, found or apprehended or is in custody within the court’s territorial jurisdiction even if the matter of the information or complaint did not arise within that territorial jurisdiction. Limitation of prosecutions (4) An information or complaint under the provisions of the Criminal Code relating to summary convictions, in respect of an offence under this Act, may be laid or made within two years after the day on which the matter of the information or complaint arose. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Inspections Section 77 Inspections By whom 77 (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 Act, inspect, audit or examine the records, processes, property or premises of a person in order to determine whether that or any other person is in compliance with this Act. 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 records or carries on any activity to which this Act applies; 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 Act; and (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 Act, the judge may, to the extent that access was or may be expected to Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Inspections Sections 77-78 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 Act. 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 78 (1) On application by the Minister, a judge may, despite section 74, order a person to provide any access, assistance, information or record sought by the Minister under section 49 or 77 if the judge is satisfied that (a) the person was required under section 49 or 77 to provide the access, assistance, information or record and did not do so; and (b) in the case of information or a record, the information or record is not protected from disclosure by solicitor-client privilege. Notice required (2) An application under subsection (1) must not be heard before the end of five clear days after the day on which the notice of application is served on the person against whom 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. 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Inspections Sections 78-81 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. Copies 79 If any record is seized, inspected, audited, examined or provided under any of sections 49, 77, 78 and 83, the person by whom it is seized, inspected, audited or examined or to whom it is provided or any officer of the Agency may make or cause to be made one or more copies of it and, in the case of an electronic document, make or cause to be made a print-out of the electronic document. Any document 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 document, 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. Prohibition 80 (1) No person shall, physically or otherwise, do or attempt to do either of the following: (a) interfere with, hinder or molest any person doing anything the person is authorized to do under this Act; or (b) prevent any person from doing anything the person is authorized to do under this Act. Compliance (2) Every person shall, unless the person is unable to do so, do everything the person is required to do by or pursuant to any of sections 49, 77 to 79 and 83. Definition of foreign-based information or record 81 (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 Act, including the collection of any amount payable under this Act by any person. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Inspections Section 81 Requirement to provide foreign-based information (2) Despite any other provision of this Act, the Minister may, by notice served personally or sent by registered or certified mail, require a person resident in Canada or a non-resident person who carries on business in Canada to provide any foreign-based information or record. Content of notice (3) A notice referred to in subsection (2) shall set out (a) a reasonable period 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 set out in the notice. Review by judge (4) The person on whom a notice of a requirement is served or to whom a notice of requirement is sent under subsection (2) may, within 90 days after the service or sending of the notice, 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; (b) vary the requirement if satisfied that it is appropriate to do so in the circumstances; or (c) set aside the requirement if satisfied that it is unreasonable. Clarification (6) For the purposes of subsection (5), a requirement to provide information or a record shall not 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 whom the notice of the requirement is served or to whom the notice of requirement is sent under subsection (2) if that person is related to the non-resident person. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Inspections Sections 81-83 Time during consideration not to count (7) The period between the day on which an application for the review of a requirement is made under subsection (4) and the day on which the review is decided shall not be counted in the computation of (a) the period set out in the notice of the requirement; and (b) the period within which an assessment may be made under section 50 or 51. 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 Act shall, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or record covered by that notice. Information respecting non-resident persons 82 Every corporation that, at any time in a taxation year, was resident in Canada or carried on business in Canada shall, in respect of each non-resident person with whom it was not dealing at arm’s length at any time in the year, file with the Minister, within six months after the end of the year, information specified by the Minister for the year in respect of transactions with that person. Investigation Search warrant 83 (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 Act and to seize the record or thing and, as soon as is practicable, bring it before, or make a report in respect of it to, the judge or, where 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) shall be supported by information on oath establishing the facts on which the application is based. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Investigation Section 83 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 Act 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 such a record or thing. Contents of warrant (4) A warrant issued under subsection (1) shall refer to the offence for which it is issued, identify the building, receptacle or place to be searched and the person who is alleged to have committed the offence, and it shall be reasonably specific as to any record or thing to be searched for and seized. Seizure of record (5) Any person who 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 Act and shall, as soon as is practicable, bring the record or thing before, or make a report in respect of it to, the judge who 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 of things seized (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 it is made to a judge, the judge shall, unless the Minister waives retention, order that it be retained by the Minister, who shall 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 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 it 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, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Investigation Sections 83-84 order that the record or thing be returned to the person from whom it was seized or the person who is otherwise legally entitled to it, 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 whom 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 record, to obtain one copy of the record at the expense of the Minister. Confidentiality of Information Definitions 84 (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 Act. (personne autorisée) confidential information means information of any kind and in any form that relates to one or more persons and that is obtained by or on behalf of the Minister for the purposes of this Act, and any information that is prepared from such information, but does not include information that does not directly or indirectly reveal the identity of the person to whom it relates. (renseignement confidentiel) court of appeal has the same meaning as in section 2 of the Criminal Code. (cour d’appel) official means a person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of, Her Majesty in right of Canada or a province, or a person who was formerly so employed, who formerly occupied such a position or who formerly was so engaged. (fonctionnaire) Provision of information (2) Except as authorized under this section, no official shall knowingly (a) provide, or allow to be provided, to any person any confidential information; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Confidentiality of Information Section 84 (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. Provision of information in legal proceedings (3) Despite any other Act of Parliament or other law, no official shall be required, in connection with any legal proceedings, to give or produce evidence relating to any confidential information. Communications where proceedings have been commenced (4) Subsections (2) and (3) do not apply in respect of (a) criminal proceedings that have been commenced by the laying of an information or the preferring of an indictment under an Act of Parliament; (b) any legal proceedings relating to the administration or enforcement of this Act, the Customs Act, the Export and Import Permits Act or any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty, before a court of record, including a court of record in a jurisdiction outside Canada; or (c) any legal proceedings under an international agreement relating to trade before (i) a court of record, including a court of record in a jurisdiction outside Canada, (ii) an international organization, or (iii) a dispute settlement panel or an appellate body created under an international agreement relating to trade. Circumstances involving danger (5) The Minister may provide to appropriate persons any confidential information relating to imminent danger of death or physical injury to any individual. Disclosure of confidential information (6) An official may Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Confidentiality of Information Section 84 (a) provide to a person any confidential information that may reasonably be regarded as necessary for the purpose of the administration or enforcement of this Act, solely for that purpose; (b) provide to a person confidential information that can reasonably be regarded as necessary for the purposes of determining any liability or obligation of the person or any refund to which the person is or may become entitled under this Act; (c) provide, allow to be provided, or allow inspection of or access to any confidential information to or by (i) any person, or any person within a class of persons, that the Minister may authorize, subject to any conditions that the Minister may specify, or (ii) any person otherwise legally entitled to the information by reason of an Act of Parliament, solely for the purposes for which that person is entitled to the information; (d) provide confidential information (i) to an official of the Department of Finance solely for the purposes of the administration of a federal-provincial agreement made under the FederalProvincial Fiscal Arrangements Act, (ii) to an official solely for the purpose of the formulation, evaluation or implementation of a fiscal or trade policy or for the purposes of the administration or enforcement of the Customs Act, the Export and Import Permits Act, any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty or an international agreement relating to trade, (iii) to an official solely for the purposes of the negotiation or implementation of an international agreement relating to trade, (iv) to an official of the government of a province solely for the purposes of the formulation or evaluation of a fiscal or trade policy or any other policy relating to softwood lumber products, (v) to an official of a department or agency of the Government of Canada or of a province as to the name, address, occupation, size or type of business of a person, solely for the purposes of enabling that department or agency to obtain statistical data for research and analysis, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Confidentiality of Information Section 84 (vi) to an official solely for the purposes of setting off, against any sum of money that may be payable by Her Majesty in right of Canada, a debt due to (A) Her Majesty in right of Canada, or (B) Her Majesty in right of a province on account of taxes payable to the province where an agreement exists between Canada and the province under which Canada is authorized to collect taxes on behalf of the province, or (vii) to an official solely for the purposes of section 7.1 of the Federal-Provincial Fiscal Arrangements Act; (e) provide confidential information to an official or any person employed by or representing the government of a foreign state, an international organization established by the governments of states, a community of states, or an institution of any such government or organization, in accordance with an international convention, agreement or other written arrangement relating to trade between the Government of Canada or an institution of the Government of Canada and the government of the foreign state, the organization, the community or the institution, solely for the purposes set out in that arrangement; (f) provide confidential information solely for the purposes of sections 23 to 25 of the Financial Administration Act; (g) use confidential information to compile information in a form that does not directly or indirectly reveal the identity of the person to whom the information relates; (h) use, or provide to any person, confidential information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by Her Majesty in right of Canada in respect of a period during which the authorized person was employed by or engaged by or on behalf of Her Majesty in right of Canada to assist in the administration or enforcement of this Act, to the extent that the information is relevant for that purpose; (i) provide access to records of confidential information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Confidentiality of Information Section 84 (j) use confidential information relating to a person to provide information to that person; and (k) provide confidential information to a police officer, within the meaning assigned by subsection 462.48(17) of the Criminal Code, solely for the purpose of investigating whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, if (i) that information can reasonably be regarded as being relevant for the purpose of ascertaining the circumstances in which an offence under the Criminal Code may have been committed, or the identity of the person or persons who may have committed an offence, with respect to an official, or with respect to any person related to that official, (ii) the official was or is engaged in the administration or enforcement of this Act, and (iii) the offence can reasonably be considered to be related to that administration or enforcement. Measures to prevent unauthorized use or disclosure (7) 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 (8) An official may provide confidential information relating to a person (a) to that person; and Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Confidentiality of Information Sections 84-85 (b) with the consent of that person, to any other person. Appeal from order or direction (9) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed without delay 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 (10) The court to which an appeal is taken under subsection (9) 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 shall apply, with any modifications that the circumstances require, in respect of an appeal instituted under subsection (9). Stay (11) An appeal instituted under subsection (9) shall stay the operation of the order or direction appealed from until judgment is pronounced. Collection Definitions 85 (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 88 to 93. (action) charge debt means any amount payable by a person under this Act. (dette fiscale) 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 85 executor, a liquidator of a succession, a committee, or any other similar person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. (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 Act. 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 Act, 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 is mailed to the person, or a notice referred to in subsection 94(1) in respect of the charge debt is mailed to or served on the person, on the last day on which one of those notices is mailed or served, and (ii) if no notice referred to in subparagraph (i) in respect of the charge debt was mailed or served, on the 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 85 (a) the person acknowledges the charge debt in accordance with subsection (7); (b) the Minister commences an action to collect the charge debt; or (c) the Minister, under subsection 89(7) or 95(4), assesses 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 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 shall be added the number of days on which one or more of the following is the case: (a) the Minister has accepted and holds security in lieu of payment of the charge debt; (b) 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; or (c) 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. Assessment before collection (10) The Minister may not take any collection action under sections 88 to 93 in respect of any amount payable by a person that may be assessed under this Act, other than Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 85-86 interest under section 34 or penalty under section 64 or 65, unless the amount has been assessed. Interest on judgments (11) If a judgment is obtained for any amount payable under this Act, including a certificate registered under section 88, the provisions of this Act 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 the same manner as the judgment debt. Litigation costs (12) 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 Act applies, sections 88 to 94 apply to the amount as if it were payable under this Act. Collection restrictions 86 (1) If a person is liable for the payment of an amount under this Act, the Minister shall 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 issued under this Act in respect of the amount: (a) commence legal proceedings in a court; (b) certify the amount under section 88; (c) require a person to make a payment under subsection 89(1); or (d) require an institution or a person to make a payment under subsection 89(2). No action after service of notice of objection (2) If a person has served a notice of objection under this Act to an assessment of an amount payable under this Act, the Minister shall 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 appealing to Tax Court of Canada (3) If a person has appealed to the Tax Court of Canada from an assessment of an amount payable under this Act, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 86-87 the Minister shall not, for the purpose of collecting the amount in controversy, take any of the actions described in subsection (1) before the day on which a copy of the decision of the Court is mailed to the person or the day on which the person discontinues the appeal, whichever is the earlier. No action pending determination by court (4) If a person has agreed under subsection 62(1) that a question should be determined by the Tax Court of Canada, or if a person is served with a copy of an application made under subsection 63(1) to that Court for the determination of a question, the Minister shall 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 will 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 of this section, if a person has served a notice of objection under this Act 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. Authorization to proceed without delay 87 (1) Despite section 86, if, on ex parte application by the Minister, a judge is satisfied that there are reasonable grounds to believe that the collection of all or any part of an amount assessed in respect of a person would be jeopardized by a delay in the collection of the amount, the judge shall, on any terms that the judge considers reasonable in the circumstances, authorize the Minister to take without delay any of the actions described in subsection 86(1) with respect to the amount. Notice of assessment not sent (2) An authorization under subsection (1) in respect of an amount assessed may be granted by a judge even if a notice of assessment in respect of that amount has not been sent to the person at or before the time the Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 87 application is made if the judge is satisfied that the receipt of the notice of assessment by the person would likely further jeopardize the collection of the amount, and for the purposes of sections 85, 88 to 90, 92 and 93, the amount in respect of which an authorization is so granted is deemed to be an amount payable under this Act. Affidavits (3) Statements contained in an affidavit of a person filed in the context of an application under this section may be based on the belief of the person. Service of authorization and of notice of assessment (4) An authorization granted under this section in respect of a person shall be served by the Minister on the person within 72 hours after it is granted unless the judge orders the authorization to be served at some other time specified in the authorization. If a notice of assessment has not been sent to the person at or before the time of the application, the notice of assessment shall be served together with the authorization. How service effected (5) For the purposes of subsection (4), service on a person shall be effected by (a) personal service on the person; or (b) service in accordance with the directions, if any, of a judge. Application to judge for direction (6) If service on a person 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 (7) If a judge of a court has granted an authorization under this section 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 (8) An application under subsection (7) shall be made (a) within 30 days after 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 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 87-88 Hearing in camera (9) An application under subsection (7) may, on the application of the person, be heard in camera, if the person establishes to the satisfaction of the judge that the circumstances of the case justify in camera proceedings. Disposition of application (10) On an application under subsection (7), the judge shall determine the question summarily and may confirm, set aside or vary the authorization and make any other order that the judge considers appropriate. Directions (11) 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 direction in this section with respect to it, a judge may give any direction that the judge considers appropriate. No appeal from review order (12) No appeal lies from an order of a judge made under subsection (10). Certificates 88 (1) Any amount payable by a person (in this section referred to as the “debtor”) under this Act that has not been paid as and when required under this Act 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 in respect of a debtor shall 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 Act 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 paid or incurred for the registration in the Federal Court of a certificate or in respect of any proceedings taken to collect the amount certified are recoverable in the same 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 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 88 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 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 such property, held by the debtor, or (b) such property or interest 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 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 88 (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 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 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 similar 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 of a property 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 shall be accepted for filing, registration or other recording or the access shall 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 referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b) for the purpose of a similar proceeding, except that, if the memorial or document is issued by Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 88 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. Sale, etc. (8) Despite any other law of Canada or law of a province, a sheriff or other person shall 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, but if that consent is subsequently given, any property that would have been affected by such a process, charge, lien, priority or binding interest if the Minister’s consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be, shall be bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time the 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 shall 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 shall be completed for the same purpose, and the sheriff or other person, having complied with this subsection, is deemed to have complied with the Act, regulation or rule requiring the information to be set out in the minute, notice or document. Application for an order (10) A sheriff or other person who 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 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 88-89 Deemed security (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 other law of Canada or law of the legislature 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 to be charged on the separate amounts making up the amount payable in general terms as interest at the specified rate 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. Garnishment 89 (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 who is liable to pay an amount under this Act (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 becomes 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 Act. 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 89 payment on behalf of, or make a payment in respect of a negotiable instrument issued by, a debtor who is indebted to the institution and who 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 who 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 Act 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 Act 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 Act 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. Failure to comply (5) Every person who 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. Other failures 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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 89-92 (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 50 to 63 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 shall not 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 90 If a person is indebted to Her Majesty in right of Canada under this Act, 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. Acquisition of debtor’s property 91 For the purpose of collecting debts owed by a person to Her Majesty in right of Canada under this Act, the Minister may purchase or otherwise acquire any interest 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 so acquired in any manner that the Minister considers reasonable. Money seized from debtor 92 (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 who is liable to Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 92-94 pay any amount under this Act (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 Act. Receipt of Minister (2) A receipt issued by the Minister for money turned over is a good and sufficient discharge of the requirement to restore the money to the debtor to the extent of the amount turned over. Seizure if failure to pay 93 (1) If a person fails to pay an amount as required under this Act, the Minister may in writing give 30 days notice to the person, addressed to their last 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) shall 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 that 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, shall be paid or returned to the owner of the things seized. Exemptions from seizure (4) Anything 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 94 (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 registered or certified mail addressed to their last known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount shall be paid without delay despite any other provision of this Act. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 94-95 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 93(2) to (4) apply, with any modifications that the circumstances require. Liability of directors 95 (1) If a corporation fails to pay any amount as and when required under this Act, the directors of the corporation at the time it was required to pay the amount are jointly and severally or solidarily liable, together with the corporation, to pay it and any interest that is payable on it under this Act. Limitations (2) A director of a corporation is not liable unless (a) a certificate for the amount of the corporation’s liability has been registered in the Federal Court under section 88 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has commenced liquidation or dissolution proceedings or has been dissolved, and a claim for the amount of the corporation’s liability has been proved within six months after the earlier of the date of commencement of the proceedings and the date of dissolution; or (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order. Diligence (3) A director of a corporation is not liable for a failure under subsection (1) if the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. Assessment (4) The Minister may assess any person for any amount payable by the person under this section and, if the Minister sends a notice of assessment, sections 50 to 63 apply with any modifications that the circumstances require. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 95-96 Time limit (5) An assessment of any amount payable by a person who is a director of a corporation shall not be made more than two years after the person ceased to be a director of the corporation. Amount recoverable (6) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Preference (7) If a director of a corporation pays an amount in respect of the corporation’s liability that is proved in liquidation, dissolution or bankruptcy proceedings, the director is entitled to any preference to which Her Majesty in right of Canada would have been entitled had the amount not been so paid, and if a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director’s payment, which assignment the Minister is empowered to make. Contribution (8) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim. Tax liability re transfers not at arm’s length 96 (1) Where at any time a person has transferred 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 (in this section having the same meaning as in subsection 248(1) of the Income Tax Act) or an individual who has since become the transferor’s spouse or commonlaw partner, (b) an individual who was under eighteen 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 Act an amount equal to the lesser of (d) the amount determined by the formula A-B where Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Section 96 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 160(2) of the Income 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 Act 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. However, nothing in this subsection limits the liability of the transferor under any other provision of this Act. Fair market value of undivided interest or right (2) For the purpose of this section, the fair market value at any time of an undivided interest in, or for civil law an undivided right in, a property, expressed as a proportionate interest or right 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 sections 50 to 63 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 Act, the following rules apply: (a) a payment by the transferee on account of the transferee’s liability shall, to the extent of the payment, discharge the joint liability; and (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 Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Collection Sections 96-98 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. However, nothing in this subsection limits the liability of the individual under any other provision of this Act. Definition of property (6) In this section, property includes money. Evidence and Procedure Sending by mail 97 (1) For the purposes of this Act and subject to subsection (2), anything sent by registered, certified or first class mail is deemed to have been received by the person to whom it was sent on the day it was mailed. Payment (2) A person who is required under this Act to pay an amount is deemed not to have paid it until it is received by the Receiver General. Proof of sending by mail 98 (1) If, under this Act, provision is made for sending by mail a request for information, a notice or a demand, an affidavit of an employee of the 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 employee has knowledge of the facts in the particular case; (b) such a request, notice or demand was sent by registered or certified mail on a specified day to a specified person and address; and (c) the employee identifies as exhibits attached to the affidavit the post office certificate of registration of the letter or a true copy of the relevant portion of the certificate and a true copy of the request, notice or demand. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Evidence and Procedure Section 98 Proof of personal service (2) If, under this Act, provision is made for personal service of a request for information, a notice or a demand, an affidavit of an employee of the 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 employee has knowledge of the facts in the particular case; (b) such a request, notice or demand was served personally on a specified day on the person to whom it was directed; and (c) the employee identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand. Proof of failure to comply (3) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an employee of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the employee has charge of the appropriate records and that, after a careful examination and search of the records, the employee 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 person did not make the return, application, statement, answer or certificate. Proof of time of compliance (4) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an employee of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the employee has charge of the appropriate records and that, after a careful examination of the records, the employee 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 employee of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the employee has charge of the appropriate records and that a document attached to the affidavit is a document or true copy of a document made by or on behalf of the Minister or a person exercising the Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Evidence and Procedure Section 98 powers of the Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no appeal (6) An affidavit of an employee of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the employee has charge of the appropriate records and has knowledge of the practice of the Agency 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 Act and that, after a careful examination and search of the records, the employee has been unable to find that a notice of objection or of appeal from the assessment was received within the time allowed for an objection or appeal to be filed under this Act, is evidence of the statements contained in the affidavit. Presumption (7) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an employee of the Agency, it is not necessary to prove the signature of the person or that the person is such an employee, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner or an employee authorized to exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner or the employee, 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. Mailing date (9) If a notice or demand that the Minister is required or authorized under this Act to send by mail to a person is mailed to the person, the day of mailing is deemed to be the date of the notice or demand. Date when assessment made (10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of mailing of the notice of assessment. Proof of return (11) In a prosecution for an offence under this Act, the production of a return, an application, a certificate, a Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Administration and Enforcement Evidence and Procedure Sections 98-99 statement or an answer required under this Act, 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 (12) For the purposes of this Act, a document presented by the Minister purporting to be a printout of the information in respect of a person shall be received as evidence and, in the absence of evidence to the contrary, is proof of the return filed by the person. Proof of return — production of returns, etc. (13) In a proceeding under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, 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 (14) In a prosecution for an offence under this Act, an affidavit of an employee of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the employee has charge of the appropriate records and that an examination of the records shows that an amount required under this Act to be paid to the Receiver General has not been received by the Receiver General, is evidence of the statements contained in the affidavit. Probative force of copy (15) Any copy of an original record made under section 79 that is purported to be certified by the Minister or an employee to be a copy of the original record 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. Payments to Provinces Distribution of revenue 99 (1) The Minister shall distribute, among the provinces from which the softwood lumber products originate, the revenue derived by Her Majesty in right of Canada from the charge imposed on those products under section 10 or 15, less any refunds and less the following costs incurred by Her Majesty in right of Canada, as determined by the Minister, Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Payments to Provinces Section 99 (a) costs incurred in the administration of this Act and the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act; and (b) costs incurred in relation to any litigation, including damages, in respect of this Act or that agreement. Calculations (1.1) The portion of the revenue to be distributed to a province shall be calculated in respect of each fiscal quarter in a fiscal year. Definition of fiscal year (1.2) In subsection (1.1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. Revenue (1.3) The amount of revenue to be attributed to a province for a fiscal quarter is the revenue derived from the charge imposed under section 10 or 15 on softwood lumber products originating from that province. Costs (1.4) The amount of the costs referred to in paragraphs (1)(a) and (b) to be attributed to a province for a fiscal quarter is determined by the formula A × (B/C) + D where A is the costs that the Minister becomes aware of during the fiscal quarter; B is the volume in board feet of softwood lumber products exported from the province to the United States during the fiscal quarter under export permits; C is the volume in board feet of softwood lumber products exported from all of the provinces to the United States during the fiscal quarter under export permits; and D is the total amount of the costs attributed to the province for previous fiscal quarters, including any fiscal quarter that is before the day on which this subsection comes into force, that have not already been deducted from revenue transfers to that province and that have not been previously collected under section 40.1 of the Federal-Provincial Fiscal Arrangements Act or through voluntary payments by that province to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Payments to Provinces Sections 99-101 Exception (1.5) In the case of the costs referred to in paragraph (1)(b), the formula applies unless the Minister determines under subsection (1) that the costs are to be attributed otherwise. Amount equal to or less than zero (1.6) If, after deducting any refunds and the costs referred to in paragraphs (1)(a) and (b), the resulting amount with respect to a province is equal to or less than zero, the Minister is not required to distribute any portion of the revenue to that province. Reconciliation (1.7) Except for the final reconciliation, a reconciliation of the amounts used in calculations is to be made annually. Amount of payments (2) The amount to be paid to a province shall be paid out of the Consolidated Revenue Fund. Regulations (3) The Governor in Council may, on the recommendation of the Minister for International Trade, make regulations generally to carry out the purposes of this section. 2006, c. 13, s. 99; 2014, c. 20, s. 311. Regulations Regulations — general 100 (1) The Governor in Council may make regulations (a) respecting the duration, amendment, suspension, renewal, cancellation or reinstatement of a certification under section 25; (b) prescribing any matter or thing that by this Act is to be or may be prescribed; and (c) generally to carry out the purposes and provisions of this Act. (2) [Repealed, 2014, c. 20, s. 312] 2006, c. 13, s. 100; 2014, c. 20, s. 312. Effect 101 A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and (a) has a relieving effect only; Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Regulations Sections 101-104 (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made. Expiry Regulation 102 The Governor in Council may, by regulation, declare that any of sections 10 to 15 cease to be in force on a day or days fixed in the regulation. Payment to Accounts Payment 103 From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister for International Trade, be paid and applied a sum or sums for payment to any account as determined by that Minister in order to meet Canada’s financial obligations under the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act. Transitional Provisions Transitional period 104 (1) If a person registered under section 23 exported a softwood lumber product from a region during the period beginning on October 12, 2006 and ending on the day before the day on which subsection 12(3) comes into force and the registered person would require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act in order to export the same product from that region on that day, the Minister shall refund the registered person the amount, if any, by which the amount that the registered person paid under section 10 in respect of the export of the product exceeds the amount that the registered person would have been required to pay in respect of the export of that product under that section if subsection 12(3) applied to that export. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Transitional Provisions Sections 104-105 Exception (2) If the total exports of softwood lumber products from a region, during any month of the period referred to in subsection (1), exceeds the sum of export allocations that would have been issued for that region for that month if section 6.3 of the Export and Import Permits Act, as enacted by section 111 of this Act, were in force during that month, the amount of the refund under subsection (1) in respect of the export of a softwood lumber product from that region during that month is nil. Month 105 (1) For the purpose of applying section 14 to the month of October 2006, references to a month in subsections 14(1) and (2) are deemed to be references to the period beginning on October 12, 2006 and ending on October 31, 2006. Monthly trigger volume for October 2006 (2) The monthly trigger volume applicable to a region for the month of October 2006 is the amount determined by the formula A × (B/100) × 1.1 × (20/31) where A is the value of A determined under subsection 14(3) or (4), as applicable; and B is the value of B determined under subsection 14(3) or (4), as applicable. Value of C for November 2006 (3) For the purpose of calculating the value of C as determined under subsection 14(3) or (4) for the month of November 2006 in respect of a region, (a) the reference to “exports from the region of softwood lumber products during the previous month” is deemed to be a reference to exports from the region of softwood lumber products during the period beginning on October 12, 2006 and ending on October 31, 2006; and (b) the reference to “the trigger volume for the region for the previous month” is deemed to be a reference to the volume calculated under subsection (2). Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Transitional Provisions Sections 106-117 Section 64 106 For the purposes of section 64, a return that is required to be filed before April 1, 2007 and that has not been filed before that day is deemed to be required to be filed on March 31, 2007. Retroactive regulations 107 Despite section 101, every first regulation made under subsection 17(1) or (2) or 22(2) or section 100 may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006. Retroactive regulations — Export and Import Permits Act 108 Every first regulation made under section 3, 6 or 12 of the Export and Import Permits Act or under paragraph 6.3(3)(a) of that Act, as enacted by section 111 of this Act, and arising out of the implementation of the softwood lumber agreement, as defined in subsection 2(1) of that Act, may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006. Amendments to the Export and Import Permits Act 109 [Amendment] 110 [Amendment] 111 [Amendment] 112 [Amendment] 113 [Amendment] 114 [Amendment] 115 [Amendment] 116 [Amendment] 117 [Amendment] Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 Consequential Amendments Sections 118-126 Consequential Amendments Access to Information Act 118 [Amendment] 119 [Amendment] Canada Revenue Agency Act 120 [Amendment] Tax Court of Canada Act 121 [Amendments] 122 [Amendment] 123 [Amendment] 124 [Amendment] Coordinating Amendment 125 [Amendment] Coming into Force Coming into force 126 (1) The provisions of this Act, other than subsection 12(3) and sections 64, 67 to 76 and 125, come into force or are deemed to have come into force on October 12, 2006. Subsection 12(3) (2) Subsection 12(3) comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Subsection 12(3) in force January 1, 2007, see SI/ 2007-1.] Section 64 (3) Section 64 comes into force or is deemed to have come into force on April 1, 2007. Current to June 20, 2022 Last amended on June 17, 2016 Softwood Lumber Products Export Charge, 2006 SCHEDULE Exempt Persons SCHEDULE (Section 16) Exempt Persons 1 Armand Duhamel & Fils inc. Bardeaux & Cèdres St-Honoré inc. Beaubois Coaticook inc. Busque & Laflamme inc. Carrier & Bégin inc. Clermond Hamel ltée J.D. Irving Ltd. Les Produits Forestiers D.G. ltée Marcel Lauzon inc. Mobilier Rustique (Beauce) inc. Paul Vallée inc. René Bernard inc. Roland Boulanger & Cie ltée Scierie Alexandre Lemay & Fils inc. Scierie La Patrie inc. Scierie Tech inc. Wilfrid Paquet & Fils ltée Sault Forest Products Ltd. Boccam inc. Indian River Lumber Interbois inc. Jacomau inc. Richard Lutes Cedar Inc. Séchoirs de Beauce inc. Scierie West Brome inc. Matériaux Blanchet inc. (Saint-Pamphile) Daaquam Lumber Inc. Bois Oméga ltée Fontaine inc. (J.A. Fontaine & Fils inc.) Industries Maibec inc. Les Produits Forestiers Dubé inc. 9157-9516 Québec inc. (Scierie Nord-Sud inc.) Current to June 20, 2022 Last amended on June 17, 2016

CONSOLIDATION Status of the Artist Act S.C. 1992, c. 33 Current to June 20, 2022 Last amended on June 19, 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 19, 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 19, 2017 TABLE OF PROVISIONS An Act respecting the status of the artist and professional relations between artists and producers in Canada Short Title 1 Short title PART I General Principles Proclamation and Policy concerning the Status of the Artist 2 Proclamation Policy statement PART II Professional Relations Interpretation 5 Definitions Application 6 Binding on Her Majesty Purpose 7 Purpose Freedom of Association 8 Freedom Exclusions and Presumptions 9 Artist contracting through an organization Canada Industrial Relations Board Powers 16 Regulations Board’s powers Criteria for Application 18 Criteria for application by Board Proceedings 19 Informal proceedings Review of determination or order Current to June 20, 2022 Last amended on June 19, 2017 ii Status of the Artist TABLE OF PROVISIONS Review and Enforcement of Determinations and Orders 21 Determination or order — no review by court Filing in Federal Court Certification of Artists’ Associations Prerequisites for Certification 23 By-laws required Associations of Producers 24 Formation Certification Procedure 25 Application Determination of Sector and Representativeness of an Association 26 Determination of sector Association’s representativity Certification 28 Certification Revocation of Certification 29 Application for revocation Successor Rights and Obligations 30 Mergers, etc., of associations Bargaining and Scale Agreements Notice to Bargain 31 Notice to bargain to enter into a scale agreement Duty to bargain and not to change terms and conditions Duration and Effect of Scale Agreements 33 Effect of scale agreements Board may change termination date Duty of fair representation Content and Interpretation of Scale Agreements 36 Provision for settlement without pressure tactics Determinations not to be reviewed by court Copy to be filed with Minister Powers of arbitrator and arbitration board Procedure Questions may be referred to Board Filing of determination in Federal Court Provision for settlement continues in force Current to June 20, 2022 Last amended on June 19, 2017 iv Status of the Artist TABLE OF PROVISIONS Compulsory Check-off 44 Association dues to be deducted Settlement of Labour Disputes 45 Mediation Prohibitions and Remedies Pressure Tactics 46 When pressure tactics are permitted Declarations respecting Pressure Tactics 47 Declaration — association’s pressure tactics unlawful Declaration — producer’s pressure tactics unlawful Order’s terms and duration Unfair Practices 50 Prohibitions relating to producers Prohibitions relating to artists’ associations Intimidation or coercion prohibited Complaints to Board Board may make orders Co-production Agreements 55 Co-production agreement Regulations 56 Regulations Offences and Punishment 57 Offence and penalty Prosecutions Board’s consent before prosecution Evidence 60 Documents as evidence Miscellaneous 62 Defect in form or irregularity Remuneration and expenses Witness fees and expenses Persons not required to give evidence Consequential Amendments Coming into Force *71 Coming into force Current to June 20, 2022 Last amended on June 19, 2017 v S.C. 1992, c. 33 An Act respecting the status of the artist and professional relations between artists and producers in Canada [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 Status of the Artist Act. PART I General Principles Proclamation and Policy concerning the Status of the Artist Proclamation 2 The Government of Canada hereby recognizes (a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada; (b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life; (c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians; Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART I General Principles Proclamation and Policy concerning the Status of the Artist Sections 2-5 (d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and (e) the importance to artists that they be compensated for the use of their works, including the public lending of them. Policy statement 3 Canada’s policy on the professional status of the artist, as implemented by the Minister of Canadian Heritage, is based on the following rights: (a) the right of artists and producers to freedom of association and expression; (b) the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and (c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them. 1992, c. 33, s. 3; 1999, c. 31, s. 192. 4 [Repealed, 2010, c. 12, s. 1774] PART II Professional Relations Interpretation Definitions 5 In this Part, artist means an independent contractor described in paragraph 6(2)(b); (artiste) artists’ association means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socioeconomic interests of artists who are members of the organization, and includes a federation of artists’ associations; (association d’artistes) Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil) Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Interpretation Sections 5-6 Minister means the Minister of Labour; (ministre) party means (a) in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and (b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint; (partie) pressure tactic includes (a) a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or (b) the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of engagement; (moyen de pression) producer means a government institution or broadcasting undertaking described in paragraph 6(2)(a), and includes an association of producers; (producteur) scale agreement means an agreement in writing between a producer and an artists’ association respecting minimum terms and conditions for the provision of artists’ services and other related matters; (accordcadre) Tribunal [Repealed, 2012, c. 19, s. 532] 1992, c. 33, s. 5; 2012, c. 19, s. 532. Application Binding on Her Majesty 6 (1) This Part is binding on Her Majesty in right of Canada. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Application Sections 6-8 Application (2) This Part applies (a) to the following organizations that engage one or more artists to provide an artistic production, namely, (i) government institutions listed in Schedule I to the Access to Information Act or the schedule to the Privacy Act, or prescribed by regulation, and (ii) broadcasting undertakings, including a distribution or programming undertaking, under the jurisdiction of the Canadian Radio-television and Telecommunications Commission; and (b) to independent contractors determined to be professionals according to the criteria set out in paragraph 18(b), and who (i) are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act, or directors responsible for the overall direction of audiovisual works, (ii) perform, sing, recite, direct or act, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or (iii) contribute to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts, and fall within a professional category prescribed by regulation. Purpose Purpose 7 The purpose of this Part is to establish a framework to govern professional relations between artists and producers that guarantees their freedom of association, recognizes the importance of their respective contributions to the cultural life of Canada and ensures the protection of their rights. Freedom of Association Freedom 8 An artist is free to join an artists’ association and to participate in its formation, activities and administration. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Exclusions and Presumptions Sections 9-13 Exclusions and Presumptions Artist contracting through an organization 9 (1) An artist is not excluded from the application of this Part simply by contracting through an organization. Presumption for purposes of Competition Act (2) For the purposes of subsection 4(1) of the Competition Act, (a) artists’ associations certified under this Part that were formed for the purpose of providing appropriate protection for the professional interests of the artists they represent are deemed to be combinations of employees, in relation to those activities of the association that are directed to achieving that purpose; and (b) contracts, agreements or arrangements between or among two or more producers, whether made directly between or among them or through a corporation or an association of producers, pertaining to bargaining in respect of remuneration and the terms and conditions of engagement of artists, are deemed to be contracts, agreements or arrangements. Employees excluded (3) This Part does not apply, in respect of work undertaken in the course of employment, to (a) employees, within the meaning of the Federal Public Sector Labour Relations Act, including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or (b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board. 1992, c. 33, s. 9; 1998, c. 26, s. 83; 2003, c. 22, s. 220(E); 2012, c. 19, s. 533; 2013, c. 40, s. 466; 2017, c. 9, s. 47. Canada Industrial Relations Board 10 [Repealed, 2012, c. 19, s. 534] 11 [Repealed, 2012, c. 19, s. 534] 12 [Repealed, 2012, c. 19, s. 534] 13 [Repealed, 2012, c. 19, s. 534] Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Powers Sections 14-16 14 [Repealed, 2012, c. 19, s. 534] 15 [Repealed, 2012, c. 19, s. 534] Powers Regulations 16 The Board may make any regulations that it considers conducive to the performance of its duties under this Part, and in particular regulations providing for (a) the practice and procedure before the Board, including the assessment and awarding of costs; (b) the certification of artists’ associations; (c) the conduct of representation votes; (d) the period for submission by an artists’ association of a new application for certification, if the Board previously refused to certify the association in respect of the same or substantially the same sector; (e) the period for submission of an application for revocation of the certification of an artists’ association, if the Board previously refused an application for revocation in respect of the same sector; (f) the forms to be used in any proceeding that may come before the Board; (g) the periods in which and the circumstances under which the Board may exercise its powers under section 20; (h) the period and form in which evidence and information may be presented to the Board in connection with any proceeding before it; (i) the period for sending notices and other documents, the persons and associations to which they shall be sent, and the circumstances in which they are deemed to have been sent or received; (j) the criteria for deciding whether an artist is represented by an artists’ association; (k) the circumstances in which the Board may receive evidence in order to establish whether any artists wish to be represented by a particular artists’ association, and the circumstances in which that evidence may not be made public; and (l) the delegation to any person of the Board’s powers and duties, other than the power to delegate or to Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Powers Sections 16-17 make regulations, and that person’s obligations with respect to those powers and duties. 1992, c. 33, s. 16; 2012, c. 19, s. 535. Board’s powers 17 The Board may, in relation to any proceeding before it under this Part, (a) on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction; (b) administer oaths and solemn affirmations; (c) accept any evidence and information that it sees fit, on oath, by affidavit or otherwise, whether or not the evidence is admissible in a court of law; (d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification; (e) examine documents pertaining to the constitution, articles of association or by-laws of an artists’ association; (f) make any examination of records and any inquiries that it considers necessary; (g) require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists; (h) order, at any time before the conclusion of the proceeding, that (i) a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and (ii) the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board; (i) authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it; Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Powers Sections 17-18 (j) adjourn or postpone the proceeding; (k) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence; (l) amend or permit the amendment of any document filed; (m) add any person to the proceeding at any stage thereof; (n) set requirements for public notice in respect of any application made under this Part; (o) award costs; and (p) decide any question that arises in the proceeding, including whether (i) a person is a producer or an artist, (ii) an artist is a member of, or is represented by, an artists’ association, (iii) an organization constitutes an association of producers, an artists’ association, or a federation of artists’ associations, (iv) a group of artists constitutes a sector suitable for bargaining, (v) a scale agreement has been entered into or is in force, and the dates that it comes into force and expires, and (vi) any person or organization is a party to or is bound by a scale agreement. 1992, c. 33, s. 17; 2012, c. 19, s. 536. Criteria for Application Criteria for application by Board 18 The Board shall take into account (a) in deciding any question under this Part, the applicable principles of labour law; and (b) in determining whether an independent contractor is a professional for the purposes of paragraph 6(2)(b), whether the independent contractor Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Criteria for Application Sections 18-19 (i) is paid for the display or presentation of that independent contractor’s work before an audience, and is recognized to be an artist by other artists, (ii) is in the process of becoming an artist according to the practice of the artistic community, or (iii) is a member of an artists’ association. 1992, c. 33, s. 18; 2012, c. 19, s. 537. Proceedings Informal proceedings 19 (1) In any proceeding before it under this Part, the Board (a) shall proceed as informally and expeditiously as the circumstances and considerations of fairness permit; (b) is not bound by legal or technical rules of evidence; and (c) may receive and decide on any evidence adduced that the Board believes to be credible. Consultation (2) In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada. Right to appear (3) Any interested person may intervene in a proceeding before the Board with its permission, and anyone appearing before the Board may be represented by counsel or an agent or mandatary. Notice of facts (4) The Board may take notice of facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information that is within its specialized knowledge. Notification of intention (5) The Board shall notify the parties and any intervenor in the proceeding before it of its intention to take notice of any facts or information, other than facts that may be judicially noticed, and afford them an opportunity to make representations in that regard. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Proceedings Sections 19-21 Report on evidence (6) The Chairperson of the Board may direct any member to receive evidence relating to a matter before the Board, to make a report on it to the Board, and to provide a copy of the report to all parties and any intervenor in the proceeding. Conclusions (7) After granting all parties and intervenors an opportunity to make representations on any report made under subsection (6), the Board may make a determination on the basis of the report or hold any further hearings that it considers necessary in the circumstances. 1992, c. 33, s. 19; 2012, c. 19, s. 538; 2014, c. 20, s. 460. Review of determination or order 20 (1) The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision. Interim decision (2) When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues. 1992, c. 33, s. 20; 2012, c. 19, s. 538. Review and Enforcement of Determinations and Orders Determination or order — no review by court 21 (1) Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. No review by certiorari, etc. (2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Canada Industrial Relations Board Review and Enforcement of Determinations and Orders Sections 21-23 way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise. 1992, c. 33, s. 21; 2002, c. 8, s. 182; 2012, c. 19, s. 538. Filing in Federal Court 22 (1) On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it. Registration (2) If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding. Effect of registration (3) After registration under subsection (2), a determination or order has the force and effect of a judgment of the Federal Court, and any person or organization may take proceedings on it as if it were a judgment obtained in that Court. 1992, c. 33, s. 22; 2012, c. 19, s. 539. Certification of Artists’ Associations Prerequisites for Certification By-laws required 23 (1) No artists’ association may be certified unless it adopts by-laws that (a) establish membership requirements for artists; (b) give its regular members the right to take part and vote in the meetings of the association and to participate in a ratification vote on any scale agreement that affects them; and (c) provide its members with the right of access to a copy of a financial statement of the affairs of the association to the end of the previous fiscal year, certified to be a true copy by the authorized officer of the association. Prohibited by-laws (2) No by-laws of the association may have the effect of discriminating unfairly against an artist so as to prevent Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Certification of Artists’ Associations Prerequisites for Certification Sections 23-25 the artist from becoming or continuing as a member of the association. Associations of Producers Formation 24 (1) Producers may form an association for the purpose of bargaining and entering into scale agreements under this Act. Filing membership list (2) In addition to any other information that the Board may require, an association of producers shall file its membership list with the Board, keep the list up to date and send a copy of it to every certified artists’ association to which it has issued, or from which it has received, a notice to bargain under section 31. Effect of filing membership list (3) After filing its membership list, an association of producers has the exclusive right to bargain on behalf of its members for the purpose of entering into or amending a scale agreement. 1992, c. 33, s. 24; 2012, c. 19, s. 540. Certification Procedure Application 25 (1) An artists’ association may, if duly authorized by its members, apply to the Board in writing for certification in respect of one or more sectors (a) at any time, in respect of a sector for which no artists’ association is certified and no other application for certification is pending before the Board; (b) in the three months immediately before the date that the certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector; or (c) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification, if no scale agreement is in force in respect of the sector. Accompanying documents (2) An application for certification must include the membership list of the artists’ association, a certified copy of its by-laws and any other information required by the Board. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Certification of Artists’ Associations Certification Procedure Sections 25-26 Public notice of application (3) The Board shall give public notice of any application for certification in respect of any sector without delay, indicating any period in which another application may be made by any other artists’ association, despite subsection (1), for certification in respect of that sector or any part of it. When application may not be made (4) No application for certification in respect of a sector may be made, except with the Board’s consent, after the expiry of the period indicated in any public notice given under subsection (3). 1992, c. 33, s. 25; 2012, c. 19, s. 541. Determination of Sector and Representativeness of an Association Determination of sector 26 (1) After the application period referred to in subsection 25(3) has expired, the Board shall determine the sector or sectors that are suitable for bargaining, taking into account (a) the common interests of the artists in respect of whom the application was made; (b) the history of professional relations among those artists, their associations and producers concerning bargaining, scale agreements and any other agreements respecting the terms of engagement of artists; and (c) any geographic and linguistic criteria that the Board considers relevant. Right to intervene (2) Despite subsection 19(3), only the artists in respect of whom the application was made, artists’ associations and producers may intervene as of right on the issue of determining the sector that is suitable for bargaining. Notice of determination (3) The Board shall give the artists’ association concerned and any intervenors notice of its determination under subsection (1) without delay, and that determination is deemed to be interlocutory, despite section 21. 1992, c. 33, s. 26; 2012, c. 19, s. 541. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Certification of Artists’ Associations Determination of Sector and Representativeness of an Association Sections 27-28 Association’s representativity 27 (1) After determining the sector under subsection 26(1), the Board shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Board considers appropriate. Right to intervene (2) Despite subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association. 1992, c. 33, s. 27; 2012, c. 19, s. 541. Certification Certification 28 (1) If the Board is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Board shall certify the association. Certification period (2) Certification is valid for a period of three years after the date that the Board issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods. Extension of period of certification (3) Where, in the three months immediately before the date that the certification or renewed certification of an artists’ association is to expire, an application for certification in respect of the same or substantially the same sector, or an application for revocation of certification, is filed, the period of validity of the association’s certification is extended until the date that the application is accepted or rejected and, where it is rejected, renewal of the association’s certification takes effect from that date. Register (4) The Board shall keep a register of all issued certificates and of their dates of issue. Effects of certification (5) After certification of an artists’ association in respect of a sector, (a) the association has exclusive authority to bargain on behalf of artists in the sector; (b) the certification of any association that previously represented artists in the sector is revoked in so far as it relates to them; and Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Certification of Artists’ Associations Certification Sections 28-29 (c) the association is substituted as a party to any scale agreement that affects artists in the sector, to the extent that it relates to them, in place of the association named in the scale agreement or its successor. 1992, c. 33, s. 28; 2012, c. 19, s. 542. Revocation of Certification Application for revocation 29 (1) An artist in a sector may apply to the Board for an order revoking an association’s certification in respect of that sector (a) on the ground that the association’s by-laws contravene the requirements of subsection 23(2), at any time; and (b) on the ground that that association is no longer the most representative of artists in the sector, or has failed to make reasonable efforts to conclude a scale agreement, (i) in the three months immediately before the date that the association’s certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector, or (ii) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification of the association, if no scale agreement is in force. Stay of proceedings (2) The Board may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) if the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Board may specify. Date of revocation (3) Revocation of certification is effective as of the date of the Board’s determination to revoke it or, if an association fails to adopt by-laws within a period specified by the Board under subsection (2), on the expiry of that period. Effect of revocation (4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify. 1992, c. 33, s. 29; 2012, c. 19, s. 543. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Certification of Artists’ Associations Successor Rights and Obligations Sections 30-31 Successor Rights and Obligations Mergers, etc., of associations 30 (1) An artists’ association that succeeds a certified artists’ association as a result of a merger, amalgamation or transfer of jurisdiction among associations acquires the rights, privileges and duties of that certified association under this Part, whether under a scale agreement or otherwise. Board to determine questions (2) On application by an artists’ association affected by a merger, amalgamation or transfer of jurisdiction, the Board shall determine the rights, privileges and duties that the association has acquired under this Part or under a scale agreement as a result of the transaction. 1992, c. 33, s. 30; 2012, c. 19, s. 544. Bargaining and Scale Agreements Notice to Bargain Notice to bargain to enter into a scale agreement 31 (1) Where an artists’ association is certified in respect of a sector, the association or a producer may issue a notice requiring the other party to begin bargaining for the purpose of entering into a scale agreement. Notice to bargain to renew or revise a scale agreement or enter into a new scale agreement (2) Where a scale agreement is in force, either party may, in the three months immediately preceding the date that the agreement expires or within any longer period stipulated in the agreement, issue a notice to the other party to begin bargaining in order to renew or revise it or to enter into a new scale agreement. Notice to bargain (3) An association substituted as a party to a scale agreement pursuant to paragraph 28(5)(c) may, within six months after the date of its certification, issue a notice requiring the producer that is a party to the agreement to begin bargaining for the purpose of renewing or revising it or entering into a new scale agreement. Revision during term (4) Where a scale agreement provides for revision during its term, a party entitled to do so by the agreement may give notice to the other party to begin bargaining in order to revise any provision of the agreement. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Notice to Bargain Sections 31-33 Notice to Minister (5) Any party that issues a notice to the other party to begin bargaining shall send a copy of the notice to the Minister without delay. Duty to bargain and not to change terms and conditions 32 Where a notice to begin bargaining has been issued under section 31, (a) the artists’ association and the producer shall without delay, but in any case within twenty days after the notice was issued, unless they otherwise agree, (i) meet, or send authorized representatives to meet, and begin to bargain in good faith, and (ii) make every reasonable effort to enter into a scale agreement; and (b) the producer shall not alter, without the consent of the artists’ association, any term or condition of engagement, including the rates of remuneration, or any right or privilege of an artist or the association, that is contained in the scale agreement, until such time as pressure tactics are permitted under section 46. Duration and Effect of Scale Agreements Effect of scale agreements 33 (1) For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3). Scale agreement to be filed (2) The parties to a scale agreement shall file a copy of the agreement with the Minister without delay. Association of producers (3) A scale agreement entered into by an association of producers binds, even in the event that the association is dissolved, each producer that (a) is a member of the association at the time the agreement is signed and did not give the parties notice of withdrawal before the agreement was signed; (b) not being a party to any other scale agreement in respect of the same sector, subsequently becomes a member of that association; or Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Duration and Effect of Scale Agreements Sections 33-36 (c) withdraws from membership in the association. Saving more favourable benefits (4) A scale agreement applies notwithstanding any inconsistency with a contract between an artist and a producer, but it shall not be applied so as to deprive an artist of a right or benefit under the contract that is more favourable to the artist than is provided for under the agreement. Application (5) The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract. 1992, c. 33, s. 33; 2012, c. 19, s. 545. Board may change termination date 34 On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association. 1992, c. 33, s. 34; 2012, c. 19, s. 546. Duty of fair representation 35 An artists’ association that is certified in respect of a sector, or a representative thereof, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the artists in the sector in relation to their rights under the scale agreement that is applicable to them. Content and Interpretation of Scale Agreements Provision for settlement without pressure tactics 36 (1) Every scale agreement must contain a provision for final settlement without pressure tactics, by arbitration or otherwise, of all differences between the parties or among artists bound by the agreement, concerning its interpretation, application, administration or alleged contravention. Where arbitrator to be appointed (2) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that does not contain the provision for final settlement required by subsection (1) shall be submitted for final settlement (a) to an arbitrator selected by the parties; or Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Content and Interpretation of Scale Agreements Sections 36-37 (b) where the parties are unable to agree on an arbitrator and either party makes a written request to the Minister to appoint one, to the arbitrator appointed by the Minister after any inquiry that the Minister considers necessary. Submission of difference to arbitration (3) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that contains a provision for final settlement by an arbitration board shall, if either party fails to name its nominee to the board, be submitted for final settlement to an arbitrator in accordance with subsection (2). Request to Minister to appoint arbitrator or arbitration board chairperson (4) Where a scale agreement contains a provision for final settlement without pressure tactics of differences described in subsection (1) by an arbitrator or arbitration board and the parties cannot agree on the selection of the arbitrator or arbitration board chairperson, either party or its nominee may, notwithstanding anything in the agreement, make a written request to the Minister to appoint the arbitrator or arbitration board chairperson, as the case may be. Appointment by Minister (5) On receipt of a request made under subsection (4), the Minister shall appoint an arbitrator or arbitration board chairperson, after any inquiry that the Minister considers necessary. Presumption (6) An arbitrator or arbitration board chairperson appointed pursuant to subsection (2), (3) or (5) is deemed to be appointed in accordance with the scale agreement. Determinations not to be reviewed by court 37 (1) Every determination of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court. No review by certiorari, etc. (2) No order shall be made or proceeding taken in any court, by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any proceedings under this Part. Status of arbitrator or arbitration board (3) For the purposes of the Federal Courts Act, an arbitrator or an arbitration board appointed pursuant to a scale agreement or this Part is not a federal board, Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Content and Interpretation of Scale Agreements Sections 37-40 commission or other tribunal within the meaning of that Act. 1992, c. 33, s. 37; 2002, c. 8, s. 182; 2012, c. 19, s. 547. Copy to be filed with Minister 38 A copy of every determination of an arbitrator or arbitration board shall be sent to the parties, filed with the Minister and, in the circumstances prescribed by regulation, made available to the public. Powers of arbitrator and arbitration board 39 (1) An arbitrator or arbitration board has, in relation to any proceeding before the arbitrator or the board, the powers conferred on the Board under paragraphs 17(a) to (c) and the power to determine whether any matter referred to the arbitrator or the board is arbitrable. Idem (2) Where an artist’s services have been terminated or an artist has been disciplined by a producer for cause pursuant to the scale agreement and there is no specific penalty in either the agreement or the contract between the artist and the producer, the arbitrator or arbitration board has the power to substitute for the termination of services or the discipline any other penalty that seems to the arbitrator or the board to be just and reasonable in the circumstances. 1992, c. 33, s. 39; 2012, c. 19, s. 548. Procedure 40 (1) The arbitrator or arbitration board shall decide the procedure for hearings, and the parties shall be given the opportunity to present evidence and make submissions and may be represented by counsel or an agent or mandatary. Determination of arbitration board (2) Where a difference described in subsection 36(1) is submitted to an arbitration board, the majority of the board shall determine the issue, but if the majority cannot agree, the chairperson’s decision is the determination of the board. Arbitration costs, fees and expenses (3) Where the parties submit a difference described in subsection 36(1) to an arbitrator or an arbitration board, unless otherwise provided in the scale agreement or agreed by the parties, each party shall pay (a) its own costs and the fees and expenses of any member of an arbitration board that it nominates; and (b) an equal portion of the fees and expenses of the arbitrator or arbitration board chairperson, whether Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Content and Interpretation of Scale Agreements Sections 40-43 selected by the parties or their nominees or appointed by the Minister under this Part. 1992, c. 33, s. 40; 2012, c. 19, s. 549(E). Questions may be referred to Board 41 (1) An arbitrator or arbitration board shall refer to the Board for hearing and determination any question that arises in a matter before it as to the existence of a scale agreement, the identification of the parties to it or the application of the agreement to a particular sector or artist. Arbitration proceeding not suspended (2) Referral of a question to the Board under subsection (1) does not suspend the proceeding before the arbitrator or arbitration board, unless the Board so orders or the arbitrator or arbitration board decides that the nature of the question warrants suspension of the proceeding. 1992, c. 33, s. 41; 2012, c. 19, s. 550. Filing of determination in Federal Court 42 (1) Any person or association affected by a determination of an arbitrator or arbitration board may file a copy of the determination, exclusive of the reasons therefor, in the Federal Court. Registration (2) The Federal Court shall register the copy of any determination of an arbitrator or arbitration board filed pursuant to subsection (1), and after registration the determination has the same force and effect, and all proceedings may be taken thereon, as if it were a judgment obtained in that Court. Provision for settlement continues in force 43 (1) Notwithstanding anything in a scale agreement, the provision for final settlement required by subsection 36(1) remains in force after termination of the agreement and until such time as pressure tactics are permitted under section 46. Power of arbitrator where agreement terminates (2) Where a difference described in subsection 36(1) arises during the period beginning on the date of termination of the agreement and ending on the date that a period described in section 46 begins, an arbitrator or arbitration board may hear and determine the difference, and sections 36 to 42 apply. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Bargaining and Scale Agreements Compulsory Check-off Sections 44-47 Compulsory Check-off Association dues to be deducted 44 At the request of an artists’ association, a scale agreement shall include a provision requiring the producer to deduct and remit to the association without delay from the remuneration of each artist subject to the scale agreement, whether or not the artist is a member of the association, the amount of the dues regularly paid by a member of the association in accordance with its by-laws. Settlement of Labour Disputes Mediation 45 The Minister may, on request or of the Minister’s own motion, name a mediator to confer with parties who are unable to reach agreement and to assist them to enter into a scale agreement. Prohibitions and Remedies Pressure Tactics When pressure tactics are permitted 46 No artist, artists’ association or producer shall participate in, authorize or apply pressure tactics except during the period (a) beginning thirty days after a scale agreement binding the producer and the artists’ association expires and ending on the day that a new agreement is entered into in respect of that sector; or (b) beginning six months after the date of certification of an artists’ association and ending on the day that a scale agreement is entered into, where there is no scale agreement binding the producer and the artists’ association in respect of that sector. Declarations respecting Pressure Tactics Declaration — association’s pressure tactics unlawful 47 (1) If a producer alleges that an artists’ association has authorized or applied pressure tactics, or that artists have participated, are participating or are likely to participate in pressure tactics, as a result of which an artist was, is or would be in contravention of this Part, the producer may apply to the Board for a declaration that the pressure tactics are unlawful. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Declarations respecting Pressure Tactics Sections 47-49 Declaration and prohibition of pressure tactics (2) If an application is made under subsection (1), the Board may, after affording the artists and the artists’ association an opportunity to be heard, declare the pressure tactics to be unlawful and, if the producer so requests, make an order (a) requiring the association to cease or revoke its authorization of the pressure tactics; (b) enjoining artists from participating in those pressure tactics and requiring them, where applicable, to resume the work for which they were engaged; or (c) requiring an artists’ association or any officer or representative of an association of which any artist subject to an order made under paragraph (b) is a member, to give notice of the order to all artists in the sector who are members of the association. 1992, c. 33, s. 47; 2012, c. 19, s. 551. Declaration — producer’s pressure tactics unlawful 48 If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order (a) requiring the producer or any person acting on behalf of the producer to renounce or to discontinue those pressure tactics and to permit the artists to resume their work, where applicable; or (b) requiring the producer to communicate the contents of an order made under paragraph (a) without delay to all artists in the sector engaged by the producer at the time the order is made. 1992, c. 33, s. 48; 2012, c. 19, s. 552. Order’s terms and duration 49 (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order. Application for supplementary order (2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Declarations respecting Pressure Tactics Sections 49-50 any period that is indicated in the supplementary order, or may revoke the order. 1992, c. 33, s. 49; 2012, c. 19, s. 553. Unfair Practices Prohibitions relating to producers 50 No producer or person acting on behalf of a producer shall (a) refuse to engage an artist or to honour an artist’s contract, or discriminate against an artist with respect to engagement, remuneration or any other term or condition of engagement, or intimidate, threaten or discipline an artist, because the artist (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an artists’ association, or participates in the promotion, formation or administration of an artists’ association, (ii) has testified or participated in a proceeding under this Part, or may do so, (iii) has made or is about to make a disclosure that may be required in a proceeding under this Part, (iv) has made an application or filed a complaint under this Part, (v) has exercised any right under this Part or participated in pressure tactics that are not prohibited by it, or (vi) has been expelled or suspended from membership in an artists’ association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership; (b) impose any condition in a contract of engagement that prevents or has the effect of preventing an artist from exercising rights under this Part; (c) terminate an artist’s contract, or impose a financial or other penalty or take disciplinary action against an artist, because the artist refuses to perform any of the duties of another artist who is participating in or is subject to pressure tactics that are not prohibited by this Part; (d) seek by intimidation, threat of termination of a contract, imposition of a financial or other penalty, or by any other means, to compel a person to refrain Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Unfair Practices Sections 50-51 from becoming or to cease to be a member, officer or representative of an artists’ association, or to refrain from (i) testifying or participating in a proceeding under this Part, (ii) making a disclosure that may be required in a proceeding under this Part, or (iii) making an application or filing a complaint under this Part; (e) terminate the contract of, or impose any financial or other penalty on, an artist engaged by the producer, or take any disciplinary action because of the artist’s refusal to perform an act that is prohibited by this Part; or (f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector. 1992, c. 33, s. 50; 2012, c. 19, s. 554. Prohibitions relating to artists’ associations 51 No certified artists’ association or person acting on behalf of such an association shall (a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector; (b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2); (c) require a producer to terminate the contract of an artist engaged by the producer because the artist has been expelled or suspended from membership in the Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Unfair Practices Sections 51-53 association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership; (d) take disciplinary action against or impose any form of penalty on an artist by applying the standards of discipline of the association to that artist in a discriminatory manner; (e) expel or suspend an artist from membership in the association, or take disciplinary action or impose any penalty against the artist, for refusal to perform an act that is contrary to this Part; (f) discriminate unfairly against an artist with respect to becoming or continuing as a member of the association or being expelled from it, if the parties have included in a scale agreement a provision that requires membership in a specified artists’ association as a condition of engagement, or that grants a preference in engagement to such members; or (g) intimidate, coerce or impose a financial or other penalty on an artist, because the artist (i) has testified or participated in a proceeding under this Part, or may do so, (ii) has made or is about to make a disclosure that may be required in a proceeding under this Part, or (iii) has made an application or filed a complaint under this Part. 1992, c. 33, s. 51; 2012, c. 19, s. 555. Intimidation or coercion prohibited 52 No person shall seek by intimidation or coercion to compel any person or association to become or refrain from becoming or to cease to be a member of an artists’ association or an association of producers. Complaints to Board 53 (1) Any person or organization may make a complaint in writing to the Board that (a) a producer, a person acting on behalf of a producer, an artists’ association, a person acting on behalf of an artists’ association, or an artist has contravened or failed to comply with section 32, 35, 50 or 51; or (b) a person has failed to comply with section 52. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Unfair Practices Sections 53-54 Time for making complaint (2) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint. Inadmissible complaints (3) The Board shall hear the complaint unless the Board is of the opinion that it (a) is moot, or is frivolous, vexatious or in bad faith; or (b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement. Board’s duty and power (4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or an employee of the Administrative Tribunals Support Service of Canada, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint. Burden of proof (5) A written complaint that a producer or any person acting on behalf of a producer failed to comply with section 50 is itself evidence that the failure actually occurred and, if any party to the complaint proceeding alleges that the failure did not occur, the burden of proof thereof is on that party. 1992, c. 33, s. 53; 2012, c. 19, s. 556; 2014, c. 20, s. 461. Board may make orders 54 (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may (a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist, in the Board’s opinion, under the scale agreement or the artist’s contract; (b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Unfair Practices Section 54 in the Board’s opinion, it was the duty of the association to pursue; (c) in respect of a failure to comply with paragraph 50(a), (c) or (e), order a producer (i) to engage or to continue to engage, if possible, an artist who has been dealt with in a manner prohibited by that paragraph, (ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist, in the Board’s opinion, under the scale agreement or the contract, and (iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer; (d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer; (e) in respect of a failure to comply with paragraph 51(d), order an artists’ association to reinstate or admit the artist as a member; and (f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of the artist’s actual loss or of any financial or other penalty. Other orders (2) In order to ensure that the purpose of this Part is achieved, the Board may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or noncompliance with a provision referred to in that subsection. 1992, c. 33, s. 54; 2012, c. 19, s. 557. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Co-production Agreements Sections 55-57 Co-production Agreements Co-production agreement 55 (1) Where a producer enters into a co-production agreement, the producer shall ensure that the agreement designates the person who will actually engage the artists for the co-production. Application of Part to co-production (2) This Part does not apply in respect of a co-production unless the person designated pursuant to subsection (1) is a producer within the meaning of this Part. Regulations Regulations 56 On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16. 1992, c. 33, s. 56; 1995, c. 11, s. 41; 2012, c. 19, s. 558(E). Offences and Punishment Offence and penalty 57 (1) Subject to subsections (2) and (3), every person who contravenes or fails to comply with any provision of this Part other than sections 32, 50 and 51 is guilty of an offence and liable to a fine not exceeding five thousand dollars. Idem (2) Every artist, artists’ association or producer that contravenes section 46 is guilty of an offence and liable to a fine (a) not exceeding two thousand dollars, in the case of an artist; (b) not exceeding fifty thousand dollars, in the case of an officer, employee, director, agent or advisor of a certified artists’ association or director, agent or advisor of a producer; or (c) not exceeding one hundred thousand dollars, in the case of a producer or a certified artists’ association. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Offences and Punishment Sections 57-59 Further offences (3) Every person who (a) being required to attend to give evidence pursuant to paragraph 17(a), fails to attend accordingly, (b) being compelled to produce, pursuant to paragraph 17(a), any document or thing in the person’s possession or under the person’s control, fails to produce the document or thing, (c) refuses to be sworn or to affirm, as the case may be, after being required to be sworn or affirmed pursuant to paragraph 17(a), or (d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board is guilty of an offence and liable to a fine not exceeding four hundred dollars. 1992, c. 33, s. 57; 2012, c. 19, s. 559. Prosecutions 58 (1) A prosecution for an offence under this Part may be brought against and in the name of an association of producers or an artists’ association. Idem (2) For the purpose of a prosecution under subsection (1), (a) an artists’ association or an association of producers is deemed to be a person; and (b) any act or thing done or omitted to be done by an officer or agent of an artists’ association or an association of producers within the scope of the officer or agent’s authority is deemed to be an act or thing done or omitted to be done by the association. Imprisonment precluded (3) Where a person is convicted of an offence under this Part, no imprisonment may be imposed as punishment for default of payment of any fine imposed as punishment. Board’s consent before prosecution 59 No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board. 1992, c. 33, s. 59; 2012, c. 19, s. 560. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Evidence Sections 60-65 Evidence Documents as evidence 60 (1) Any document purporting to contain or to be a copy of a determination of the Board and to be signed by one of its members is admissible in evidence in any court without proof of the signature or official character of the member or any further proof. Certificate of Minister is evidence (2) A certificate, purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service, stating that any document referred to in this Part was or was not received or given by the Minister pursuant to this Part and, if received or given, stating the date that it was received or given, is admissible in evidence in any court without proof of the signature or official character of the Minister or official, or any further proof. 1992, c. 33, s. 60; 1996, c. 11, s. 88(E); 1998, c. 26, s. 84; 2012, c. 19, s. 561. 61 [Repealed, 2012, c. 19, s. 562] Miscellaneous Defect in form or irregularity 62 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity. Remuneration and expenses 63 Every person not employed in the federal public administration who, at the request of the Minister, performs functions under this Part in any capacity, other than as an arbitrator or arbitration board chairperson, shall be paid the remuneration and expenses prescribed by regulation. 1992, c. 33, s. 63; 2003, c. 22, s. 224(E). Witness fees and expenses 64 A person who is summoned by the Board and attends as a witness in any proceeding taken under this Part is entitled to be paid the allowance for expenses and the witness fees that are in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is taken. 1992, c. 33, s. 64; 2012, c. 19, s. 563. Persons not required to give evidence 65 (1) No member of the Board or person appointed by the Board or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist PART II Professional Relations Prohibitions and Remedies Miscellaneous Sections 65-71 respecting information obtained in the discharge of their duties under this Part. Chief Administrator and employees not required to give evidence (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board. 1992, c. 33, s. 65; 2012, c. 19, s. 563; 2014, c. 20, s. 462. 66 [Repealed, 2012, c. 19, s. 563] 67 [Repealed, 2012, c. 19, s. 563] Consequential Amendments 68 to 70 [Amendments] Coming into Force Coming into force 71 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: Section 1 and Part I in force May 14, 1993, see SI/93-75; sections 10 to 13, 15 and 16 in force June 11, 1993, see SI/93-92; sections 5 to 9, 14 and 17 to 70 in force May 9, 1995, see SI/ 95-61.] Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 564 Definitions 564 The following definitions apply in sections 565 to 570. Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil) Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section. (Tribunal) — 2012, c. 19, s. 565 Appointments terminated 565 (1) Members of the Tribunal cease to hold office on the coming into force of this subsection. No compensation (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Tribunal 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division. — 2012, c. 19, s. 566 Continuation of proceedings 566 Every proceeding commenced under the Status of the Artist Act before the coming into force of this section is to be taken up and continued under and in conformity with that Act, as it is amended by this Act. — 2012, c. 19, s. 567 Review of Tribunal’s determination or order 567 The Board may uphold, rescind or amend any determination or order made by the Tribunal. — 2012, c. 19, s. 568 Powers and duties 568 (1) Any power or duty that is vested in or is exercisable by the Tribunal under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the Board. Current to June 20, 2022 Last amended on June 19, 2017 Status of the Artist RELATED PROVISIONS References (2) Every reference to the Tribunal in any contract, lease, licence, deed, agreement or other document executed by the Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the Board. — 2012, c. 19, s. 569 Commencement of legal proceedings 569 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal. — 2012, c. 19, s. 570 Continuation of legal proceedings 570 Any action, suit or other legal proceeding to which the Tribunal is a party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal. Current to June 20, 2022 Last amended on June 19, 2017

CONSOLIDATION Sports Pool and Loto Canada Winding-Up Act S.C. 1985, c. 22 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 winding-up of the Canadian Sports Pool Corporation and Loto Canada Inc. Short Title 1 Short title Interpretation 2 Definitions Canadian Sports Pool Corporation 3 Corporation ceases to exist Transfer of property and obligations of the Corporation Repeal Loto Canada Inc. 6 Transfer of property and obligations of Loto Canada Inc. Legal Proceedings 7 Legal proceedings Current to June 20, 2022 ii S.C. 1985, c. 22 An Act respecting the winding-up of the Canadian Sports Pool Corporation and Loto Canada Inc. [Assented to 20th 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 Sports Pool and Loto Canada Winding-Up Act. Interpretation Definitions 2 In this Act, Corporation means the Canadian Sports Pool Corporation established by section 3 of the Athletic Contests and Events Pools Act; (Société) Her Majesty means Her Majesty in right of Canada; (Sa Majesté) Minister means the Minister of Health. (ministre) 1996, c. 8, s. 32. Canadian Sports Pool Corporation Corporation ceases to exist 3 The Corporation hereby ceases to exist. Current to June 20, 2022 Sports Pool and Loto Canada Winding-Up Canadian Sports Pool Corporation Sections 4-7 Transfer of property and obligations of the Corporation 4 (1) All rights and property held by or in the name of or in trust for the Corporation and all obligations and liabilities of the Corporation are deemed to be rights, property, obligations and liabilities of Her Majesty. Closing out affairs (2) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Corporation. Repeal 5 The Athletic Contests and Events Pools Act is repealed. Loto Canada Inc. Transfer of property and obligations of Loto Canada Inc. 6 (1) All rights and property held by or in the name of or in trust for Loto Canada Inc. and all obligations and liabilities of Loto Canada Inc. are deemed to be rights, property, obligations and liabilities of Her Majesty. Dissolution and closing out affairs (2) The Minister may do and perform all acts and things necessary for or incidental to procuring the dissolution and closing out of the affairs of Loto Canada Inc. Legal Proceedings Legal proceedings 7 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Corporation or Loto Canada Inc., or incurred by the Minister in closing out the affairs of the Corporation or Loto Canada Inc., may be brought or taken against Her Majesty in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought or taken against the Corporation or Loto Canada Inc., as the case may be. Idem (2) Any action, suit or other legal proceeding pending in any court against the Corporation or Loto Canada Inc. may be continued against Her Majesty to the same extent as it could, but for the coming into force of this Act, have been continued against the Corporation or Loto Canada Inc., as the case may be. Current to June 20, 2022

CONSOLIDATION Seeds Act R.S.C., 1985, c. S-8 Current to June 20, 2022 Last amended on January 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 January 15, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 15, 2019 TABLE OF PROVISIONS An Act respecting seeds Short Title 1 Short title Interpretation 2 Definitions Accredited Laboratories 2.1 Power of Minister Prohibitions 3 Seed not conforming to standard, etc. 3.1 Seed presenting risk of harm 3.2 Recall order — Canadian Food Inspection Agency Act Regulations 4 Regulations Incorporation by Reference 4.1 Incorporation by reference General 4.11 Export certificates 4.12 Disposition of samples 4.13 Consideration of information Licence 4.2 Issuance of licence Enforcement 5 Designation of inspectors Powers of inspectors Obstruction of inspectors Seizure 8.1 Removal or destruction of unlawful imports Current to June 20, 2022 Last amended on January 15, 2019 ii Seeds TABLE OF PROVISIONS Analysis 8.2 Analysis and examination Limitation on Liability 8.3 Her Majesty not liable 8.4 No liability Offences and Punishment 9 Offences Limitation period Certificate of analyst Venue Current to June 20, 2022 Last amended on January 15, 2019 iv R.S.C., 1985, c. S-8 An Act respecting seeds Short Title Short title 1 This Act may be cited as the Seeds Act. R.S., c. S-7, s. 1. Interpretation Definitions 2 In this Act, analyst means a person designated as an analyst pursuant to section 5; (analyste) document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document) environment means the components of the Earth and includes (a) air, land and water, (b) all layers of the atmosphere, (c) all organic and inorganic matter and living organisms, and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement) grade, in respect of seed, includes any class of seed; (catégorie) grade name includes any mark, description or designation of a grade; (dénomination de catégorie) inspector means a person designated as an inspector pursuant to section 5; (inspecteur) Current to June 20, 2022 Last amended on January 15, 2019 Seeds Interpretation Section 2 item to which this Act applies means (a) seed, (b) anything used in an activity regulated under this Act, and (c) a document that is related to seed or to any activity regulated under this Act; (chose visée par la présente loi) label includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package; (étiquette) Minister means the Minister of Agriculture and AgriFood; (ministre) package includes a sack, bag, barrel, case or any other container in which seed is placed or packed; (emballage) penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction) place includes any vehicle, vessel, railway car or aircraft; (lieu) prescribed means prescribed by regulation; seed means any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant; (semences) sell includes agree to sell, or offer, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration. (vente) Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission) violation means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act. (violation) R.S., 1985, c. S-8, s. 2; R.S., 1985, c. 49 (1st Supp.), s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 86; 1997, c. 6, s. 87; 2012, c. 24, s. 89; 2015, c. 2, s. 74. Current to June 20, 2022 Last amended on January 15, 2019 Seeds Accredited Laboratories Sections 2.1-3.1 Accredited Laboratories Power of Minister 2.1 For the purpose of this Act and the regulations, the Minister may designate all or part of any building or place used for grading, testing or analysing seeds as an accredited laboratory. 2012, c. 24, s. 90. Prohibitions Seed not conforming to standard, etc. 3 (1) Except as provided by the regulations, no person shall (a) sell, import into Canada or export from Canada any seed unless the seed conforms to the prescribed standard and is marked and packed and the package labelled as prescribed; or (b) sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered in the prescribed manner. Grade name resembling other grade name (2) No person shall (a) sell, import into Canada or export from Canada seed under a grade name or designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor; or (b) apply to seed or to a package containing seed a grade name or other designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor. Exception (3) Subsection (2) does not apply if the seed meets the requirements prescribed for the grade, has been graded and inspected as required by the regulations and is marked and packed and the package labelled in the prescribed manner. R.S., 1985, c. S-8, s. 3; R.S., 1985, c. 49 (1st Supp.), s. 3. Seed presenting risk of harm 3.1 No person shall sell, import or export in contravention of the regulations any seed that presents a risk of Current to June 20, 2022 Last amended on January 15, 2019 Seeds Prohibitions Sections 3.1-4 harm to human, animal or plant health or the environment. 2015, c. 2, s. 75. Recall order — Canadian Food Inspection Agency Act 3.2 No person shall sell seed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act. 2015, c. 2, s. 75. Regulations Regulations 4 (1) The Governor in Council may make regulations (a) establishing grades with appropriate grade names for seeds; (a.1) providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used; (a.2) respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment; (a.3) respecting the sending or conveying from one province to another or the importation or exportation of any seed; (a.4) respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another; (b) prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested; (b.1) respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation; (c) prescribing the minimum standards of purity, germination, quality and disease for seeds; (d) respecting the packing and marking of seeds and the marking and labelling of packages of seeds; (e) prescribing the terms and conditions under which variety names of seeds may be used; Current to June 20, 2022 Last amended on January 15, 2019 Seeds Regulations Section 4 (f) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations; (g) respecting the taking of samples and the testing of seeds for the purposes of this Act; (g.1) requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided; (h) respecting the fees that may be charged for any services provided under this Act; (h.1) prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale; (h.2) respecting the registration of varieties of seeds and the amendment of the register of such varieties; (h.3) specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations; (h.4) prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2); (h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation; (h.6) respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject; (i) respecting the detention, preservation and safeguarding of anything seized under section 8; (i.1) providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure; Current to June 20, 2022 Last amended on January 15, 2019 Seeds Regulations Section 4 (j) respecting the disposition of anything forfeited under section 8; (j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting (i) the information in those documents, (ii) the manner in which they are to be prepared, kept or maintained, (iii) the place where they are to be kept or maintained, and (iv) the manner in which they are to be provided or access to them is to be provided; (j.2) respecting the issuance of certificates or other documents for the purpose of section 4.11; (j.3) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act; (k) prescribing anything else that by this Act is required to be prescribed; and (l) generally, for carrying out the purposes and provisions of this Act. Weed seeds (2) The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds. Paragraphs (1)(a.2) and (a.3) (3) Regulations made under paragraph (1)(a.2) or (a.3) may, among other things, establish preclearance or intransit requirements for any imported seed or anything imported with it. Paragraph (1)(j.1) (4) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that seed presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector. R.S., 1985, c. S-8, s. 4; R.S., 1985, c. 49 (1st Supp.), s. 4; 1994, c. 26, s. 65(F); 2001, c. 4, s. 117; 2012, c. 19, s. 473, c. 24, s. 91; 2015, c. 2, s. 76. Current to June 20, 2022 Last amended on January 15, 2019 Seeds Regulations Sections 4-4.12 Incorporation by Reference Incorporation by reference 4.1 (1) A regulation made under subsection 4(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 4(1), including any amendments to the document, is accessible. Defence (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 4(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 4(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 1988, c. 65, s. 144; 2011, c. 25, s. 38; 2015, c. 2, s. 77. General Export certificates 4.11 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any seed. 2015, c. 2, s. 77. Disposition of samples 4.12 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate. 2015, c. 2, s. 77. Current to June 20, 2022 Last amended on January 15, 2019 Seeds General Sections 4.13-5 Consideration of information 4.13 In considering an application made under the regulations in relation to seed, the Minister may consider information that is available from a review or evaluation of seed conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states. 2015, c. 2, s. 77. Licence Issuance of licence 4.2 (1) The President of the Canadian Food Inspection Agency may, subject to the regulations, issue a licence authorizing any person to perform any activity specified in the licence that is related to controlling or assuring the quality of seeds or seed crops, including the sampling, testing, grading or labelling of seeds. Conditions (2) The President may, subject to the regulations, make the licence subject to any condition that he or she considers appropriate. Not transferable (3) The licence is not transferable. Amendment (4) The President may, subject to the regulations, amend, suspend or revoke the licence. 2012, c. 19, s. 474. Enforcement Designation of inspectors 5 (1) The President of the Canadian Food Inspection Agency may designate inspectors and analysts under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act. Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Current to June 20, 2022 Last amended on January 15, 2019 Seeds Enforcement Sections 5-6 Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation. R.S., 1985, c. S-8, s. 5; 1997, c. 6, s. 88; 2005, c. 38, s. 131; 2015, c. 2, s. 78(F). Powers of inspectors 6 (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) enter any place in which the inspector believes on reasonable grounds there is any seed to which this Act applies; (b) open any package found in that place that the inspector believes on reasonable grounds contains any such seed; (c) examine the seed and take samples thereof; (d) require any person to produce for inspection or for the purpose of obtaining copies or extracts any books, shipping bills, bills of lading or other documents or papers with respect to the administration of this Act or the regulations; and (e) remove anything from that place for the purpose of examination, conducting tests or taking samples. Warrant required to enter dwelling-house (1.1) Where any place referred to in paragraph (1)(a) 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 paragraph (1)(a) 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 Current to June 20, 2022 Last amended on January 15, 2019 Seeds Enforcement Sections 6-8 (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. Assistance to inspectors (2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an 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. Provision of documents, information or samples (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. R.S., 1985, c. S-8, s. 6; R.S., 1985, c. 31 (1st Supp.), s. 21; 2015, c. 2, s. 79. Obstruction of inspectors 7 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act. False statements (2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act. R.S., c. S-7, s. 8. Seizure 8 (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize the seed or package by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Current to June 20, 2022 Last amended on January 15, 2019 Seeds Enforcement Sections 8-8.1 Release of seized seed or package (2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to any seed or package seized under this Act have been complied with, the seed or package must be released. Forfeiture (3) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any penalty or punishment imposed, order that any seed or package by means of or in relation to which the violation or offence was committed be forfeited to Her Majesty in right of Canada. R.S., 1985, c. S-8, s. 8; 1995, c. 40, s. 87; 2015, c. 2, s. 80. Removal or destruction of unlawful imports 8.1 (1) An inspector who has reasonable grounds to believe that imported seed does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the seed is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it. Notice (2) The notice must either be delivered personally to the owner or importer of the seed or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the seed is not removed from Canada or destroyed within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 8(2), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. Suspension of application of subsection (3) (4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the seed will not be sold within that period; Current to June 20, 2022 Last amended on January 15, 2019 Seeds Enforcement Sections 8.1-8.2 (c) the measures that should have been taken for the seed not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the seed does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector may cancel the notice if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the seed has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the seed did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. Non-application of Statutory Instruments Act (7) The Statutory Instruments Act does not apply in respect of the notice. 2015, c. 2, s. 81. Analysis Analysis and examination 8.2 An inspector may submit to an analyst, for analysis or examination, Current to June 20, 2022 Last amended on January 15, 2019 Seeds Analysis Sections 8.2-9 (a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or (b) anything removed under paragraph 6(1)(e), any seed or package seized under subsection 8(1) or any sample of that thing, seed or package. 2015, c. 2, s. 81. Limitation on Liability Her Majesty not liable 8.3 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable (a) for any costs, loss or damage resulting from the compliance; or (b) to pay any fee, including any rent or charge, for what is done or permitted to be done. 2015, c. 2, s. 81. No liability 8.4 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. 2015, c. 2, s. 81. Offences and Punishment Offences 9 (1) Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both. Parties to offence (2) If a person other than an individual commits an offence under subsection (1), any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the Current to June 20, 2022 Last amended on January 15, 2019 Seeds Offences and Punishment Sections 9-12 commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. Proof of offence (3) 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 an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or 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. (4) and (5) [Repealed, 2015, c. 2, s. 82] R.S., 1985, c. S-8, s. 9; R.S., 1985, c. 49 (1st Supp.), s. 5; 1995, c. 40, s. 88; 2015, c. 2, s. 82. Limitation period 10 Summary conviction proceedings for an offence under this Act may be instituted no later than three years after the day on which the subject matter of the proceedings arises. R.S., 1985, c. S-8, s. 10; R.S., 1985, c. 49 (1st Supp.), s. 6; 1997, c. 6, s. 89; 2015, c. 2, s. 83. Certificate of analyst 11 (1) A certificate of an analyst stating that the analyst has examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is, in any proceedings for a violation, or for an offence under this Act, evidence of the statement contained in the certificate. Admissibility (2) In any proceedings for a violation, or for an offence under this Act, a document purporting to be the certificate of an analyst shall be received in evidence without proof of the signature or official character of the person by whom it purports to be signed. R.S., 1985, c. S-8, s. 11; R.S., 1985, c. 49 (1st Supp.), s. 7; 1995, c. 40, s. 89. Venue 12 A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. S-8, s. 12; R.S., 1985, c. 27 (1st Supp.), s. 203. Current to June 20, 2022 Last amended on January 15, 2019 Seeds RELATED PROVISIONS RELATED PROVISIONS — 1997, c. 6, s. 89 (2) Transitional 89 (2) For greater certainty, the limitation periods provided for in subsection 10(1) of the Act, as amended by subsection (1), only apply in respect of offences committed after the coming into force of that subsection. Current to June 20, 2022 Last amended on January 15, 2019

CONSOLIDATION Species at Risk Act S.C. 2002, c. 29 Current to June 20, 2022 Last amended on February 3, 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 February 3, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 3, 2022 TABLE OF PROVISIONS An Act respecting the protection of wildlife species at risk in Canada Short Title 1 Short title Interpretation 2 Definitions Aboriginal and treaty rights Sedentary living organisms Her Majesty 5 Binding on Her Majesty Purposes 6 Purposes Canadian Endangered Species Conservation Council 7 Composition Administration of Act 8 Responsibility of Minister 8.1 National Aboriginal Council on Species at Risk Advisory committees to assist Minister Administrative agreements Stewardship Action Plan 10.1 Stewardship action plan 10.2 Contents Stewardship 11 Conservation agreements — species at risk Conservation agreements — other species Funding agreements Current to June 20, 2022 Last amended on February 3, 2022 ii Species at Risk TABLE OF PROVISIONS Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada 14 Establishment Functions Composition Regulations and guidelines Subcommittees Rules Staff and facilities Status reports Applications Time for assessment Reviews and Reports 24 Review of classifications Copies to Minister and Council Annual reports List of Wildlife Species at Risk 27 Power to amend List Applications for assessment of imminent threat Emergency listing Review Recommendation to amend List Measures to Protect Listed Wildlife Species General Prohibitions 32 Killing, harming, etc., listed wildlife species Damage or destruction of residence Application — certain species in provinces Application — certain species in territories Prohibitions re provincial and territorial classifications Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy 37 Preparation — endangered or threatened species Commitments to be considered Cooperation with others Current to June 20, 2022 Last amended on February 3, 2022 iv Species at Risk TABLE OF PROVISIONS Determination of feasibility Contents if recovery feasible Proposed recovery strategy Comments Existing plans Amendments Reporting Action Plan 47 Preparation Cooperation with other ministers and governments Contents Proposed action plan Existing plans Amendments Regulations Use of powers under other Acts Monitoring and reporting Protection of Critical Habitat 56 Codes of practice, national standards or guidelines Purpose Destruction of critical habitat Regulations re federal lands Provincial and territorial classifications Destruction of critical habitat Acquisition of lands Progress reports on unprotected portions of critical habitat Compensation Management of Species of Special Concern 65 Preparation of management plan Cooperation with other ministers and governments Multi-species or ecosystem approach permissible Proposed management plan Existing plans Amendments Regulations Monitoring Agreements and Permits 73 Powers of competent minister Current to June 20, 2022 Last amended on February 3, 2022 v Species at Risk TABLE OF PROVISIONS Competent minister acting under other Acts Adding terms and conditions Exemption for existing agreements, permits, etc. Licences, permits, etc., under other Acts of Parliament Agreements and permits under other provincial and territorial Acts 78.1 Clarification — renewals Project Review 79 Notification of Minister Emergency Orders 80 Emergency order Equivalent measures Recommendation to repeal Exceptions 83 General exceptions Regulations Enforcement Measures Enforcement Officers 85 Enforcement officers Inspections 86 Inspections Disposition of Things Seized 87 Custody of things seized Disposition by competent minister Liability for costs Assistance to Enforcement Officers 90 Right of passage Assistance Obstruction Investigations 93 Application for investigation Investigation Competent minister may send evidence to Attorney General Suspension or conclusion of investigation Offences and Punishment 97 Offences Current to June 20, 2022 Last amended on February 3, 2022 v Species at Risk TABLE OF PROVISIONS Officers, etc., of corporations Offences by employees or agents or mandataries Due diligence Venue Sentencing considerations Forfeiture Retention or sale Orders of court Suspended sentence Limitation period Alternative Measures 108 When alternative measures may be used Terms and conditions in agreement Duration of agreement Filing in court for purpose of public access Stay of proceedings Application to vary agreement Application of provisions dealing with records Disclosure of information by peace officer or enforcement officer Government records Disclosure of records Information exchange agreements Regulations Public Registry 120 Public registry Regulations Protection from proceedings Documents to be in public registry Restriction Fees and Charges 125 Regulations Reports and Review of Act 126 Annual report to Parliament Convening round table Reports on status of wildlife species Current to June 20, 2022 Last amended on February 3, 2022 vi Species at Risk TABLE OF PROVISIONS Parliamentary review of Act Assessment of Wildlife Species Mentioned in the Schedules 130 Assessment of status Section 27 applies Time for recovery strategy Time for management plan Related Amendments Coordinating Amendment Coming into Force *142 Order of Governor in Council SCHEDULE 1 List of Wildlife Species at Risk SCHEDULE 2 SCHEDULE 3 Special Concern Current to June 20, 2022 Last amended on February 3, 2022 vi S.C. 2002, c. 29 [Assented to 12th December 2002] Preamble Recognizing that Canada’s natural heritage is an integral part of our national identity and history, wildlife, in all its forms, has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, economic, medical, ecological and scientific reasons, Canadian wildlife species and ecosystems are also part of the world’s heritage and the Government of Canada has ratified the United Nations Convention on the Conservation of Biological Diversity, providing legal protection for species at risk will complement existing legislation and will, in part, meet Canada’s commitments under that Convention, the Government of Canada is committed to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to a wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty, responsibility for the conservation of wildlife in Canada is shared among the governments in this country and that it is important for them to work cooperatively to pursue the establishment of complementary legislation and programs for the protection and recovery of species at risk in Canada, it is important that there be cooperation between the governments in this country to maintain and strengthen national standards of environmental conservation and that the Government of Canada is committed to the principles set out in intergovernmental agreements respecting environmental conservation, the Canadian Endangered Species Conservation Council is to provide national leadership for the protection of species at risk, including the provision of general direction to the Committee on the Status of Endangered Wildlife in Canada in respect of that Committee’s activities and general directions in Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Short Title Section 1 respect of the development, coordination and implementation of recovery efforts, the roles of the aboriginal peoples of Canada and of wildlife management boards established under land claims agreements in the conservation of wildlife in this country are essential, all Canadians have a role to play in the conservation of wildlife in this country, including the prevention of wildlife species from becoming extirpated or extinct, there will be circumstances under which the cost of conserving species at risk should be shared, the conservation efforts of individual Canadians and communities should be encouraged and supported, stewardship activities contributing to the conservation of wildlife species and their habitat should be supported to prevent species from becoming at risk, community knowledge and interests, including socioeconomic interests, should be considered in developing and implementing recovery measures, the traditional knowledge of the aboriginal peoples of Canada should be considered in the assessment of which species may be at risk and in developing and implementing recovery measures, knowledge of wildlife species and ecosystems is critical to their conservation, the habitat of species at risk is key to their conservation, and Canada’s protected areas, especially national parks, are vital to the protection and recovery of species at risk, Short Title Short title 1 This Act may be cited as the Species at Risk Act. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Interpretation Section 2 Interpretation Definitions 2 (1) The definitions in this subsection apply in this Act. action plan means an action plan included in the public registry under subsection 50(3) and includes any amendment to it included in the public registry under section 52. (plan d’action) alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence. (mesures de rechange) aquatic species means a wildlife species that is a fish, as defined in section 2 of the Fisheries Act, or a marine plant, as defined in section 47 of that Act. (espèce aquatique) Attorney General means the Attorney General of Canada or, for the purposes of sections 108 to 113, an agent of the Attorney General of Canada. (procureur général) Canadian Endangered Species Conservation Council means the Council referred to in subsection 7(1). (Conseil canadien pour la conservation des espèces en péril) competent minister means (a) the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency; (b) the Minister of Fisheries and Oceans with respect to aquatic species, other than individuals mentioned in paragraph (a); and (c) the Minister of the Environment with respect to all other individuals. (ministre compétent) conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. (moyen de transport) COSEWIC means the Committee on the Status of Endangered Wildlife in Canada established by section 14. (COSEPAC) critical habitat means the habitat that is necessary for the survival or recovery of a listed wildlife species and Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Interpretation Section 2 that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. (habitat essentiel) emergency order means an order made under section 80. (décret d’urgence) endangered species means a wildlife species that is facing imminent extirpation or extinction. (espèce en voie de disparition) extirpated species means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. (espèce disparue du pays) federal land means (a) 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; (b) the internal waters of Canada and the territorial sea of Canada; and (c) reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands. (territoire domanial) habitat means (a) in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and (b) in respect of other wildlife species, the area or type of site where an individual or wildlife species naturally occurs or depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential to be reintroduced. (habitat) individual means an individual of a wildlife species, whether living or dead, at any developmental stage and includes larvae, embryos, eggs, sperm, seeds, pollen, spores and asexual propagules. (individu) land claims agreement means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. (accord sur des revendications territoriales) List means the List of Wildlife Species at Risk set out in Schedule 1. (liste) Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Interpretation Section 2 listed means listed on the List. (inscrite) Minister means the Minister of the Environment. (ministre) offence means an offence under this Act. (infraction) provincial minister means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. (ministre provincial) public registry means the registry established under section 120. (registre) recovery strategy means a recovery strategy included in the public registry under subsection 43(2), and includes any amendment to it included in the public registry under section 45. (programme de rétablissement) residence means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. (résidence) sell includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. (vente) species at risk means an extirpated, endangered or threatened species or a species of special concern. (espèce en péril) species of special concern means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. (espèce préoccupante) status report means a report, prepared in accordance with the requirements of regulations made under subsection 21(2), that contains a summary of the best available information on the status of a wildlife species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. (rapport de situation) territorial minister means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. (ministre territorial) threatened species means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. (espèce menacée) Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Interpretation Sections 2-4 treaty means a treaty within the meaning of section 35 of the Constitution Act, 1982. (traité) wildlife management board means any board or other body established under a land claims agreement that is authorized by the agreement to perform functions in respect of wildlife species. (conseil de gestion des ressources fauniques) wildlife species means a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and (a) is native to Canada; or (b) has extended its range into Canada without human intervention and has been present in Canada for at least 50 years. (espèce sauvage) Deeming (2) For the purposes of the definition wildlife species in subsection (1), a species, subspecies, variety or geographically or genetically distinct population is, in the absence of evidence to the contrary, presumed to have been present in Canada for at least 50 years. Competent minister (3) A reference to a competent minister in any provision of this Act is to be read as a reference to the competent minister in respect of the wildlife species, or the individuals of the wildlife species, to which the provision relates. 2002, c. 29, ss. 2, 141.1; 2005, c. 2, s. 14. Aboriginal and treaty rights 3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. Sedentary living organisms 4 (1) This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone. Meaning of sedentary (2) For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Interpretation Sections 4-7 Her Majesty Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada or a province. Purposes Purposes 6 The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened. Canadian Endangered Species Conservation Council Composition 7 (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory. Role (2) The role of the Canadian Endangered Species Conservation Council is to (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk. 2002, c. 29, s. 7; 2005, c. 2, s. 15. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Administration of Act Sections 8-9 Administration of Act Responsibility of Minister 8 (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister. Delegation (2) The Minister, the Minister responsible for the Parks Canada Agency or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister’s powers or functions under this Act, relating to its enforcement. Agreement and reporting obligation (3) The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement must be included in the public registry within 45 days after it is entered into, and a copy of every annual report must be included in the public registry within 45 days after it is received by the delegating minister. 2002, c. 29, s. 8; 2005, c. 2, s. 16. National Aboriginal Council on Species at Risk 8.1 The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to (a) advise the Minister on the administration of this Act; and (b) provide advice and recommendations to the Canadian Endangered Species Conservation Council. Advisory committees to assist Minister 9 (1) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Administration of Act Sections 9-10.2 Advisory committees to assist Council (2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role. 2002, c. 29, s. 9; 2005, c. 2, s. 17. Administrative agreements 10 A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans. Stewardship Action Plan Stewardship action plan 10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person. A copy of the stewardship action plan must be included in the public registry. Contents 10.2 The stewardship action plan must include, but is not limited to, commitments to (a) regularly examine incentives and programs that support actions taken by persons to protect species at risk; (b) provide information and increase public awareness about species at risk; (c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons; (d) create awards and recognition programs; (e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Stewardship Action Plan Sections 10.2-12 (f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities. Stewardship Conservation agreements — species at risk 11 (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild. Contents (2) The agreement must provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) developing and implementing recovery strategies, action plans and management plans; (d) protecting the species’ habitat, including its critical habitat; or (e) undertaking research projects in support of recovery efforts for the species. Conservation agreements — other species 12 (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk. Contents (2) The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Stewardship Sections 12-15 (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) protecting the species’ habitat; and (d) preventing the species from becoming a species at risk. Funding agreements 13 (1) A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1). Provisions to be included (2) The agreement must specify (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid; (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it; (c) the proportions of any revenue from the program or measure that is payable to the parties; and (d) the terms and conditions governing the operation and maintenance of the program or measure. Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada Establishment 14 The Committee on the Status of Endangered Wildlife in Canada is hereby established. Functions 15 (1) The functions of COSEWIC are to Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada Sections 15-16 (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and (i) classify the species as extinct, extirpated, endangered, threatened or of special concern, (ii) indicate that COSEWIC does not have sufficient information to classify the species, or (iii) indicate that the species is not currently at risk; (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct; (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them; (c.1) indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary; (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign. Best information and knowledge (2) COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. Treaties and land claims agreements (3) COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions. Composition 16 (1) COSEWIC is to be composed of members appointed by the Minister after consultation with the Canadian Endangered Species Conservation Council and with any experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada Sections 16-18 Qualifications of members (2) Each member must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics or from community knowledge or aboriginal traditional knowledge of the conservation of wildlife species. Term of appointment (3) The members are to be appointed to hold office for renewable terms of not more than four years. Not part of the public service of Canada (4) The members are not, because of being a member, part of the public service of Canada. Remuneration and expenses (5) The members may be paid remuneration and expenses for their services in amounts that the Minister may set. Discretion (6) Each member of COSEWIC shall exercise his or her discretion in an independent manner. Regulations and guidelines 17 The Minister may, after consultation with the Canadian Endangered Species Conservation Council and COSEWIC, establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC’s functions. Subcommittees 18 (1) COSEWIC must establish subcommittees of specialists to assist in the preparation and review of status reports on wildlife species considered to be at risk, including subcommittees specializing in groups of wildlife species and a subcommittee specializing in aboriginal traditional knowledge, and it may establish other subcommittees to advise it or to exercise or perform any of its functions. Membership (2) Each subcommittee must be presided over by a member of COSEWIC, but the subcommittee may include persons who are not members of COSEWIC. Aboriginal traditional knowledge subcommittee (3) Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee must be appointed by the Minister after consultation Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada Sections 18-23 with any aboriginal organization he or she considers appropriate. Rules 19 COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting (a) the selection of persons to chair its meetings; and (b) the meetings and activities of any of its subcommittees. Staff and facilities 20 The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its functions. Status reports 21 (1) COSEWIC’s assessment of the status of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application. Content (2) The Minister may, after consultation with COSEWIC, the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports. 2002, c. 29, s. 21; 2005, c. 2, s. 18. Applications 22 (1) Any person may apply to COSEWIC for an assessment of the status of a wildlife species. Regulations (2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. 2002, c. 29, s. 22; 2005, c. 2, s. 19. Time for assessment 23 (1) COSEWIC must assess the status of a wildlife species within one year after it receives a status report on the species, and it must provide reasons for its assessment. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process Committee on the Status of Endangered Wildlife in Canada Sections 23-27 Notification of applicant (2) If the assessment results from an application, COSEWIC must notify the applicant of the assessment and the reasons. Reviews and Reports Review of classifications 24 COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly. Copies to Minister and Council 25 (1) When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons for it. A copy of the assessment and the reasons must also be included in the public registry. COSEWIC list (2) COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry. Report on response (3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action. Annual reports 26 COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry. List of Wildlife Species at Risk Power to amend List 27 (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3). Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process List of Wildlife Species at Risk Sections 27-28 Decision in respect of assessment (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister, (a) accept the assessment and add the species to the List; (b) decide not to add the species to the List; or (c) refer the matter back to COSEWIC for further information or consideration. Statement of reasons (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons. Pre-conditions for recommendation (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must (a) take into account the assessment of COSEWIC in respect of the species; (b) consult the competent minister or ministers; and (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board. Amendment of List by Minister (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment. Applications for assessment of imminent threat 28 (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process List of Wildlife Species at Risk Sections 28-30 Information to be included in application (2) The application must include relevant information indicating that there is an imminent threat to the survival of the species. Regulations (3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. Notice (4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry. 2002, c. 29, s. 28; 2005, c. 2, s. 20. Emergency listing 29 (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species. Formation of opinion (2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment. Exemption (3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act. Review 30 (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister, (a) confirm the classification of the species; (b) recommend to the Minister that the species be reclassified; or Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Wildlife Species Listing Process List of Wildlife Species at Risk Sections 30-33 (c) recommend to the Minister that the species be removed from the List. Copy of report (2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry. Recommendation to amend List 31 If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List. Measures to Protect Listed Wildlife Species General Prohibitions Killing, harming, etc., listed wildlife species 32 (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species. Possession, collection, etc. (2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual. Deeming (3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual. Damage or destruction of residence 33 No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species General Prohibitions Sections 34-35 Application — certain species in provinces 34 (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply. Order (2) The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994. Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals. Consultation (4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult (a) the appropriate provincial minister; and (b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board. Application — certain species in territories 35 (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply. Exception (2) Subsection (1) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994; or (b) on land under the authority of the Minister or the Parks Canada Agency. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species General Prohibitions Sections 35-36 Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals. Pre-conditions for recommendation (4) Before recommending that an order be made under subsection (1), the Minister must (a) consult the appropriate territorial minister; and (b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, consult the wildlife management board. Prohibitions re provincial and territorial classifications 36 (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory; (b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory. Application (2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Sections 37-39 Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Preparation — endangered or threatened species 37 (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery. More than one competent minister (2) If there is more than one competent minister with respect to the wildlife species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers. Commitments to be considered 38 In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty. Cooperation with others 39 (1) To the extent possible, the recovery strategy must be prepared in cooperation with (a) the appropriate provincial and territorial minister for each province and territory in which the listed wildlife species is found; (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the recovery strategy; and (e) any other person or organization that the competent minister considers appropriate. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Sections 39-41 Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the recovery strategy must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, the recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found. Determination of feasibility 40 In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC. Contents if recovery feasible 41 (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include (a) a description of the species and its needs that is consistent with information provided by COSEWIC; (b) an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats; (c) an identification of the species’ critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction; (c.1) a schedule of studies to identify critical habitat, where available information is inadequate; (d) a statement of the population and distribution objectives that will assist the recovery and survival of the species, and a general description of the research and management activities needed to meet those objectives; Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Sections 41-42 (e) any other matters that are prescribed by the regulations; (f) a statement about whether additional information is required about the species; and (g) a statement of when one or more action plans in relation to the recovery strategy will be completed. Contents if recovery not feasible (2) If the competent minister determines that the recovery of the listed wildlife species is not feasible, the recovery strategy must include a description of the species and its needs, an identification of the species’ critical habitat to the extent possible, and the reasons why its recovery is not feasible. Multi-species or ecosystem approach permissible (3) The competent minister may adopt a multi-species or an ecosystem approach when preparing the recovery strategy if he or she considers it appropriate to do so. Regulations (4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy. 2002, c. 29, s. 41; 2005, c. 2, s. 21. Proposed recovery strategy 42 (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. First listed wildlife species (2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Sections 43-46 Comments 43 (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister. Finalization of recovery strategy (2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry. Existing plans 44 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed recovery strategy for the species. Amendments 45 (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry. Amendments relating to time for completing action plan (2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry. Amendment procedure (3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require. Exception (4) Subsection (3) does not apply if the competent minister considers the amendment to be minor. Reporting 46 The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Sections 46-48 included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species’ recovery is no longer feasible. The report must be included in the public registry. Action Plan Preparation 47 The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together. Cooperation with other ministers and governments 48 (1) To the extent possible, an action plan must be prepared in cooperation with (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found; (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the action plan; and (e) any other person or organization that the competent minister considers appropriate. Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, an action plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Action Plan Sections 49-50 Contents 49 (1) An action plan must include, with respect to the area to which the action plan relates, (a) an identification of the species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction; (b) a statement of the measures that are proposed to be taken to protect the species’ critical habitat, including the entering into of agreements under section 11; (c) an identification of any portions of the species’ critical habitat that have not been protected; (d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place; (d.1) the methods to be used to monitor the recovery of the species and its long-term viability; (e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and (f) any other matters that are prescribed by the regulations. Regulations (2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan. 2002, c. 29, s. 49; 2005, c. 2, s. 22. Proposed action plan 50 (1) The competent minister must include a proposed action plan in the public registry. Comments (2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Action Plan Sections 50-53 Finalization of action plan (3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry. Summary if action plan not completed in time (4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan. Existing plans 51 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry as a proposed action plan in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed action plan for the species. Amendments 52 (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry. Amendment procedure (2) Section 48 applies to amendments to an action plan, with any modifications that the circumstances require. Exception (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor. Regulations 53 (1) The competent minister must, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Recovery of Endangered, Threatened and Extirpated Species Action Plan Sections 53-55 Consultation (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indigenous Services and the band before making the regulation. Consultation (3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the regulation. Incorporation by reference (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory. Consultation (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before making the regulation. Exception (6) Subsection (5) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or (b) in respect of land under the authority of the Minister or the Parks Canada Agency. 2002, c. 29, s. 53; 2019, c. 29, s. 375. Use of powers under other Acts 54 For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament. Monitoring and reporting 55 The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Sections 56-58 Protection of Critical Habitat Codes of practice, national standards or guidelines 56 The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat. Purpose 57 The purpose of section 58 is to ensure that, within 180 days after the recovery strategy or action plan that identified the critical habitat referred to in subsection 58(1) is included in the public registry, all of the critical habitat is protected by (a) provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or (b) the application of subsection 58(1). Destruction of critical habitat 58 (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species — or of any listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada — if (a) the critical habitat is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada; (b) the listed species is an aquatic species; or (c) the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994. Protected areas (2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, the Rouge National Urban Park established by the Rouge National Urban Park Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Section 58 description of the critical habitat or portion that is in that park, area or sanctuary. Application (3) If subsection (2) applies, subsection (1) applies to the critical habitat or the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette. Application (4) If all of the critical habitat or any portion of the critical habitat is not in a place referred to in subsection (2), subsection (1) applies in respect of the critical habitat or portion of the critical habitat, as the case may be, specified in an order made by the competent minister. Obligation to make order or statement (5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2), (a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or (b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected. Habitat of migratory birds (5.1) Despite subsection (4), with respect to the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is not on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary referred to in subsection (2), subsection (1) applies only to those portions of the critical habitat that are habitat to which that Act applies and that the Governor in Council may, by order, specify on the recommendation of the competent minister. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Section 58 Obligation to make recommendation (5.2) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat that includes habitat to which the Migratory Birds Convention Act, 1994 applies is included in the public registry, and after consultation with every other competent minister, (a) make the recommendation if he or she is of the opinion there are no provisions in, or other measures under, this or any other Act of Parliament, including agreements under section 11, that legally protect any portion or portions of the habitat to which that Act applies; or (b) if the competent minister does not make the recommendation, he or she must include in the public registry a statement setting out how the critical habitat that is habitat to which that Act applies, or portions of it, as the case may be, are legally protected. Consultation (6) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before making the order under subsection (4) or the recommendation under subsection (5.2). Consultation (7) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indigenous Services and the band before making the order under subsection (4) or the recommendation under subsection (5.2). Consultation (8) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the order under subsection (4) or the recommendation under subsection (5.2). Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Sections 58-59 Consultation (9) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land that is under the authority of another federal minister, other than a competent minister, he or she must consult the other federal minister before making the order under subsection (4) or the recommendation under subsection (5.2). 2002, c. 29, s. 58; 2015, c. 10, s. 60; 2019, c. 29, s. 375. Regulations re federal lands 59 (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands. Obligation to make recommendation (2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection. Contents (3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat. Consultation (4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation. Consultation (5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indigenous Services and the band before recommending the making of the regulation. Consultation (6) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation. 2002, c. 29, s. 59; 2019, c. 29, s. 375. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Sections 60-61 Provincial and territorial classifications 60 (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory. Application (2) Subsection (1) applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify. Destruction of critical habitat 61 (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands. Exception (1.1) Subsection (1) does not apply in respect of (a) an aquatic species; or (b) the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1). Application (2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify. Power to make recommendation (3) The Minister may make a recommendation if (a) a provincial minister or territorial minister has requested that the recommendation be made; or (b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made. Obligation to make recommendation (4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that (a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Sections 61-64 the particular portion of the critical habitat, including agreements under section 11; and (b) the laws of the province or territory do not effectively protect the critical habitat. Expiry and renewal of order (5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it. Recommendation to repeal order (6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed. Acquisition of lands 62 A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any species at risk. Progress reports on unprotected portions of critical habitat 63 If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat. Compensation 64 (1) The Minister may, in accordance with the regulations, provide fair and reasonable compensation to any person for losses suffered as a result of any extraordinary impact of the application of (a) section 58, 60 or 61; or (b) an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Protection of Critical Habitat Sections 64-66 Regulations (2) The Governor in Council shall make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing (a) the procedures to be followed in claiming compensation; (b) the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of any loss; and (c) the terms and conditions for the provision of compensation. Management of Species of Special Concern Preparation of management plan 65 If a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species. Cooperation with other ministers and governments 66 (1) To the extent possible, the management plan must be prepared in cooperation with (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found; (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the management plan; and (e) any other person or organization that the competent minister considers appropriate. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Management of Species of Special Concern Sections 66-69 Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the management plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, the management plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the management plan, including the government of any other country in which the species is found. Multi-species or ecosystem approach permissible 67 The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so. Proposed management plan 68 (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern. First listed species (2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day. Comments (3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister. Finalization of management plan (4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry. Existing plans 69 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species includes adequate measures for the conservation of the species and Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Management of Species of Special Concern Sections 69-71 the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed management plan for the species. Amendments 70 (1) The competent minister may at any time amend a management plan. A copy of the amendment must be included in the public registry. Amendment procedure (2) Section 66 applies to amendments to the management plan, with any modifications that the circumstances require. Exception (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor. Regulations 71 (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan. Consultation (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indigenous Services and the band before recommending the making of the regulation. Consultation (3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Management of Species of Special Concern Sections 71-73 Incorporation by reference (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory. Consultation (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before recommending the making of the regulation. Exception (6) Subsection (5) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or (b) in respect of land under the authority of the Minister or the Parks Canada Agency. 2002, c. 29, s. 71; 2019, c. 29, s. 375. Monitoring 72 The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry, and in every subsequent five-year period, until its objectives have been achieved. The report must be included in the public registry. Agreements and Permits Powers of competent minister 73 (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals. Purpose (2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons; (b) the activity benefits the species or is required to enhance its chance of survival in the wild; or (c) affecting the species is incidental to the carrying out of the activity. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Agreements and Permits Section 73 Pre-conditions (3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted; (b) all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and (c) the activity will not jeopardize the survival or recovery of the species. Explanation in public registry (3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c). Consultation (4) If the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the competent minister must consult the wildlife management board before entering into an agreement or issuing a permit concerning that species in that area. Consultation (5) If the species is found in a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister must consult the band before entering into an agreement or issuing a permit concerning that species in that reserve or those other lands. Terms and conditions (6) The agreement or permit must contain any terms and conditions governing the activity that the competent minister considers necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery. Date of expiry (6.1) The agreement or permit must set out the date of its expiry. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Agreements and Permits Sections 73-74 Review of agreements and permits (7) The competent minister must review the agreement or permit if an emergency order is made with respect to the species. Amendment of agreements and permits (8) The competent minister may revoke or amend an agreement or a permit to ensure the survival or recovery of a species. (9) [Repealed, 2012, c. 19, s. 163] Regulations (10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits. Time limits (11) The regulations may include provisions (a) respecting time limits for issuing or renewing permits, or for refusing to do so; (b) specifying the circumstances under which any of those time limits does not apply; and (c) authorizing the competent minister to extend any of those time limits or to decide that a time limit does not apply, when the competent minister considers that it is appropriate to do so. 2002, c. 29, s. 73; 2005, c. 2, s. 23; 2012, c. 19, s. 163. Competent minister acting under other Acts 74 An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 73(1) if (a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6.1) are met; and (b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 73(7). 2002, c. 29, s. 74; 2012, c. 19, s. 164. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Agreements and Permits Sections 75-77 Adding terms and conditions 75 (1) A competent minister may add terms and conditions to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals to any agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting the species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament. Amending terms and conditions (2) A competent minister may also revoke or amend any term or condition in any of those documents to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals. Treaties and land claims agreements (3) The competent minister must take into account any applicable provisions of treaty and land claims agreements when carrying out his or her powers under this section. Exemption for existing agreements, permits, etc. 76 The Governor in Council may, on the recommendation of a competent minister, by order, provide that section 32, 33, 36, 58, 60 or 61, or any regulation made under section 53, 59 or 71, does not apply, for a period of up to one year from the date of listing of a wildlife species, to agreements, permits, licences, orders or other similar documents authorizing persons to engage in an activity affecting the listed wildlife species, any part of its critical habitat or the residences of its individuals that were entered into, issued or made under another Act of Parliament before the species was listed. Licences, permits, etc., under other Acts of Parliament 77 (1) Despite any other Act of Parliament, any person or body, other than a competent minister, authorized under any Act of Parliament, other than this Act, to issue or approve a licence, a permit or any other authorization that authorizes an activity that may result in the destruction of any part of the critical habitat of a listed wildlife species may enter into, issue, approve or make the authorization only if the person or body has consulted with the competent minister, has considered the impact on the species’ critical habitat and is of the opinion that (a) all reasonable alternatives to the activity that would reduce the impact on the species’ critical habitat have been considered and the best solution has been adopted; and Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Agreements and Permits Sections 77-78.1 (b) all feasible measures will be taken to minimize the impact of the activity on the species’ critical habitat. (1.1) [Repealed, 2019, c. 28, s. 174] Application of section 58 (2) For greater certainty, section 58 applies even though a licence, a permit or any other authorization has been issued in accordance with subsection (1). 2002, c. 29, s. 77; 2012, c. 19, s. 165; 2019, c. 28, s. 174. Agreements and permits under other provincial and territorial Acts 78 (1) An agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made under an Act of the legislature of a province or a territory by a provincial or territorial minister with whom a competent minister has entered into an agreement under section 10 has the same effect as an agreement or permit under subsection 73(1) if (a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (6.1) are met; (b) after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 73(7). Interpretation (2) For the purpose of subsection (1), the references to “competent minister” in subsections 73(2), (3), (6) and (7) are to be read as references to “provincial minister” or “territorial minister”, as the case may be. 2002, c. 29, s. 78; 2012, c. 19, s. 166. Clarification — renewals 78.1 For greater certainty, a reference in any of sections 73 to 78 to the entering into, issuing, making or approving of any agreement, permit, licence, order or other similar document or authorization, includes renewing it, and a reference in any of those sections or in paragraph 97(1)(c) to any such document or authorization includes one that has been renewed. 2012, c. 19, s. 167. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Project Review Sections 79-80 Project Review Notification of Minister 79 (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 82(a) or (b) of the Impact Assessment Act in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat. Required action (2) The person must identify the adverse effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans. Definitions (3) The following definitions apply in this section. person includes an association, an organization, a federal authority as defined in section 2 of the Impact Assessment Act, and any body that is set out in Schedule 4 to that Act. (personne) project means (a) a designated project as defined in section 2 of the Impact Assessment Act or a project as defined in section 81 of that Act; (b) a project as defined in subsection 2(1) of the Yukon Environmental and Socio-economic Assessment Act; or (c) a development as defined in subsection 111(1) of the Mackenzie Valley Resource Management Act. (projet) 2002, c. 29, s. 79; 2012, c. 19, s. 59; 2017, c. 26, s. 49(F); 2019, c. 28, s. 175. Emergency Orders Emergency order 80 (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Emergency Orders Section 80 Obligation to make recommendation (2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery. Consultation (3) Before making a recommendation, the competent minister must consult every other competent minister. Contents (4) The emergency order may (a) in the case of an aquatic species, (i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat; (b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994, (i) on federal land or in the exclusive economic zone of Canada, (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and (c) with respect to any other species, (i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada, Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Emergency Orders Sections 80-83 (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions prohibiting activities that may adversely affect the species and that habitat. Exemption (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act. Equivalent measures 81 Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species. Recommendation to repeal 82 If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed. Exceptions General exceptions 83 (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in (a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Exceptions Section 83 (b) activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document. Authorization of activities under other Acts (2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power (a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and (b) respects the purposes of this Act to the greatest extent possible. Exceptions — land claims agreements (3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement. Exemptions for permitted activities (4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71. Additional possession exceptions (5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if (a) it was in the person’s possession when the species was listed; (b) it is used by an aboriginal person for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person; (c) the person acquired it legally in another country and imported it legally into Canada; Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Measures to Protect Listed Wildlife Species Exceptions Sections 83-85 (d) the person acquired it by succession from someone who was entitled to possess it under this Act; (e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government; (f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or (g) it or the person is otherwise exempt by the regulations. Regulations 84 The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g). 2002, c. 29, s. 84; 2005, c. 2, s. 24. Enforcement Measures Enforcement Officers Enforcement officers 85 (1) A competent minister may designate any person or person of a class of persons to act as enforcement officers for the purposes of this Act. Designation of provincial or territorial government employees (2) The competent minister may not designate any person or person of a class of persons employed by the government of a province or a territory unless that government agrees. Certificate of designation (3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the competent minister and, on entering any place under this Act, the officer must, if so requested, Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Enforcement Officers Sections 85-86 show the certificate to the occupant or person in charge of the place. Powers (4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the competent minister may specify limits on those powers when designating any person or person of a class of persons to act as enforcement officers. Exemptions for law enforcement activities (5) For the purpose of investigations and other law enforcement activities under this Act, a competent minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order enforcement officers whom the competent minister has designated and who are carrying out duties or functions under this Act and persons acting under the direction and control of such enforcement officers. Inspections Inspections 86 (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may (a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains that thing or document; (b) inspect the thing and take samples free of charge; (c) require any person to produce the document for inspection or copying, in whole or in part; and (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention. Conveyance (2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Inspections Section 86 Dwelling-place (3) The enforcement officer may not enter a dwellingplace except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant. Authority to issue warrant for inspection of dwellingplace (4) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a dwelling-place, if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place; (b) entry to the dwelling-place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused. Authority to issue warrant for inspection of nondwellings (5) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a place other than a dwellingplace, if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to that place; (b) entry to that place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; (c) entry to that place has been refused, the enforcement officer is not able to enter without the use of force or the place was abandoned; and (d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place. Waiving notice (6) The justice may waive the requirement to give notice referred to in subsection (5) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Inspections Sections 86-87 from the jurisdiction of the justice or that it is not in the public interest to give the notice. Use of force (7) In executing a warrant issued under subsection (4) or (5), an enforcement officer may not use force unless the use of force has been specifically authorized in the warrant. Operation of computer system and copying equipment (8) In carrying out an inspection of a place under this section, an enforcement officer may (a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) take a printout or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8). Disposition of Things Seized Custody of things seized 87 (1) Subject to subsections (2) to (4), if an enforcement officer seizes a thing under this Act or under a warrant issued under 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, if the thing Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Disposition of Things Seized Sections 87-90 was seized by an enforcement officer employed in the public service of Canada or by the government of a territory, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province. Perishable things (3) If the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case the proceeds must be retained by the enforcement officer pending the outcome of the proceedings. Release of individual (4) An enforcement officer who seizes an individual of a species at risk may, at the time of the seizure, return the individual to the wild if the enforcement officer believes the individual to be alive. Abandonment (5) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province. Disposition by competent minister 88 Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the competent minister may direct. Liability for costs 89 The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act and who has been convicted of an offence under this Act in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture 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 Act. Assistance to Enforcement Officers Right of passage 90 An enforcement officer may, while carrying out powers, duties or functions under this Act, enter on and pass through or over private property without being liable for trespass or without the owner of the property having the right to object to that use of the property. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Assistance to Enforcement Officers Sections 91-93 Assistance 91 The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must (a) give the enforcement officer all reasonable assistance to enable the enforcement officer to carry out duties and functions under this Act; and (b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require. Obstruction 92 While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall (a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or (b) otherwise obstruct or hinder the enforcement officer. Investigations Application for investigation 93 (1) A person who is a resident of Canada and at least 18 years of age may apply to the competent minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done. Statement to accompany application (2) The application must be in a form approved by the competent minister and must include a solemn affirmation or declaration containing (a) the name and address of the applicant; (b) a statement that the applicant is at least 18 years old and a resident of Canada; (c) a statement of the nature of the alleged offence and the name of each person alleged to be involved; (d) a summary of the evidence supporting the allegations; (e) the name and address of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence that the person Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Investigations Sections 93-96 might give, to the extent that information is available to the applicant; (f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and (g) details of any previous contact between the applicant and the competent minister about the alleged offence. Investigation 94 (1) The competent minister must acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (2) and (3), investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence. Frivolous or vexatious applications (2) No investigation is required if the competent minister decides that the application is frivolous or vexatious. Notice of decision (3) If the competent minister decides not to conduct an investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicant. When notice need not be given (4) The competent minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application. Competent minister may send evidence to Attorney General 95 At any stage of the investigation, the competent minister may send any documents or other evidence to the Attorney General for a consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take. Suspension or conclusion of investigation 96 (1) The competent minister may suspend or conclude the investigation if he or she is of the opinion that the alleged offence does not require further investigation or the investigation does not substantiate the alleged offence or any other offence. Report if investigation suspended (2) If the investigation is suspended, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its suspension and the action, if any, that the Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Enforcement Measures Investigations Sections 96-97 competent minister has taken or proposes to take and send a copy of the report to the applicant. The competent minister must notify the applicant if the investigation is subsequently resumed. Report when investigation concluded (3) When the investigation is concluded, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its conclusion and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant and to each person whose conduct was investigated. Personal information not to be disclosed (4) A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about him or her. When report need not be sent (5) If another investigation in relation to the alleged offence is ongoing apart from the application, the competent minister need not send copies of a report described in subsection (2) or (3) until the other investigation is suspended or concluded. Offences and Punishment Offences 97 (1) Every person commits an offence who (a) contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92; (b) contravenes a prescribed provision of a regulation or an emergency order; (c) fails to comply with a term or condition of a permit issued under subsection 73(1); or (d) fails to comply with an alternative measures agreement that the person has entered into under this Act. Penalty (1.1) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Offences and Punishment Section 97 (i) in the case of a corporation, other than a nonprofit corporation, to a fine of not more than $1,000,000, (ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and (iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, (i) in the case of a corporation, other than a nonprofit corporation, than $300,000, to a fine of not more (ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and (iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. Exception (1.2) Paragraph (1)(c) does not apply in respect of the failure to comply with any term or condition of any agreement, permit, licence, order or other similar document referred to in section 74 or subsection 78(1). Prescription of provisions (2) A regulation or emergency order may prescribe which of its provisions may give rise to an offence. Subsequent offence (3) For a second or subsequent conviction, the amount of the fine may, despite subsection (1.1), be double the amount set out in that subsection. Continuing offence (4) A person who commits or continues an offence 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. Fines cumulative (5) A fine imposed for an offence involving more than one animal, plant or other organism may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Offences and Punishment Sections 97-102 Additional fine (6) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. Definition of non-profit corporation (7) For the purposes of subsection (1.1), non-profit corporation means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation. 2002, c. 29, s. 97; 2012, c. 19, s. 168. Officers, etc., of corporations 98 If a corporation commits an offence, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, or acquiesced 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 corporation has been prosecuted or convicted. 2002, c. 29, s. 98; 2015, c. 3, s. 153(E). Offences by employees or agents or mandataries 99 In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee, agent or mandatary has been prosecuted for the offence. 2002, c. 29, s. 99; 2015, c. 3, s. 153(E). Due diligence 100 Due diligence is a defence in a prosecution for an offence. Venue 101 A prosecution for an offence may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused was apprehended or the accused happens to be or is carrying on business. Sentencing considerations 102 A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors: Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Offences and Punishment Sections 102-105 (a) the harm or risk of harm caused by the commission of the offence; (b) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently; (c) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence; (d) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled; (e) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to protect wildlife species; and (f) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders. Forfeiture 103 (1) If a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty. Return if no forfeiture ordered (2) If the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it. Retention or sale 104 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. Orders of court 105 If a person is convicted of an offence, the court may, in addition to any punishment imposed and 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: Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Offences and Punishment Section 105 (a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife species that resulted or may result from the commission of the offence; (c) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the court and directing the person to remedy any deficiencies revealed during the audit; (d) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence; (e) directing the person to perform community service in accordance with any conditions that the court considers reasonable; (f) directing the person to submit to the competent minister, on application to the court by the competent minister within three years after the conviction, any information about the activities of the person that the court considers appropriate; (g) directing the person to pay a competent minister or the government of a province or a territory an amount for all or any of the cost of remedial or preventive action taken, or to be taken, by or on behalf of the competent minister or that government as a result of the commission of the offence; (h) directing the person to pay, in the manner prescribed by the court, an amount for the purpose of conducting research into the protection of the wildlife species in respect of which the offence was committed; (i) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in environmental studies; (j) directing the person to post a bond or pay to the court an amount that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section; and (k) requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Offences and Punishment Sections 106-108 Suspended sentence 106 (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 mentioned in section 105. 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. Limitation period 107 (1) Proceedings by way of summary conviction in respect of an offence 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 to the competent minister. Competent minister’s certificate (2) A document appearing to have been issued by the competent minister, certifying the day on which the subject-matter of any proceedings became known to the competent minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it. References to the competent minister (3) A reference to the competent minister in this section includes a provincial or territorial minister if the competent minister has delegated responsibility for the enforcement of this Act, the regulations or an emergency order in the province or territory to the provincial or territorial minister and the offence is alleged to have been committed in the province or territory. Alternative Measures When alternative measures may be used 108 (1) Alternative measures may be used to deal with a person who is alleged to have committed an offence, but only if it is not inconsistent with the purposes of this Act to do so and the following conditions are met: (a) the measures are part of a program of alternative measures authorized by the Attorney General, after consultation with the competent minister; Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Section 108 (b) an information has been laid in respect of the offence; (c) the Attorney General, after consultation with the competent minister, is satisfied that the alternative measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors, namely, (i) the protection of species at risk, (ii) the person’s history of compliance with this Act, (iii) whether the offence is a repeated occurrence, (iv) any allegation that information is being or was concealed or other attempts to subvert the purposes and requirements of this Act are being or have been made, and (v) whether any remedial or preventive action has been taken by or on behalf of the person in relation to the offence; (d) the person applies, in accordance with regulations made under paragraph 119(a), to participate in the alternative measures after having been informed of them; (e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or a release order or entered into an undertaking; (f) before consenting to participate in the alternative measures, the person has been advised of the right to be represented by counsel; (g) the person accepts responsibility for the act or omission that forms the basis of the offence; (h) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and (i) the prosecution of the offence is not barred at law. Restriction on use (2) Alternative measures may not be used to deal with a person who (a) denies participation or involvement in the commission of the alleged offence; or Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Sections 108-109 (b) expresses the wish to have any charge against them dealt with by the court. Admissions not admissible in evidence (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person as a condition of being dealt with by alternative measures is admissible in evidence against the person in any civil or criminal proceedings. Dismissal of charge (4) A court must dismiss a charge laid against a person in respect of an offence if alternative measures have been used to deal with the person in respect of the alleged offence and (a) the court is satisfied on a balance of probabilities that the person has totally complied with the agreement; or (b) the court is satisfied on a balance of probabilities that the person has partially complied with the agreement and, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and the person’s performance with respect to the agreement. No bar to proceedings (5) The use of alternative measures in respect of a person who is alleged to have committed an offence is not a bar to any proceedings against the person under this Act. Laying of information, etc. (6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law. 2002, c. 29, s. 108; 2019, c. 25, s. 400. Terms and conditions in agreement 109 (1) An alternative measures agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 105 or any other terms and conditions having any of the effects prescribed by regulations that the Attorney General, after consultation with the competent minister, considers appropriate; and (b) terms and conditions relating to the costs associated with ensuring compliance with the agreement. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Sections 109-111 Supervision of compliance (2) Any governmental organization may supervise compliance with the agreement. Duration of agreement 110 An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years. Filing in court for purpose of public access 111 (1) The Attorney General must consult the competent minister before concluding an alternative measures agreement and, subject to subsection (5), must have the agreement filed with the court in which the information was laid within 30 days after the agreement is concluded. The agreement is to be filed as part of the court record of the proceedings to which the public has access. Reports (2) A report relating to the administration of, and compliance with, the agreement must be filed with the same court by the Attorney General immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed. Third party information (3) Subject to subsection (4), if any of the following information is to be part of the agreement or the report, it must be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice the competitive position of any person; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person. Agreement on information to be in schedule (4) The parties to the agreement must agree on which information that is to be part of the agreement or the report is information that meets the requirements of paragraphs (3)(a) to (d). Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Sections 111-113 How schedule is to be kept secret (5) The schedule is confidential and must not be filed with the court. Prohibition of disclosure (6) The competent minister must not disclose any information set out in a schedule to the agreement or to the report, except as authorized by section 117 or the Access to Information Act. Stay of proceedings 112 (1) Despite section 579 of the Criminal Code, the Attorney General must, on filing an alternative measures agreement, stay the proceedings in respect of the alleged offence, or apply to the court for an adjournment of the proceedings, for a period of not more than one year after the expiry of the agreement. Recommencement of proceedings (2) Proceedings stayed under subsection (1) may be recommenced without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered. If no such notice is given within one year after the expiry of the agreement, the proceedings are deemed to have never been commenced. Application to vary agreement 113 (1) Subject to subsections 111(2) and (3), the Attorney General may vary the terms and conditions of an alternative measures agreement on application by the person bound by the agreement and after consultation with the competent minister. The Attorney General must be of the opinion that the variation is desirable because of a material change in the circumstances since the agreement was concluded or last varied. The variation may include (a) decreasing the period for which the agreement is to remain in force; and (b) relieving the person of compliance with any condition that is specified in the agreement, either absolutely or partially or for any period that the Attorney General considers desirable. Filing varied agreement (2) An agreement that has been varied must be filed in accordance with section 111 with the court in which the original agreement was filed. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Sections 114-117 Application of provisions dealing with records 114 Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement. Disclosure of information by peace officer or enforcement officer 115 Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person. Government records 116 (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 may keep records and use information obtained as a result of the use of alternative measures to deal with a person (a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person; (b) in proceedings against a person under this Act; (c) for the purpose of the administration of alternative measures programs; or (d) otherwise for the administration of this Act. Private records (2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance. Disclosure of records 117 (1) A record or information referred to in section 115 or 116 may be made available to (a) any judge or court for any purpose with respect to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates; (b) any peace officer, enforcement officer or prosecutor Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Section 117 (i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose related to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent of such a government, that is (i) engaged in the administration of alternative measures in respect of the person, or (ii) preparing a report in respect of the person under this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if (i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and (ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2). Subsequent disclosure for research or statistical purposes (2) If a record is made available for inspection to any person under paragraph (1)(d) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates. Information, copies (3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record. Evidence (4) This section does not authorize the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Alternative Measures Sections 117-121 Exception for public access to court record (5) For greater certainty, this section does not apply in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111. Information exchange agreements 118 The competent minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of a person’s compliance with an alternative measures agreement. Regulations 119 The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting (a) the form and manner in which and the period within which an application to participate in the alternative measures is to be made, and the information that must be contained in or accompany the application; (b) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements; (c) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and (d) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions. Public Registry Public registry 120 The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act. Regulations 121 The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it. 2002, c. 29, s. 121; 2005, c. 2, s. 25. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Public Registry Sections 122-124 Protection from proceedings 122 Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure. 2002, c. 29, s. 122; 2005, c. 2, s. 25. Documents to be in public registry 123 The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents: (a) regulations and orders made under this Act; (b) agreements entered into under section 10; (c) COSEWIC’s criteria for the classification of wildlife species; (d) status reports on wildlife species that COSEWIC has had prepared or has received with an application; (e) the List of Wildlife Species at Risk; (f) codes of practice, national standards or guidelines established under this Act; (g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and (h) every report made under sections 126 and 128. Restriction 124 The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Fees and Charges Sections 125-126 Fees and Charges Regulations 125 (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations (a) prescribing the fees and charges, or the manner of determining them, that may be charged for agreements or permits under section 73, for amendments to or for the renewal of such agreements or permits, for copies of documents in the public registry and for the inclusion of a document in the public registry; (b) exempting any person or class of persons from the requirement to pay any of those fees or charges; and (c) generally, in respect of any condition or any other matter in relation to the payment of those fees or charges. Recovery of fees (2) A fee or charge required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. 2002, c. 29, s. 125; 2005, c. 2, s. 26. Reports and Review of Act Annual report to Parliament 126 The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters: (a) COSEWIC’s assessments and the Minister’s response to each of them; (b) the preparation and implementation of recovery strategies, action plans and management plans; (c) all agreements made under sections 10 to 13; (d) all agreements entered into or renewed under section 73, all permits issued or renewed under that section and all agreements and permits amended under section 75 or exempted under section 76; Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Reports and Review of Act Sections 126-130 (e) enforcement and compliance actions taken, including the response to any requests for investigation; (f) regulations and emergency orders made under this Act; and (g) any other matters that the Minister considers relevant. 2002, c. 29, s. 126; 2012, c. 19, s. 169. Convening round table 127 (1) The Minister must, at least once every two years, convene a round table of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters. Recommendations to be in public registry (2) Any written recommendations from the round table must be included in the public registry. Response of Minister (3) The Minister must respond to any written recommendations from the round table within 180 days after receiving them and a copy of the Minister’s response must be included in the public registry. Reports on status of wildlife species 128 Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. Parliamentary review of Act 129 Five years after this section 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 this Act. Assessment of Wildlife Species Mentioned in the Schedules Assessment of status 130 (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and (a) classify the species as extinct, extirpated, endangered, threatened or of special concern; Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Assessment of Wildlife Species Mentioned in the Schedules Sections 130-131 (b) indicate that COSEWIC does not have sufficient information to classify the species; or (c) indicate that the species is not currently at risk. Time for assessment — Schedule 2 (2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force. Deemed classification (3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2. Time for assessment — Schedule 3 (4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly. Extension (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension. Provisions apply (6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1). Recent reports (7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent. Section 27 applies 131 Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk Assessment of Wildlife Species Mentioned in the Schedules Sections 132-142 Time for recovery strategy 132 If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species. Time for management plan 133 If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing. Related Amendments 134 to 141 [Amendments] Coordinating Amendment 141.1 [Amendment] Coming into Force Order of Governor in Council 142 Except for section 141.1, the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 141.1 in force on assent December 12, 2002; sections 1, 134 to 136 and 138 to 141 in force March 24, 2003, see SI/2003-43; sections 2 to 31, 37 to 56, 62, 65 to 76, 78 to 84, 120 to 133 and 137 in force June 5, 2003, sections 32 to 36, 57 to 61, 63, 64, 77 and 85 to 119 in force June 1, 2004, see SI/ 2003-111.] * Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk SCHEDULE 1 (Subsections 2(1), 42(2) and 68(2)) List of Wildlife Species at Risk PART 1 Extirpated Species Mammals Ferret, Black-footed (Mustela nigripes) Putois d’Amérique Walrus, Atlantic (Odobenus rosmarus rosmarus) Northwest Atlantic population Morse de l’Atlantique population de l’Atlantique NordOuest Whale, Grey (Eschrichtius robustus) Atlantic population Baleine grise population de l’Atlantique Birds Prairie-Chicken, Greater (Tympanuchus cupido pinnatus) Tétras des prairies Sage-Grouse phaios subspecies, Greater (Centrocercus urophasianus phaios) Tétras des armoises de la sous-espèce phaios Amphibians Salamander, Eastern Tiger (Ambystoma tigrinum) Carolinian population Salamandre tigrée de l’Est population carolinienne Reptiles Gophersnake, Pacific (Pituophis catenifer catenifer) Couleuvre à nez mince du Pacifique Lizard, Pygmy Short-horned (Phrynosoma douglasii) Iguane pygmée à cornes courtes Rattlesnake, Timber (Crotalus horridus) Crotale des bois Turtle, Eastern Box (Terrapene carolina) Tortue boîte de l’Est Turtle, Pacific Pond (Actinemys marmorata) Tortue de l’Ouest Fish Chub, Gravel (Erimystax x-punctatus) Gravelier Paddlefish (Polyodon spathula) Spatulaire Molluscs Puget Oregonian (Cryptomastix devia) Escargot du Puget Wedgemussel, Dwarf (Alasmidonta heterodon) Alasmidonte naine Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Arthropods Blue, Karner (Lycaeides melissa samuelis) Bleu mélissa Burying Beetle, American (Nicrophorus americanus) Nécrophore d’Amérique Elfin, Frosted (Callophrys irus) Lutin givré Marble, Island (Euchloe ausonides insulanus) Marbré insulaire Plants Lupine, Oregon (Lupinus oreganus) Lupin d’Orégon Spring Blue-eyed Mary (Collinsia verna) Collinsie printanière Tick-trefoil, Illinois (Desmodium illinoense) Desmodie d’Illinois Mosses Moss, Incurved Grizzled (Ptychomitrium incurvum) Ptychomitre à feuilles incurvées PART 2 Endangered Species Mammals Badger jacksoni subspecies, American (Taxidea taxus jacksoni) Blaireau d’Amérique de la sous-espèce jacksoni Badger jeffersonii subspecies, American (Taxidea taxus jeffersonii) Eastern population Blaireau d’Amérique de la sous-espèce jeffersonii population de l’Est Badger jeffersonii subspecies, American (Taxidea taxus jeffersonii) Western population Blaireau d’Amérique de la sous-espèce jeffersonii population de l’Ouest Bat, Tri-coloured (Perimyotis subflavus) Pipistrelle de l’Est Caribou, Peary (Rangifer tarandus pearyi) Caribou de Peary Caribou (Rangifer tarandus) Atlantic — Gaspésie population Caribou population de la Gaspésie — Atlantique Kangaroo Rat, Ord’s (Dipodomys ordii) Rat kangourou d’Ord Marmot, Vancouver Island (Marmota vancouverensis) Marmotte de l’île Vancouver Mole, Townsend’s (Scapanus townsendii) Taupe de Townsend Mouse dychei subspecies, Western Harvest (Reithrodontomys megalotis dychei) Souris des moissons de la sous-espèce dychei Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Myotis, Little Brown (Myotis lucifugus) Petite chauve-souris brune Myotis, Northern (Myotis septentrionalis) Chauve-souris nordique Seal Lacs des Loups Marins subspecies, Harbour (Phoca vitulina mellonae) Phoque commun de la sous-espèce des Lacs des Loups Marins Shrew, Pacific Water (Sorex bendirii) Musaraigne de Bendire Whale, Beluga (Delphinapterus leucas) St. Lawrence Estuary population Béluga population de l’estuaire du Saint-Laurent Whale, Blue (Balaenoptera musculus) Atlantic population Rorqual bleu population de l’Atlantique Whale, Blue (Balaenoptera musculus) Pacific population Rorqual bleu population du Pacifique Whale, Killer (Orcinus orca) Northeast Pacific southern resident population Épaulard population résidente du sud du Pacifique Nord-Est Whale, North Atlantic Right (Eubalaena glacialis) Baleine noire de l’Atlantique Nord Whale, North Pacific Right (Eubalaena japonica) Baleine noire du Pacifique Nord Whale, Northern Bottlenose (Hyperoodon ampullatus) Scotian Shelf population Baleine à bec commune, population du plateau néoécossais Whale, Sei (Balaenoptera borealis) Pacific population Rorqual boréal population du Pacifique Birds Bobwhite, Northern (Colinus virginianus) Colin de Virginie Chat auricollis subspecies, Yellow-breasted (Icteria virens auricollis) Southern Mountain population Paruline polyglotte de la sous-espèce auricollis population des montagnes du Sud Chat virens subspecies, Yellow-breasted (Icteria virens virens) Paruline polyglotte de la sous-espèce virens Crane, Whooping (Grus americana) Grue blanche Curlew, Eskimo (Numenius borealis) Courlis esquimau Flycatcher, Acadian (Empidonax virescens) Moucherolle vert Grebe, Horned (Podiceps auritus) Magdalen Islands population Grèbe esclavon population des îles de la Madeleine Gull, Ivory (Pagophila eburnea) Mouette blanche Knot rufa subspecies, Red (Calidris canutus rufa) Bécasseau maubèche de la sous-espèce rufa Lark, Streaked Horned (Eremophila alpestris strigata) Alouette hausse-col de la sous-espèce strigata Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Owl, Barn (Tyto alba) Eastern population Effraie des clochers population de l’Est Owl, Burrowing (Athene cunicularia) Chevêche des terriers Owl caurina subspecies, Spotted (Strix occidentalis caurina) Chouette tachetée de la sous-espèce caurina Plover, Mountain (Charadrius montanus) Pluvier montagnard Plover circumcinctus subspecies, Piping (Charadrius melodus circumcinctus) Pluvier siffleur de la sous-espèce circumcinctus Plover melodus subspecies, Piping (Charadrius melodus melodus) Pluvier siffleur de la sous-espèce melodus Rail, King (Rallus elegans) Râle élégant Sage-Grouse urophasianus subspecies, Greater (Centrocercus urophasianus urophasianus) Tétras des armoises de la sous-espèce urophasianus Sapsucker, Williamson’s (Sphyrapicus thyroideus) Pic de Williamson Shearwater, Pink-footed (Ardenna creatopus) Puffin à pieds roses Shrike Eastern subspecies, Loggerhead (Lanius ludovicianus ssp.) Pie-grièche migratrice de la sous-espèce de l’Est Sparrow, Coastal Vesper (Pooecetes gramineus affinis) Bruant vespéral de la sous-espèce affinis Sparrow, Henslow’s (Ammodramus henslowii) Bruant de Henslow Swift, Black (Cypseloides niger) Martinet sombre Tern, Roseate (Sterna dougallii) Sterne de Dougall Thrasher, Sage (Oreoscoptes montanus) Moqueur des armoises Warbler, Cerulean (Setophaga cerulea) Paruline azurée Warbler, Kirtland’s (Setophaga kirtlandii) Paruline de Kirtland Warbler, Prothonotary (Protonotaria citrea) Paruline orangée Woodpecker, Red-headed (Melanerpes erythrocephalus) Pic à tête rouge Woodpecker, White-headed (Picoides albolarvatus) Pic à tête blanche Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Amphibians Ambystoma, Unisexual (Ambystoma laterale - texanum) Small-mouthed Salamander dependent population Ambystoma unisexué, population dépendante de la salamandre à petite bouche Ambystoma, Unisexual (Ambystoma laterale - (2) jeffersonianum) Jefferson Salamander dependent population Ambystoma unisexué, population dépendante de la salamandre de Jefferson Frog, Blanchard’s Cricket (Acris blanchardi) Rainette grillon de Blanchard Frog, Northern Leopard (Lithobates pipiens) Rocky Mountain population Grenouille léopard population des Rocheuses Frog, Oregon Spotted (Rana pretiosa) Grenouille maculée de l’Oregon Salamander, Allegheny Mountain Dusky (Desmognathus ochrophaeus) Appalachian population Salamandre sombre des montagnes population des Appalaches Salamander, Allegheny Mountain Dusky (Desmognathus ochrophaeus) Carolinian population Salamandre sombre des montagnes population carolinienne Salamander, Eastern Tiger (Ambystoma tigrinum) Prairie population Salamandre tigrée de l’Est population des Prairies Salamander, Jefferson (Ambystoma jeffersonianum) Salamandre de Jefferson Salamander, Northern Dusky (Desmognathus fuscus) Carolinian population Salamandre sombre du Nord population carolinienne Salamander, Small-mouthed (Ambystoma texanum) Salamandre à petite bouche Salamander, Western Tiger (Ambystoma mavortium) Southern Mountain population Salamandre tigrée de l’Ouest population des montagnes du Sud Toad, Fowler’s (Anaxyrus fowleri) Crapaud de Fowler Reptiles Foxsnake, Eastern (Pantherophis vulpinus) Carolinian population Couleuvre fauve de l’Est population carolinienne Foxsnake, Eastern (Pantherophis vulpinus) Great Lakes / St. Lawrence population Couleuvre fauve de l’Est population des Grands Lacs et du Saint-Laurent Gartersnake, Butler’s (Thamnophis butleri) Couleuvre à petite tête Lizard, Greater Short-horned (Phrynosoma hernandesi) Grand iguane à petites cornes Massasauga (Sistrurus catenatus) Carolinian population Massasauga population carolinienne Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Nightsnake, Desert (Hypsiglena chlorophaea) Couleuvre nocturne du désert Queensnake (Regina septemvittata) Couleuvre royale Racer, Blue (Coluber constrictor foxii) Couleuvre agile bleue Ratsnake, Gray (Pantherophis spiloides) Carolinian population Couleuvre ratière grise population carolinienne Sea Turtle, Leatherback (Dermochelys coriacea) Atlantic population Tortue luth population de l’Atlantique Sea Turtle, Leatherback (Dermochelys coriacea) Pacific population Tortue luth population du Pacifique Sea Turtle, Loggerhead (Caretta caretta) Tortue caouanne Skink, Five-lined (Plestiodon fasciatus) Carolinian population Scinque pentaligne population carolinienne Snake, Sharp-tailed (Contia tenuis) Couleuvre à queue fine Softshell, Spiny (Apalone spinifera) Tortue molle à épines Turtle, Blanding’s (Emydoidea blandingii) Great Lakes / St. Lawrence population Tortue mouchetée population des Grands Lacs et du Saint-Laurent Turtle, Blanding’s (Emydoidea blandingii) Nova Scotia population Tortue mouchetée population de la Nouvelle-Écosse Turtle, Spotted (Clemmys guttata) Tortue ponctuée Fish Bass, Striped (Morone saxatilis) St. Lawrence River population Bar rayé population du fleuve Saint-Laurent Chub, Silver (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence populations Méné à grandes écailles populations des Grands Lacs et du haut Saint-Laurent Chubsucker, Lake (Erimyzon sucetta) Sucet de lac Cisco, Shortnose (Coregonus reighardi) Cisco à museau court Cisco, Spring (Coregonus sp.) Cisco de printemps Dace, Nooksack (Rhinichthys cataractae ssp.) Naseux de la Nooksack Dace, Redside (Clinostomus elongatus) Méné long Dace, Speckled (Rhinichthys osculus) Naseux moucheté Darter, Channel (Percina copelandi) Lake Erie populations Fouille-roche gris populations du lac Érié Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Darter, Channel (Percina copelandi) Lake Ontario populations Fouille-roche gris populations du lac Ontario Gar, Spotted (Lepisosteus oculatus) Lépisosté tacheté Lamprey, Western Brook (Lampetra richardsoni) Morrison Creek population Lamproie de l’ouest population du ruisseau Morrison Madtom, Northern (Noturus stigmosus) Chat-fou du Nord Redhorse, Copper (Moxostoma hubbsi) Chevalier cuivré Salmon, Atlantic (Salmo salar) Inner Bay of Fundy population Saumon atlantique population de l’intérieur de la baie de Fundy Shark, Basking (Cetorhinus maximus) Pacific population Pèlerin population du Pacifique Shark, White (Carcharodon carcharias) Atlantic population Grand requin blanc population de l’Atlantique Shiner, Carmine (Notropis percobromus) Tête carminée Smelt, Rainbow (Osmerus mordax) Lake Utopia largebodied population Éperlan arc-en-ciel population d’individus de grande taille du lac Utopia Smelt, Rainbow (Osmerus mordax) Lake Utopia smallbodied population Éperlan arc-en-ciel population d’individus de petite taille du lac Utopia Stickleback, Enos Lake Benthic Threespine (Gasterosteus aculeatus) Épinoche à trois épines benthique du lac Enos Stickleback, Enos Lake Limnetic Threespine (Gasterosteus aculeatus) Épinoche à trois épines limnétique du lac Enos Stickleback, Misty Lake Lentic Threespine (Gasterosteus aculeatus) Épinoche à trois épines lentique du lac Misty Stickleback, Misty Lake Lotic Threespine (Gasterosteus aculeatus) Épinoche à trois épines lotique du lac Misty Stickleback, Paxton Lake Benthic Threespine (Gasterosteus aculeatus) Épinoche à trois épines benthique du lac Paxton Stickleback, Paxton Lake Limnetic Threespine (Gasterosteus aculeatus) Épinoche à trois épines limnétique du lac Paxton Stickleback, Vananda Creek Benthic Threespine (Gasterosteus aculeatus) Épinoche à trois épines benthique du ruisseau Vananda Stickleback, Vananda Creek Limnetic Threespine (Gasterosteus aculeatus) Épinoche à trois épines limnétique du ruisseau Vananda Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Sturgeon, White (Acipenser transmontanus) Nechako River population Esturgeon blanc population de la rivière Nechako Sturgeon, White (Acipenser transmontanus) Upper Columbia River population Esturgeon blanc population du cours supérieur du Columbia Sturgeon, White (Acipenser transmontanus) Upper Fraser River population Esturgeon blanc population du cours supérieur du Fraser Sturgeon, White (Acipenser transmontanus) Upper Kootenay River population Esturgeon blanc population du cours supérieur de la rivière Kootenay Trout, Rainbow (Oncorhynchus mykiss) Athabasca River populations Truite arc-en-ciel populations de la rivière Athabasca Whitefish, Atlantic (Coregonus huntsmani) Corégone de l’Atlantique Molluscs Abalone, Northern (Haliotis kamtschatkana) Ormeau nordique Bean, Rayed (Villosa fabalis) Villeuse haricot Fawnsfoot (Truncilla donaciformis) Troncille pied-de-faon Forestsnail, Broad-banded (Allogona profunda) Escargot-forestier écharge Forestsnail, Oregon (Allogona townsendiana) Escargot-forestier de Townsend Globelet, Proud (Patera pennsylvanica) Patère de Pennsylvanie Hickorynut (Obovaria olivaria) Obovarie olivâtre Hickorynut, Round (Obovaria subrotunda) Obovarie ronde Kidneyshell (Ptychobranchus fasciolaris) Ptychobranche réniforme Lilliput (Toxolasma parvum) Toxolasme nain Mussel, Salamander (Simpsonaias ambigua) Mulette du Necture Physa, Hotwater (Physella wrighti) Physe d’eau chaude Pigtoe, Round (Pleurobema sintoxia) Pleurobème écarlate Riffleshell, Northern (Epioblasma torulosa rangiana) Épioblasme ventrue Snail, Banff Springs (Physella johnsoni) Physe des fontaines de Banff Snuffbox (Epioblasma triquetra) Épioblasme tricorne Tigersnail, Eastern Banded (Anguispira kochi kochi) Escargot-tigre à bandes de l’Est Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Arthropods Blue, Island (Plebejus saepiolus insulanus) Bleu insulaire Borer, Aweme (Papaipema aweme) Perce-tige d’Aweme Borer, Hoptree (Prays atomocella) Perceur du ptéléa Buckmoth, Bogbean (Hemileuca sp.) Hémileucin du ményanthe Bumble Bee, Gypsy Cuckoo (Bombus bohemicus) Psithyre bohémien Bumble Bee, Rusty-patched (Bombus affinis) Bourdon à tache rousse Checkerspot, Taylor’s (Euphydryas editha taylori) Damier de Taylor Clubtail, Olive (Stylurus olivaceus) Gomphe olive Clubtail, Rapids (Gomphus quadricolor) Gomphe des rapides Clubtail, Riverine (Stylurus amnicola) Great Lakes Plains population Gomphe riverain population des plaines des Grands Lacs Clubtail, Skillet (Gomphus ventricosus) Gomphe ventru Crawling Water Beetle, Hungerford’s (Brychius hungerfordi) Haliplide de Hungerford Cuckoo Bee, Macropis (Epeoloides pilosulus) Abeille-coucou de Macropis Diving Beetle, Bert’s Predaceous (Sanfilippodytes bertae) Hydropore de Bertha Duskywing, Eastern Persius (Erynnis persius persius) Hespérie Persius de l’Est Efferia, Okanagan (Efferia okanagana) Asile de l’Okanagan Emerald, Hine’s (Somatochlora hineana) Cordulie de Hine Flower Moth, White (Schinia bimatris) Héliotin blanc satiné Gold-edged Gem (Schinia avemensis) Héliotin d’Aweme Hairstreak, Behr’s (Satyrium behrii) Porte-queue de Behr Hairstreak, Half-moon (Satyrium semiluna) Porte-queue demi-lune Metalmark, Mormon (Apodemia mormo) Southern Mountain population Mormon population des montagnes du Sud Moth, Dusky Dune (Copablepharon longipenne) Noctuelle sombre des dunes Moth, Edwards’ Beach (Anarta edwardsii) Noctuelle d’Edwards Moth, Five-spotted Bogus Yucca (Prodoxus quinquepunctellus) Fausse-teigne à cinq points du yucca Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Moth, Non-pollinating Yucca (Tegeticula corruptrix) Teigne tricheuse du yucca Moth, Sand-verbena (Copablepharon fuscum) Noctuelle de l’abronie Moth, Yucca (Tegeticula yuccasella) Teigne du yucca Ringlet, Maritime (Coenonympha nipisiquit) Satyre fauve des Maritimes Skipper, Dakota (Hesperia dacotae) Hespérie du Dakota Skipperling, Poweshiek (Oarisma poweshiek) Hespérie de Poweshiek Skipper, Ottoe (Hesperia ottoe) Hespérie Ottoé Sun Moth, False-foxglove (Pyrrhia aurantiago) Héliotin orangé Tiger Beetle, Cobblestone (Cicindela marginipennis) Cicindèle des galets Tiger Beetle, Northern Barrens (Cicindela patruela) Cicindèle verte des pinèdes Tiger Beetle, Wallis’ Dark Saltflat (Cicindela parowana wallisi) Cicindèle de Wallis Plants Agalinis, Gattinger’s (Agalinis gattingeri) Gérardie de Gattinger Agalinis, Rough (Agalinis aspera) Gérardie rude Agalinis, Skinner’s (Agalinis skinneriana) Gérardie de Skinner Ammannia, Scarlet (Ammannia robusta) Ammannie robuste Aster, Short-rayed Alkali (Symphyotrichum frondosum) Aster feuillu Avens, Eastern Mountain (Geum peckii) Benoîte de Peck Balsamroot, Deltoid (Balsamorhiza deltoidea) Balsamorhize à feuilles deltoïdes Beakrush, Tall (Rhynchospora macrostachya) Rhynchospore à gros épillets Birch, Cherry (Betula lenta) Bouleau flexible Bluehearts (Buchnera americana) Buchnéra d’Amérique Braya, Fernald’s (Braya fernaldii) Braya de Fernald Braya, Hairy (Braya pilosa) Braya poilu Braya, Long’s (Braya longii) Braya de Long Bugbane, Tall (Actaea elata) Cimicaire élevée Bulrush, Bashful (Trichophorum planifolium) Trichophore à feuilles plates Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Bush-clover, Slender (Lespedeza virginica) Lespédèze de Virginie Buttercup, California (Ranunculus californicus) Renoncule de Californie Buttercup, Water-plantain (Ranunculus alismifolius) Renoncule à feuilles d’alisme Butternut (Juglans cinerea) Noyer cendré Cactus, Eastern Prickly Pear (Opuntia humifusa) Oponce de l’Est Campion, Spalding’s (Silene spaldingii) Silène de Spalding Catchfly, Coastal Scouler’s (Silene scouleri ssp. grandis) Grand silène de Scouler Centaury, Muhlenberg’s (Centaurium muehlenbergii) Petite-centaurée de Muhlenberg Chestnut, American (Castanea dentata) Châtaignier d’Amérique Colicroot (Aletris farinosa) Alétris farineux Collomia, Slender (Collomia tenella) Collomia délicat Columbo, American (Frasera caroliniensis) Frasère de Caroline Coreopsis, Pink (Coreopsis rosea) Coréopsis rose Dogwood, Eastern Flowering (Cornus florida) Cornouiller fleuri Evening-primrose, Contorted-pod (Camissonia contorta) Onagre à fruits tordus Fern, Southern Maidenhair (Adiantum capillus-veneris) Adiante cheveux-de-Vénus Gentian, Plymouth (Sabatia kennedyana) Sabatie de Kennedy Gentian, White Prairie (Gentiana alba) Gentiane blanche Ginseng, American (Panax quinquefolius) Ginseng à cinq folioles Goat’s-rue, Virginia (Tephrosia virginiana) Téphrosie de Virginie Goldenrod, Showy (Solidago speciosa) Great Lakes Plains population Verge d’or voyante population des plaines des Grands Lacs Goldfields, Rayless (Lasthenia glaberrima) Lasthénie glabre Grass, Forked Three-awned (Aristida basiramea) Aristide à rameaux basilaires Ironweed, Fascicled (Vernonia fasciculata) Vernonie fasciculée Lewisia, Tweedy’s (Lewisiopsis tweedyi) Léwisie de Tweedy Lipocarpha, Small-flowered (Lipocarpha micrantha) Lipocarphe à petites fleurs Lotus, Seaside Birds-foot (Lotus formosissimus) Lotier splendide Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Lousewort, Furbish’s (Pedicularis furbishiae) Pédiculaire de Furbish Lupine, Dense-flowered (Lupinus densiflorus) Lupin densiflore Lupine, Prairie (Lupinus lepidus) Lupin élégant Lupine, Streambank (Lupinus rivularis) Lupin des ruisseaux Mallow, Virginia (Sida hermaphrodita) Mauve de Virginie Meconella, White (Meconella oregana) Méconelle d’Orégon Microseris, Coast (Microseris bigelovii) Microséris de Bigelow Milkwort, Pink (Polygala incarnata) Polygale incarnat Mountain-mint, Hoary (Pycnanthemum incanum) Pycnanthème gris Mulberry, Red (Morus rubra) Mûrier rouge Orchid, Eastern Prairie Fringed (Platanthera leucophaea) Platanthère blanchâtre de l’Est Orchid, Phantom (Cephalanthera austiniae) Céphalanthère d’Austin Orchid, Western Prairie Fringed (Platanthera praeclara) Platanthère blanchâtre de l’Ouest Owl-clover, Bearded (Triphysaria versicolor) Triphysaire versicolore Owl-clover, Grand Coulee (Orthocarpus barbatus) Orthocarpe barbu Owl-clover, Rosy (Orthocarpus bracteosus) Orthocarpe à épi feuillu Owl-clover, Victoria’s (Castilleja victoriae) Castilléjie de Victoria Paintbrush, Golden (Castilleja levisecta) Castilléjie dorée Phacelia, Branched (Phacelia ramosissima) Phacélie rameuse Pine, Whitebark (Pinus albicaulis) Pin à écorce blanche Plantain, Heart-leaved (Plantago cordata) Plantain à feuilles cordées Pogonia, Large Whorled (Isotria verticillata) Isotrie verticillée Pogonia, Nodding (Triphora trianthophoros) Triphore penché Pogonia, Small Whorled (Isotria medeoloides) Isotrie fausse-médéole Pondweed, Ogden’s (Potamogeton ogdenii) Potamot d’Ogden Popcornflower, Fragrant (Plagiobothrys figuratus) Plagiobothryde odorante Pussytoes, Stoloniferous (Antennaria flagellaris) Antennaire stolonifère Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Quillwort, Engelmann’s (Isoetes engelmannii) Isoète d’Engelmann Rockcress, Quebec (Boechera quebecensis) Arabette du Québec Rush, Kellogg’s (Juncus kelloggii) Jonc de Kellogg Sand-verbena, Pink (Abronia umbellata) Abronie rose Sand-verbena, Small-flowered (Tripterocalyx micranthus) Abronie à petites fleurs Sandwort, Dwarf (Minuartia pusilla) Minuartie naine Sedge, False Hop (Carex lupuliformis) Carex faux-lupulina Sedge, Foothill (Carex tumulicola) Carex tumulicole Sedge, Juniper (Carex juniperorum) Carex des genévriers Silverpuffs, Lindley’s False (Uropappus lindleyi) Uropappe de Lindley Spike-primrose, Brook (Epilobium torreyi) Épilobe de Torrey Spike-primrose, Dense (Epilobium densiflorum) Epilobe densiflore Spike-rush, Bent (Eleocharis geniculata) Great Lakes Plains population Éléocharide géniculée population des plaines des Grands Lacs Spike-rush, Bent (Eleocharis geniculata) Southern Mountain population Éléocharide géniculée population des montagnes du Sud Spike-rush, Horsetail (Eleocharis equisetoides) Éléocharide fausse-prêle Sundew, Thread-leaved (Drosera filiformis) Droséra filiforme Tonella, Small-flowered (Tonella tenella) Tonelle délicate Toothcup (Rotala ramosior) Southern Mountain population Rotala rameux population des montagnes du Sud Tree, Cucumber (Magnolia acuminata) Magnolia acuminé Trefoil, Bog Bird’s-foot (Lotus pinnatus) Lotier à feuilles pennées Trillium, Drooping (Trillium flexipes) Trille à pédoncule incliné Triteleia, Howell’s (Triteleia howellii) Tritéléia de Howell Violet, Bird’s-foot (Viola pedata) Violette pédalée Violet praemorsa subspecies, Yellow Montane (Viola praemorsa ssp. praemorsa) Violette jaune des monts de la sous-espèce praemorsa Willow, Barrens (Salix jejuna) Saule des landes Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Wood-poppy (Stylophorum diphyllum) Stylophore à deux feuilles Woolly-heads, Tall (Psilocarphus elatior) Psilocarphe élevé Woolly-heads, Dwarf (Psilocarphus brevissimus) Southern Mountain population Psilocarphe nain, population des montagnes du Sud Lichens Lichen, Batwing Vinyl (Leptogium platynum) Leptoge à grosses spores Lichen, Boreal Felt (Erioderma pedicellatum) Atlantic population Érioderme boréal population de l’Atlantique Lichen, Golden-eye (Teloschistes chrysophthalmus) Great Lakes population Téloschiste ocellé, population des Grands Lacs Lichen, Pale-bellied Frost (Physconia subpallida) Physconie pâle Lichen, Seaside Centipede (Heterodermia sitchensis) Hétérodermie maritime Lichen, Vole Ears (Erioderma mollissimum) Érioderme mou Mosses Cord-moss, Rusty (Entosthodon rubiginosus) Entosthodon rouilleux Moss, Acuteleaf Small Limestone (Seligeria acutifolia) Séligérie à feuilles aiguës Moss, Margined Streamside (Scouleria marginata) Scoulérie à feuilles marginées Moss, Nugget (Microbryum vlassovii) Phasque de Vlassov Moss, Poor Pocket (Fissidens pauperculus) Fissident appauvri Moss, Rigid Apple (Bartramia aprica) Bartramie à feuilles dressées Moss, Roell’s Brotherella (Brotherella roellii) Brotherelle de Roell Moss, Silver Hair (Fabronia pusilla) Fabronie naine PART 3 Threatened Species Mammals Bat, Pallid (Antrozous pallidus) Chauve-souris blonde Bison, Wood (Bison bison athabascae) Bison des bois Caribou (Rangifer tarandus) Boreal population Caribou population boréale Caribou, Woodland (Rangifer tarandus caribou) Southern Mountain population Caribou des bois population des montagnes du Sud Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Ermine haidarum subspecies (Mustela erminea haidarum) Hermine de la sous-espèce haidarum Fox, Grey (Urocyon cinereoargenteus) Renard gris Fox, Swift (Vulpes velox) Renard véloce Marten, American (Martes americana atrata) Newfoundland population Martre d’Amérique population de Terre-Neuve Prairie Dog, Black-tailed (Cynomys ludovicianus) Chien de prairie Whale, Beluga (Delphinapterus leucas) Cumberland Sound population Béluga population de la baie Cumberland Whale, Fin (Balaenoptera physalus) Pacific population Rorqual commun population du Pacifique Whale, Killer (Orcinus orca) Northeast Pacific northern resident population Épaulard population résidente du nord du Pacifique Nord-Est Whale, Killer (Orcinus orca) Northeast Pacific offshore population Épaulard population océanique du Pacifique Nord-Est Whale, Killer (Orcinus orca) Northeast Pacific transient population Épaulard population migratrice du Pacifique Nord-Est Birds Albatross, Short-tailed (Phoebastria albatrus) Albatros à queue courte Bittern, Least (Ixobrychus exilis) Petit Blongios Bobolink (Dolichonyx oryzivorus) Goglu des prés Bunting, Lark (Calamospiza melanocorys) Bruant noir et blanc Crossbill percna subspecies, Red (Loxia curvirostra percna) Bec-croisé des sapins de la sous-espèce percna Flycatcher, Olive-sided (Contopus cooperi) Moucherolle à côtés olive Goshawk laingi subspecies, Northern (Accipiter gentilis laingi) Autour des palombes de la sous-espèce laingi Gull, Ross’s (Rhodostethia rosea) Mouette rosée Hawk, Ferruginous (Buteo regalis) Buse rouilleuse Knot roselaari type, Red (Calidris canutus roselaari type) Bécasseau maubèche du type roselaari Longspur, Chestnut-collared (Calcarius ornatus) Bruant à ventre noir Longspur, McCown’s (Rhynchophanes mccownii) Plectrophane de McCown Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Meadowlark, Eastern (Sturnella magna) Sturnelle des prés Murrelet, Marbled (Brachyramphus marmoratus) Guillemot marbré Nighthawk, Common (Chordeiles minor) Engoulevent d’Amérique Owl, Barn (Tyto alba) Western population Effraie des clochers population de l’Ouest Owl brooksi subspecies, Northern Saw-whet (Aegolius acadicus brooksi) Petite Nyctale de la sous-espèce brooksi Pipit, Sprague’s (Anthus spragueii) Pipit de Sprague Screech-owl kennicottii subspecies, Western (Megascops kennicottii kennicottii) Petit-duc des montagnes de la sous-espèce kennicottii Screech-owl macfarlanei subspecies, Western (Megascops kennicottii macfarlanei) Petit-duc des montagnes de la sous-espèce macfarlanei Shrike Prairie subspecies, Loggerhead (Lanius ludovicianus excubitorides) Pie-grièche migratrice de la sous-espèce des Prairies Swallow, Bank (Riparia riparia) Hirondelle de rivage Swallow, Barn (Hirundo rustica) Hirondelle rustique Swift, Chimney (Chaetura pelagica) Martinet ramoneur Thrush, Bicknell’s (Catharus bicknelli) Grive de Bicknell Thrush, Wood (Hylocichla mustelina) Grive des bois Warbler, Canada (Cardellina canadensis) Paruline du Canada Warbler, Golden-winged (Vermivora chrysoptera) Paruline à ailes dorées Waterthrush, Louisiana (Parkesia motacilla) Paruline hochequeue Whip-poor-will, Eastern (Antrostomus vociferus) Engoulevent bois-pourri Woodpecker, Lewis’s (Melanerpes lewis) Pic de Lewis Amphibians Frog, Rocky Mountain Tailed (Ascaphus montanus) Grenouille-à-queue des Rocheuses Frog, Western Chorus (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population Rainette faux-grillon de l’Ouest population des Grands Lacs / Saint-Laurent et du Bouclier canadien Salamander, Coastal Giant (Dicamptodon tenebrosus) Grande salamandre du Nord Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Salamander, Spring (Gyrinophilus porphyriticus) Adirondack / Appalachian population Salamandre pourpre population des Adirondacks et des Appalaches Spadefoot, Great Basin (Spea intermontana) Crapaud du Grand Bassin Reptiles Gophersnake, Great Basin (Pituophis catenifer deserticola) Couleuvre à nez mince du Grand Bassin Massasauga (Sistrurus catenatus) Great Lakes/St. Lawrence population Massasauga population des Grands Lacs et du SaintLaurent Racer, Eastern Yellow-bellied (Coluber constrictor fla‐ viventris) Couleuvre agile à ventre jaune de l’Est Ratsnake, Gray (Pantherophis spiloides) Great Lakes / St. Lawrence population Couleuvre ratière grise population des Grands Lacs et du Saint-Laurent Rattlesnake, Western (Crotalus oreganos) Crotale de l’Ouest Ribbonsnake, Eastern (Thamnophis sauritus) Atlantic population Couleuvre mince population de l’Atlantique Snake, Eastern Hog-nosed (Heterodon platirhinos) Couleuvre à nez plat Turtle, Western Painted (Chrysemys picta bellii) Pacific Coast population Tortue peinte de l’Ouest, population de la côte du Pacifique Turtle, Wood (Glyptemys insculpta) Tortue des bois Fish Darter, Eastern Sand (Ammocrypta pellucida) Ontario populations Dard de sable populations de l’Ontario Darter, Eastern Sand (Ammocrypta pellucida) Quebec populations Dard de sable populations du Québec Lamprey, Vancouver (Entosphenus macrostomus) Lamproie de Vancouver Minnow, Plains (Hybognathus placitus) Méné des plaines Minnow, Pugnose (Opsopoeodus emiliae) Petit-bec Minnow, Western Silvery (Hybognathus argyritis) Méné d’argent de l’Ouest Redhorse, Black (Moxostoma duquesnei) Chevalier noir Sculpin, Coastrange (Cottus aleuticus) Cultus population Chabot de la chaîne côtière population Cultus Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Sculpin, Rocky Mountain (Cottus sp.) Eastslope popula‐ tions Chabot des montagnes Rocheuses populations du versant est Shiner, Pugnose (Notropis anogenus) Méné camus Shiner, Silver (Notropis photogenis) Méné miroir Spotted Wolffish (Anarhichas minor) Loup tacheté Sucker, Mountain (Catostomus platyrhynchus) Milk River populations Meunier des montagnes populations de la rivière Milk Sucker, Salish (Catostomus sp. cf. catostomus) Meunier de Salish Trout, Bull (Salvelinus confluentus) Saskatchewan – Nelson Rivers populations Omble à tête plate populations de la rivière Saskatchewan et du fleuve Nelson Trout, Westslope Cutthroat (Oncorhynchus clarkii lewisi) Alberta population Truite fardée versant de l’Ouest population de l’Alberta Wolffish, Northern (Anarhichas denticulatus) Loup à tête large Molluscs Atlantic Mud-piddock (Barnea truncata) Pholade tronquée Jumping-slug, Dromedary (Hemphillia dromedarius) Limace-sauteuse dromadaire Mapleleaf (Quadrula quadrula) Saskatchewan – Nelson Rivers population Mulette feuille d’érable population de la rivière Saskatchewan et du fleuve Nelson Taildropper, Blue-grey (Prophysaon coeruleum) Limace-prophyse bleu-gris Wartyback, Threehorn (Obliquaria reflexa) Obliquaire à trois cornes Arthropods Flower Moth, Verna’s (Schinia verna) Héliotin de Verna Grasshopper, Lake Huron (Trimerotropis huroniana) Criquet du lac Huron Skipper vestris subspecies, Dun (Euphyes vestris vestris) Hespérie rurale de la sous-espèce vestris Sweat Bee, Sable Island (Lasioglossum sablense) Halicte de l’île de Sable Tiger Beetle, Audouin’s Night-stalking (Omus audouini) Cicindèle d’Audouin Tiger Beetle, Gibson’s Big Sand (Cicindela formosa gibsoni) Cicindèle à grandes taches de Gibson Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Plants Arnica, Griscom’s (Arnica griscomii ssp. griscomii) Arnica de Griscom Aster, Gulf of St. Lawrence (Symphyotrichum laurentianum) Aster du golfe Saint-Laurent Aster, Western Silvery (Symphyotrichum sericeum) Aster soyeux Aster, White Wood (Eurybia divaricata) Aster à rameaux étalés Aster, Willowleaf (Symphyotrichum praealtum) Aster très élevé Baccharis, Eastern (Baccharis halimifolia) Baccharis à feuilles d’arroche Bartonia, Branched (Bartonia paniculata ssp. paniculata) Bartonie paniculée Blazing Star, Dense (Liatris spicata) Liatris à épi Coffee-tree, Kentucky (Gymnocladus dioicus) Chicot févier Cryptantha, Tiny (Cryptantha minima) Cryptanthe minuscule Daisy, Lakeside (Hymenoxys herbacea) Hyménoxys herbacé Deerberry (Vaccinium stamineum) Airelle à longues étamines Desert-parsley, Gray’s (Lomatium grayi) Lomatium de Gray Fern, Lemmon’s Holly (Polystichum lemmonii) Polystic de Lemmon Fern, Mountain Holly (Polystichum scopulinum) Polystic des rochers Gentian, Victorin’s (Gentianopsis virgata ssp. victorinii) Gentiane de Victorin Goldenrod, Showy (Solidago speciosa) Boreal population Verge d’or voyante population boréale Goldenseal (Hydrastis canadensis) Hydraste du Canada Goosefoot, Smooth (Chenopodium subglabrum) Chénopode glabre Greenbrier, Round-leaved (Smilax rotundifolia) Great Lakes Plains population Smilax à feuilles rondes population des plaines des Grands Lacs Hackberry, Dwarf (Celtis tenuifolia) Micocoulier rabougri Hyacinth, Wild (Camassia scilloides) Camassie faux-scille Jacob’s-ladder, Van Brunt’s (Polemonium vanbruntiae) Polémoine de Van Brunt Lady’s-slipper, Small White (Cypripedium candidum) Cypripède blanc Locoweed, Hare-footed (Oxytropis lagopus) Oxytrope patte-de-lièvre Meadowfoam, Macoun’s (Limnanthes macounii) Limnanthe de Macoun Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Mosquito-fern, Mexican (Azolla mexicana) Azolle du Mexique Mouse-ear-cress, Slender (Halimolobos virgata) Halimolobos mince Paintbrush, Cliff (Castilleja rupicola) Castilléjie des rochers Pepperbush, Sweet (Clethra alnifolia) Clèthre à feuilles d’aulne Phlox, Showy (Phlox speciosa ssp. occidentalis) Phlox de l’Ouest Popcornflower, Slender (Plagiobothrys tenellus) Plagiobothryde délicate Quillwort, Bolander’s (Isoetes bolanderi) Isoète de Bolander Rue-anemone, False (Enemion biternatum) Isopyre à feuilles biternées Sanicle, Bear’s-foot (Sanicula arctopoides) Sanicle patte-d’ours Sanicle, Purple (Sanicula bipinnatifida) Sanicle bipinnatifide Soapweed (Yucca glauca) Yucca glauque Spiderwort, Western (Tradescantia occidentalis) Tradescantie de l’Ouest Thistle, Hill’s (Cirsium hillii) Chardon de Hill Toothcup (Rotala ramosior) Great Lakes Plains population Rotala rameux population des plaines des Grands Lacs Twayblade, Purple (Liparis liliifolia) Liparis à feuilles de lis Water-willow, American (Justicia americana) Carmantine d’Amérique Willow, Green-scaled (Salix chlorolepis) Saule à bractées vertes Wintergreen, Spotted (Chimaphila maculata) Chimaphile maculée Woodsia, Blunt-lobed (Woodsia obtusa) Woodsie à lobes arrondis Lichens Lichen, Black-foam (Anzia colpodes) Anzie mousse-noire Lichen, Crumpled Tarpaper (Collema coniophilum) Collème bâche Lichen, Seaside Bone (Hypogymnia heterophylla) Hypogymnie maritime Lichen, Wrinkled Shingle (Pannaria lurida) Pannaire jaune pâle Waterfan, Eastern (Peltigera hydrothyria) Peltigère éventail d’eau de l’Est Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Mosses Bryum, Porsild’s (Haplodontium macrocarpum) Bryum de Porsild Moss, Alkaline Wing-nerved (Pterygoneurum kozlovii) Ptérygoneure de Koslov Moss, Haller’s Apple (Bartramia halleriana) Bartramie de Haller Moss, Spoon-leaved (Bryoandersonia illecebra) Andersonie charmante PART 4 Special Concern Mammals Badger taxus subspecies, American (Taxidea taxus taxus) Blaireau d’Amérique de la sous-espèce taxus Bat, Spotted (Euderma maculatum) Oreillard maculé Bear, Grizzly (Ursus arctos) Western population Ours grizzli population de l’Ouest Bear, Polar (Ursus maritimus) Ours blanc Beaver, Mountain (Aplodontia rufa) Castor de montagne Caribou, Barren-ground (Rangifer tarandus groenlandicus) Dolphin and Union population Caribou de la toundra population Dolphin-et-Union Caribou (Rangifer tarandus) Newfoundland population Caribou, population de Terre-Neuve Caribou, Woodland (Rangifer tarandus caribou) Northern Mountain population Caribou des bois population des montagnes du Nord Cottontail nuttallii subspecies, Nuttall’s (Sylvilagus nuttallii nuttallii) Lapin de Nuttall de la sous-espèce nuttallii Mole, Eastern (Scalopus aquaticus) Taupe à queue glabre Mouse megalotis subspecies, Western Harvest (Reithrodontomys megalotis megalotis) Souris des moissons de la sous-espèce megalotis Otter, Sea (Enhydra lutris) Loutre de mer Pika, Collared (Ochotona collaris) Pica à collier Porpoise, Harbour (Phocoena phocoena) Pacific Ocean population Marsouin commun population de l’océan Pacifique Sea Lion, Steller (Eumetopias jubatus) Otarie de Steller Vole, Woodland (Microtus pinetorum) Campagnol sylvestre Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Whale, Bowhead (Balaena mysticetus) Bering-ChukchiBeaufort population Baleine boréale, population des mers de Béring, des Tchouktches et de Beaufort Whale, Fin (Balaenoptera physalus) Atlantic population Rorqual commun population de l’Atlantique Whale, Grey (Eschrichtius robustus) Eastern North Pacific population Baleine grise population du Pacifique Nord-Est Whale, Humpback (Megaptera novaeangliae) North Pacific population Rorqual à bosse population du Pacifique Nord Whale, Sowerby’s Beaked (Mesoplodon bidens) Baleine à bec de Sowerby Wolf, Eastern (Canis lupus lycaon) Loup de l’Est Wolverine (Gulo gulo) Carcajou Birds Albatross, Black-footed (Phoebastria nigripes) Albatros à pieds noirs Auklet, Cassin’s (Ptychoramphus aleuticus) Starique de Cassin Blackbird, Rusty (Euphagus carolinus) Quiscale rouilleux Curlew, Long-billed (Numenius americanus) Courlis à long bec Duck, Harlequin (Histrionicus histrionicus) Eastern population Arlequin plongeur population de l’Est Falcon anatum/tundrius, Peregrine (Falco peregrinus anatum/tundrius) Faucon pèlerin anatum/tundrius Falcon pealei subspecies, Peregrine (Falco peregrinus pealei) Faucon pèlerin de la sous-espèce pealei Goldeneye, Barrow’s (Bucephala islandica) Eastern population Garrot d’Islande population de l’Est Grebe, Horned (Podiceps auritus) Western population Grèbe esclavon population de l’Ouest Grebe, Western (Aechmophorus occidentalis) Grèbe élégant Grosbeak, Evening (Coccothraustes vespertinus) Gros-bec errant Heron fannini subspecies, Great Blue (Ardea herodias fannini) Grand héron de la sous-espèce fannini Knot islandica subspecies, Red (Calidris canutus islandica) Bécasseau maubèche de la sous-espèce islandica Murrelet, Ancient (Synthliboramphus antiquus) Guillemot à cou blanc Owl, Flammulated (Otus flammeolus) Petit-duc nain Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Owl, Short-eared (Asio flammeus) Hibou des marais Phalarope, Red-necked (Phalaropus lobatus) Phalarope à bec étroit Pigeon, Band-tailed (Patagioenas fasciata) Pigeon à queue barrée Rail, Yellow (Coturnicops noveboracensis) Râle jaune Sandpiper, Buff-breasted (Tryngites subruficollis) Bécasseau roussâtre Sparrow, Baird’s (Ammodramus bairdii) Bruant de Baird Sparrow pratensis subspecies, Grasshopper (Ammodramus savannarum pratensis) Bruant sauterelle de la sous-espèce de l’Est Sparrow princeps subspecies, Savannah (Passerculus sandwichensis princeps) Bruant des prés de la sous-espèce princeps Wood-pewee, Eastern (Contopus virens) Pioui de l’Est Amphibians Frog, Coastal Tailed (Ascaphus truei) Grenouille-à-queue côtière Frog, Northern Leopard (Lithobates pipiens) Western Boreal/Prairie populations Grenouille léopard populations des Prairies et de l’ouest de la zone boréale Frog, Northern Red-legged (Rana aurora) Grenouille à pattes rouges du Nord Salamander, Coeur d’Alene (Plethodon idahoensis) Salamandre de Cœur d’Alène Salamander, Wandering (Aneides vagrans) Salamandre errante Salamander, Western Tiger (Ambystoma mavortium) Prairie/Boreal population Salamandre tigrée de l’Ouest population boréale et des Prairies Toad, Great Plains (Anaxyrus cognatus) Crapaud des steppes Toad, Western (Anaxyrus boreas) Calling population Crapaud de l’Ouest population chantante Toad, Western (Anaxyrus boreas) Non-calling population Crapaud de l’Ouest population non-chantante Reptiles Boa, Northern Rubber (Charina bottae) Boa caoutchouc du Nord Bullsnake (Pituophis catenifer sayi) Couleuvre gaufre de Say Milksnake, Eastern (Lampropeltis triangulum) Couleuvre tachetée Racer, Western Yellow-bellied (Coluber constrictor mormon) Couleuvre agile à ventre jaune de l’Ouest Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Rattlesnake, Prairie (Crotalus viridis) Crotale des prairies Ribbonsnake, Eastern (Thamnophis sauritus) Great Lakes population Couleuvre mince population des Grands Lacs Skink, Five-lined (Plestiodon fasciatus) Great Lakes/St. Lawrence population Scinque pentaligne population des Grands Lacs et du Saint-Laurent Skink, Prairie (Plestiodon septentrionalis) Scinque des Prairies Skink, Western (Plestiodon skiltonianus) Scinque de l’Ouest Turtle, Eastern Musk (Sternotherus odoratus) Tortue musquée Turtle, Eastern Painted (Chrysemys picta picta) Tortue peinte de l’Est Turtle, Midland Painted (Chrysemys picta marginata) Tortue peinte du Centre Turtle, Northern Map (Graptemys geographica) Tortue géographique Turtle, Snapping (Chelydra serpentina) Tortue serpentine Turtle, Western Painted (Chrysemys picta bellii) Intermountain - Rocky Mountain population Tortue peinte de l’Ouest, population intramontagnarde - des Rocheuses Watersnake, Lake Erie (Nerodia sipedon insularum) Couleuvre d’eau du lac Érié Fish Buffalo, Bigmouth (Ictiobus cyprinellus) Saskatchewan – Nelson River populations Buffalo à grande bouche populations de la rivière Saskatchewan et du fleuve Nelson Darter, Channel (Percina copelandi) St. Lawrence populations Fouille-roche gris populations du Saint-Laurent Dolly Varden (Salvelinus malma malma) Western Arctic populations Dolly Varden populations de l’ouest de l’Arctique Killifish, Banded (Fundulus diaphanus) Newfoundland populations Fondule barré populations de Terre-Neuve Kiyi, Upper Great Lakes (Coregonus kiyi kiyi) Kiyi du secteur supérieur des Grands Lacs Lamprey, Northern Brook (Ichthyomyzon fossor) Great Lakes – Upper St. Lawrence populations Lamproie du Nord populations des Grands Lacs et du haut Saint-Laurent Lamprey, Silver (Ichthyomyzon unicuspis) Great Lakes – Upper St. Lawrence populations Lamproie argentée populations des Grands Lacs et du haut Saint-Laurent Minnow, Cutlip (Exoglossum maxillingua) Bec-de-lièvre Pickerel, Grass (Esox americanus vermiculatus) Brochet vermiculé Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Redhorse, River (Moxostoma carinatum) Chevalier de rivière Rockfish type I, Rougheye (Sebastes sp. type I) Sébaste à œil épineux du type I Rockfish type II, Rougheye (Sebastes sp. type II) Sébaste à œil épineux du type II Rockfish, Yelloweye (Sebastes ruberrimus) Pacific Ocean inside waters population Sébaste aux yeux jaunes population des eaux intérieures de l’océan Pacifique Rockfish, Yelloweye (Sebastes ruberrimus) Pacific Ocean outside waters population Sébaste aux yeux jaunes population des eaux extérieures de l’océan Pacifique Sculpin, Columbia (Cottus hubbsi) Chabot du Columbia Sculpin, Deepwater (Myoxocephalus thompsonii) Great Lakes - Western St. Lawrence populations Chabot de profondeur, populations des Grands Lacs Ouest du Saint-Laurent Sculpin, Rocky Mountain (Cottus sp.) Westslope populations Chabot des montagnes Rocheuses populations du versant ouest Sculpin, Shorthead (Cottus confusus) Chabot à tête courte Shark, Bluntnose Sixgill (Hexanchus griseus) Requin griset Shiner, Bridle (Notropis bifrenatus) Méné d’herbe Stickleback, Giant Threespine (Gasterosteus aculeatus) Épinoche à trois épines géante Stickleback, Unarmoured Threespine (Gasterosteus aculeatus) Épinoche à trois épines lisse Sturgeon, Green (Acipenser medirostris) Esturgeon vert Sturgeon, Lake (Acipenser fulvescens) Southern Hudson Bay – James Bay populations Esturgeon jaune populations du sud de la baie d’Hudson et de la baie James Sturgeon, Shortnose (Acipenser brevirostrum) Esturgeon à museau court Sucker, Mountain (Catostomus platyrhynchus) Pacific populations Meunier des montagnes populations du Pacifique Sucker, Spotted (Minytrema melanops) Meunier tacheté Sunfish, Northern (Lepomis peltastes) Great Lakes – Upper St. Lawrence populations Crapet du Nord populations des Grands Lacs et du haut Saint-Laurent Thornyhead, Longspine (Sebastolobus altivelis) Sébastolobe à longues épines Tope (Galeorhinus galeus) Milandre Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Topminnow, Blackstripe (Fundulus notatus) Fondule rayé Trout, Bull (Salvelinus confluentus) South Coast British Columbia populations Omble à tête plate populations de la côte sud de la Colombie-Britannique Trout, Bull (Salvelinus confluentus) Western Arctic populations Omble à tête plate populations de l’ouest de l’Arctique Trout, Westslope Cutthroat (Oncorhynchus clarkii lewisi) British Columbia population Truite fardée versant de l’ouest population de la Colombie-Britannique Warmouth (Lepomis gulosus) Crapet sac-à-lait Wolffish, Atlantic (Anarhichas lupus) Loup Atlantique Molluscs Floater, Brook (Alasmidonta varicosa) Alasmidonte renflée Jumping-slug, Warty (Hemphillia glandulosa) Limace-sauteuse glanduleuse Lampmussel, Wavy-rayed (Lampsilis fasciola) Lampsile fasciolée Lampmussel, Yellow (Lampsilis cariosa) Lampsile jaune Mantleslug, Magnum (Magnipelta mycophaga) Limace à grand manteau Mapleleaf (Quadrula quadrula) Great Lakes – Upper St. Lawrence population Mulette feuille d’érable population des Grands Lacs et du haut Saint-Laurent Mussel, Rocky Mountain Ridged (Gonidea angulata) Gonidée des Rocheuses Oyster, Olympia (Ostrea lurida) Huître plate du Pacifique Pondmussel, Eastern (Ligumia nasuta) Ligumie pointue Rainbow (Villosa iris) Villeuse irisée Slug, Haida Gwaii (Staala gwaii) Limace de Haida Gwaii Slug, Pygmy (Kootenaia burkei) Limace pygmée Slug, Sheathed (Zacoleus idahoensis) Limace gainée Vertigo, Threaded (Nearctula sp.) Vertigo à crêtes fines Arthropods Admiral, Weidemeyer’s (Limenitis weidemeyerii) Amiral de Weidemeyer Bumble Bee, Yellow-banded (Bombus terricola) Bourdon terricole Dancer, Vivid (Argia vivida) Agrion vif Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Grasshopper, Greenish-white (Hypochlora alba) Criquet de l’armoise Grasshopper, Magdalen Islands (Melanoplus madeleineae) Criquet des Îles-de-la-Madeleine Lady Beetle, Transverse (Coccinella transversoguttata) Coccinelle à bandes transverses Leafhopper, Red-tailed (Aflexia rubranura) Great Lakes Plains population Cicadelle à queue rouge population des plaines des Grands Lacs Leafhopper, Red-tailed (Aflexia rubranura) Prairie population Cicadelle à queue rouge population des Prairies Metalmark, Mormon (Apodemia mormo) Prairie population Mormon population des Prairies Monarch (Danaus plexippus) Monarque Moth, Pale Yellow Dune (Copablepharon grandis) Noctuelle jaune pâle des dunes Snaketail, Pygmy (Ophiogomphus howei) Ophiogomphe de Howe Spider, Georgia Basin Bog (Gnaphosa snohomish) Gnaphose de Snohomish Tachinid Fly, Dune (Germaria angustata) Mouche tachinide des dunes Plants Ash, Blue (Fraxinus quadrangulata) Frêne bleu Aster, Anticosti (Symphyotrichum anticostense) Aster d’Anticosti Aster, Crooked-stem (Symphyotrichum prenanthoides) Aster fausse-prenanthe Aster, Nahanni (Symphyotrichum nahanniense) Aster de la Nahanni Aster, White-top (Sericocarpus rigidus) Aster rigide Beggarticks, Vancouver Island (Bidens amplissima) Grand bident Blue Flag, Western (Iris missouriensis) Iris du Missouri Buffalograss (Bouteloua dactyloides) Buchloé faux-dactyle Bulrush, Long’s (Scirpus longii) Scirpe de Long Fern, American Hart’s-tongue (Asplenium scolopendrium var. americanum) Scolopendre d’Amérique Fern, Coastal Wood (Dryopteris arguta) Dryoptéride côtière Goldencrest (Lophiola aurea) Lophiolie dorée Goldenrod, Houghton’s (Solidago houghtonii) Verge d’or de Houghton Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Goldenrod, Riddell’s (Solidago riddellii) Verge d’or de Riddell Hairgrass, Mackenzie (Deschampsia mackenzieana) Deschampsie du bassin du Mackenzie Hoptree, Common (Ptelea trifoliata) Ptéléa trifolié Indian-plantain, Tuberous (Arnoglossum plantagineum) Arnoglosse plantain Iris, Dwarf Lake (Iris lacustris) Iris lacustre Lilaeopsis, Eastern (Lilaeopsis chinensis) Liléopsis de l’Est Lily, Lyall’s Mariposa (Calochortus lyallii) Calochorte de Lyall Milk-vetch, Fernald’s (Astragalus robbinsii var. fernaldii) Astragale de Fernald Pennywort, Water (Hydrocotyle umbellata) Hydrocotyle à ombelle Pinweed, Beach (Lechea maritima) Léchéa maritime Podistera, Yukon (Podistera yukonensis) Podistère du Yukon Pondweed, Hill’s (Potamogeton hillii) Potamot de Hill Prairie-clover, Hairy (Dalea villosa) Dalée velue Quillwort, Prototype (Isoetes prototypus) Isoète prototype Redroot (Lachnanthes caroliniana) Lachnanthe de Caroline Rose, Climbing Prairie (Rosa setigera) Rosier sétigère Rose-mallow, Swamp (Hibiscus moscheutos) Ketmie des marais Rush, New Jersey (Juncus caesariensis) Jonc du New Jersey Saxifrage, Spiked (Micranthes spicata) Saxifrage à épis Sedge, Baikal (Carex sabulosa) Carex des sables Spike-rush, Tubercled (Eleocharis tuberculosa) Éléocharide tuberculée Tansy, Floccose (Tanacetum huronense var. floccosum) Tanaisie floconneuse Thistle, Pitcher’s (Cirsium pitcheri) Chardon de Pitcher Thrift, Athabasca (Armeria maritima ssp. interior) Arméria de l’Athabasca Water-hemlock, Victorin’s (Cicuta maculata var. victorinii) Cicutaire de Victorin Wild Buckwheat, Yukon (Eriogonum flavum var. aquilinum) Ériogone du Nord Willow, Blanket-leaved (Salix silicicola) Saule silicicole Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk Willow, Sand-dune Short-capsuled (Salix brachycarpa var. psammophila) Saule psammophile Willow, Turnor’s (Salix turnorii) Saule de Turnor Woolly-heads, Dwarf (Psilocarphus brevissimus) Prairie population Psilocarphe nain, population des Prairies Yarrow, Large-headed Woolly (Achillea millefolium var. megacephala) Achillée à gros capitules Mosses Cord-moss, Banded (Entosthodon fascicularis) Entosthodon fasciculé Moss, Columbian Carpet (Bryoerythrophyllum columbianum) Érythrophylle du Columbia Moss, Twisted Oak (Syntrichia laevipila) Tortule à poils lisses Tassel, Tiny (Crossidium seriatum) Petit pompon Lichens Glass-whiskers, Frosted (Sclerophora peronella) Atlantic population Sclérophore givré population de l’Atlantique Jellyskin, Flooded (Leptogium rivulare) Leptoge des terrains inondés Lichen, Blue Felt (Degelia plumbea) Dégélie plombée Lichen, Boreal Felt (Erioderma pedicallatum) Boreal population Érioderme boréal population boréale Lichen, Cryptic Paw (Nephroma occultum) Néphrome cryptique Lichen, Golden-eye (Teloschistes chrysophthalmus) Prairie / Boreal population Téloschiste ocellé, population boréale et des Prairies Lichen, Oldgrowth Specklebelly (Pseudocyphellaria rainierensis) Pseudocyphellie des forêts surannées Lichen, Peacock Vinyl (Leptogium polycarpum) Leptoge à quatre spores Mountain Crab-eye (Acroscyphus sphaerophoroides) Acroscyphe des montagnes Waterfan, Western (Peltigera gowardii) Peltigère éventail d’eau de l’Ouest 2002, c. 29, Sch. 1; SOR/2005-14, ss. 1 to 53; SOR/2005-224, ss. 1 to 32; SOR/2006-60, ss. 1, 2; SOR/2006-189, ss. 1 to 22, 23(F), 24 to 26; SOR/2007-284; SOR/2009-86; SOR/ 2010-32, 33; SOR/2011-8, 128, 233; SOR/2012-133; SOR/2013-34; SOR/2014-274; SOR/ 2017-10, 59, 112, 130, 229; SOR/2018-10, 112; SOR/2019-52, s. 1; SOR/2019-52, s. 2; SOR/2019-52, s. 3; SOR/2019-52, s. 4; SOR/2019-52, s. 5; SOR/2019-52, s. 6; SOR/ 2019-52, s. 7; SOR/2019-52, s. 8; SOR/2019-52, s. 9; SOR/2019-52, s. 10; SOR/2019-52, s. 11; SOR/2019-52, s. 12; SOR/2019-52, s. 13; SOR/2019-52, s. 14; SOR/2019-52, s. 15; SOR/2019-52, s. 16; SOR/2019-52, s. 17; SOR/2019-52, s. 18; SOR/2019-52, s. 19; SOR/ 2019-52, s. 20; SOR/2019-52, s. 21; SOR/2019-52, s. 22; SOR/2019-145, s. 1; SOR/ 2019-145, s. 2; SOR/2019-145, s. 3; SOR/2019-145, s. 4; SOR/2019-145, s. 5; SOR/ 2019-145, s. 6; SOR/2019-287, s. 1; SOR/2019-287, s. 2; SOR/2019-287, s. 3; SOR/ 2019-287, s. 4; SOR/2019-287, s. 5; SOR/2019-287, s. 6; SOR/2019-287, s. 7; SOR/ 2019-287, s. 8; SOR/2019-287, s. 9; SOR/2019-287, s. 10; SOR/2019-287, s. 11; SOR/ Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 1 List of Wildlife Species at Risk 2019-287, s. 12; SOR/2020-219, s. 1; SOR/2020-219, s. 2; SOR/2021-87, s. 1; SOR/ 2021-87, s. 2; SOR/2021-87, s. 3; SOR/2021-87, s. 4; SOR/2021-87, s. 5; SOR/2021-87, s. 6; SOR/2021-87, s. 7; SOR/2021-87, s. 8; SOR/2021-87, s. 9; SOR/2021-87, s. 10; SOR/ 2021-87, s. 11; SOR/2021-87, s. 12; SOR/2021-87, s. 13; SOR/2021-87, s. 14; SOR/ 2021-205, s. 1; SOR/2021-205, s. 2; SOR/2021-205, s. 3; SOR/2021-205, s. 4; SOR/ 2021-205, s. 5; SOR/2021-205, s. 6; SOR/2021-205, s. 7; SOR/2021-205, s. 8; SOR/ 2021-205, s. 9; SOR/2021-205, s. 10; SOR/2021-205, s. 11; SOR/2021-205, s. 12; SOR/ 2021-205, s. 13; SOR/2021-205, s. 14; SOR/2021-205, s. 15; SOR/2021-205, s. 16; SOR/ 2021-205, s. 17; SOR/2022-14, s. 1; SOR/2022-14, s. 2; SOR/2022-14, s. 3; SOR/2022-14, s. 4; SOR/2022-14, s. 5; SOR/2022-14, s. 6; SOR/2022-14, s. 7; SOR/2022-14, s. 8; SOR/ 2022-14, s. 9; SOR/2022-14, s. 10; SOR/2022-14, s. 11; SOR/2022-14, s. 12; SOR/2022-14, s. 13(F); SOR/2022-14, s. 14(F); SOR/2022-14, s. 15; SOR/2022-14, s. 16; SOR/2022-14, s. 17; SOR/2022-14, s. 18; SOR/2022-14, s. 19; SOR/2022-14, s. 20; SOR/2022-14, s. 21; SOR/2022-14, s. 22; SOR/2022-14, s. 23; SOR/2022-14, s. 24; SOR/2022-14, s. 25; SOR/ 2022-14, s. 26; SOR/2022-14, s. 27; SOR/2022-14, s. 28; SOR/2022-14, s. 29; SOR/ 2022-14, s. 30; SOR/2022-14, s. 31; SOR/2022-14, s. 32; SOR/2022-14, s. 33; SOR/ 2022-14, s. 34; SOR/2022-14, s. 35; SOR/2022-14, s. 36; SOR/2022-14, s. 37; SOR/ 2022-14, s. 38; SOR/2022-14, s. 39; SOR/2022-14, s. 40; SOR/2022-14, s. 41; SOR/ 2022-14, s. 42. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 2 SCHEDULE 2 (Section 130) PART 1 Endangered Species Mammals Whale, Beluga (Delphinapterus leucas) Ungava Bay population Béluga population de la baie d’Ungava Whale, Beluga (Delphinapterus leucas) Southeast Baffin Island - Cumberland Sound population Béluga population du sud-est de l’île de Baffin et de la baie Cumberland Whale, Bowhead (Balaena mysticetus) Eastern Arctic population Baleine boréale population de l’Arctique de l’Est Whale, Bowhead (Balaena mysticetus) Western Arctic population Baleine boréale population de l’Arctique de l’Ouest Birds Reptiles Snake, Lake Erie Water (Nerodia sipedon insularum) Couleuvre d’eau du lac Érié Fish PART 2 Threatened Species Mammals Porpoise, Harbour (Phocoena phocoena) Northwest Atlantic population Marsouin commun population du Nord-Ouest de l’Atlantique Whale, Beluga (Delphinapterus leucas) Eastern Hudson Bay population Béluga population de l’est de la baie d’Hudson Birds Reptiles Fish Cisco, Blackfin (Coregonus nigripinnis) Cisco à nageoires noires Cisco, Shortjaw (Coregonus zenithicus) Cisco à mâchoires égales Cisco, Shortnose (Coregonus reighardi) Cisco à museau court Redhorse, Black (Moxostoma duquesnei) Chevalier noir Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 2 Redhorse, Copper (Moxostoma hubbsi) Chevalier cuivré Sculpin, Deepwater (Myoxocephalus thompsoni) Great Lakes population Chabot de profondeur des Grands Lacs population des Grands Lacs Plants 2002, c. 29, Sch. 2; SOR/2005-14, ss. 54 to 60; SOR/2005-224, ss. 33 to 36; SOR/2006-60, s. 3; SOR/2006-189, ss. 27 to 29. Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 3 Special Concern SCHEDULE 3 (Section 130) Special Concern Mammals Bat, Fringed (Myotis thysanodes) Chauve-souris à queue frangée Bat, Keen’s Long-eared (Myotis keenii) Chauve-souris de Keen Cottontail, Nuttall’s (Sylvilagus nuttallii nuttallii) British Columbia population Lapin de Nuttall population de la Colombie-Britannique Kangaroo Rat, Ord’s (Dipodomys ordii) Rat kangourou d’Ord Mouse, Western Harvest (Reithrodontomys megalotis megalotis) British Columbia population Souris des moissons population de la Colombie-Britannique Seal, Harbour (Phoca vitulina mellonae) Lacs des Loups Marins landlocked population Phoque commun population confinée aux lacs des Loups Marins Shrew, Gaspé (Sorex gaspensis) Musaraigne de Gaspé Squirrel, Southern Flying (Glaucomys volans) Petit polatouche Whale, Beluga (Delphinapterus leucas) Eastern High Arctic/Baffin Bay population Béluga population de l’Est du haut Arctique et de la baie de Baffin Whale, Sowerby’s Beaked (Mesoplodon bidens) Baleine à bec de Sowerby Birds Falcon, Tundra Peregrine (Falco peregrinus tundrius) Faucon pèlerin, toundra Hawk, Ferruginous (Buteo regalis) Buse rouilleuse Hawk, Red-shouldered (Buteo lineatus) Buse à épaulettes Heron, Pacific Great Blue (Ardea herodias fannini) Grand héron population de la côte du Pacifique Owl, Short-eared (Asio flammeus) Hibou des marais Thrush, Bicknell’s (Catharus bicknelli) Grive de Bicknell Waterthrush, Louisiana (Seiurus motacilla) Paruline hochequeue Woodpecker, Red-headed (Melanerpes erythrocephalus) Pic à tête rouge Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 3 Special Concern Amphibians Reptiles Lizard, Eastern Short-horned (Phrynosoma douglassii brevirostre) Phrynosome de Douglas de l’Est Skink, Five-lined (Eumeces fasciatus) Scinque pentaligne Turtle, Wood (Clemmys insculpta) Tortue des bois Fish Buffalo, Bigmouth (Ictiobus cyprinellus) Buffalo à grande bouche Buffalo, Black (Ictiobus niger) Buffalo noir Cisco, Spring (Coregonus sp.) Cisco de printemps Cod, Atlantic (Gadus morhua) Morue franche Dace, Redside (Clinostomus elongatus) Méné long Dace, Umatilla (Rhinichthys umatilla) Naseux d’Umatilla Darter, Greenside (Etheostoma blennioides) Dard vert Kiyi (Coregonus kiyi) Kiyi Lamprey, Chestnut (Ichthyomyzon castaneus) Lamproie brune Lamprey, Northern Brook (Ichthyomyzon fossor) Lamproie du Nord Redhorse, River (Moxostoma carinatum) Chevalier de rivière Sculpin, Fourhorn (Myoxocephalus quadricornis) Freshwater form Chaboisseau à quatre cornes forme d’eau douce Shiner, Bigmouth (Notropis dorsalis) Méné à grande bouche Shiner, Silver (Notropis photogenis) Méné miroir Stickleback, Charlotte Unarmoured (Gasterosteus aculeatus) Épinoche lisse des îles de la Reine-Charlotte Stickleback, Giant (Gasterosteus sp.) Épinoche géante Sturgeon, Shortnose (Acipenser brevirostrum) Esturgeon à museau court Sunfish, Orangespotted (Lepomis humilis) Crapet menu Sunfish, Redbreast (Lepomis auritus) Crapet rouge Whitefish, Squanga (Coregonus sp.) Corégone du Squanga Current to June 20, 2022 Last amended on February 3, 2022 Species at Risk SCHEDULE 3 Special Concern Plants Aster, Bathurst (Symphyotrichum subulatum) Bathurst population Aster subulé population de Bathurst Bulrush, Long’s (Scirpus longii) Scirpe de Long Columbo, American (Frasera caroliniensis) Frasère de Caroline Fern, Broad Beech (Phegopteris hexagonoptera) Phégoptéride à hexagones Fleabane, Provancher’s (Erigeron philadelphicus ssp. provancheri) Vergerette de Provancher Goosefoot, Smooth (Chenopodium subglabrum) Chénopode glabre Green Dragon (Arisaema dracontium) Arisème dragon Helleborine, Giant (Epipactis gigantea) Épipactis géant Locoweed, Hare-footed (Oxytropis lagopus) Oxytrope patte-de-lièvre Oak, Shumard (Quercus shumardii) Chêne de Shumard Quillwort, Bolander’s (Isoëtes bolanderi) Isoète de Bolander Lichens Cryptic Paw (Nephroma occultum) Lichen cryptique Oldgrowth Specklebelly (Pseudocyphellaria rainierensis) Pseudocyphellie des forêts surannées Seaside Bone (Hypogymnia heterophylla) Hypogymnie maritime 2002, c. 29, Sch. 3; SOR/2005-14, ss. 61 to 65; SOR/2005-224, ss. 37 to 40; SOR/2006-60, s. 4; SOR/2006-189, ss. 30 to 35. Current to June 20, 2022 Last amended on February 3, 2022

CONSOLIDATION Seals Act R.S.C., 1985, c. S-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 to make provision for the sealing of royal instruments 1 Short title Definitions Issue of royal instruments Orders and regulations Current to June 20, 2022 ii R.S.C., 1985, c. S-6 An Act to make provision for the sealing of royal instruments Short title 1 This Act may be cited as the Seals Act. R.S., c. S-6, s. 1. Definitions 2 In this Act, counter-signature means the endorsement on a royal instrument or on a document under the sign-manual of the signature of Her Majesty’s responsible Canadian minister; (contreseing) document under the sign-manual means an instrument, in respect of Canada, that, under the present practice, is issued in the name and under the signature of Her Majesty the Queen without any seal; (document revêtu du seing royal) Great Seal of the Realm means the Great Seal of the United Kingdom of Great Britain and Northern Ireland for which provision was made in Article XXIV of An Act for an Union of the two Kingdoms of England and Scotland, 5 Anne, 1706, chapter VIII [Statutes at Large, Volume IV], and includes the wafer seal; (grand sceau du Royaume) royal instrument means an instrument, in respect of Canada, that, under the present practice, is issued by and in the name of the Queen and passed under the Great Seal of the Realm or under one of the signets; (instrument royal) royal seals include the Great Seal of Canada and any other seals or signets that may, with the approval of Her Majesty the Queen, be authorized under this Act; (sceaux royaux) signet means the seal that, under the existing practice in the United Kingdom, is delivered by Her Majesty the Queen to each of her Principal Secretaries of State in the Current to June 20, 2022 Seals Sections 2-4 United Kingdom, and includes the lesser signet or second secretarial seal and the cachet. (signet) R.S., c. S-6, s. 2. Issue of royal instruments 3 Notwithstanding any law in force in Canada, any royal instrument may be issued by and with the authority of Her Majesty the Queen and passed under the Great Seal of Canada, or under any other royal seal approved by Her Majesty the Queen for the purpose. R.S., c. S-6, s. 3. Orders and regulations 4 Notwithstanding any law in force in Canada, the Governor in Council may, subject to the approval of Her Majesty the Queen, make orders and regulations relating to royal seals, the use thereof, royal instruments and documents under the sign-manual, and, without restricting the generality of the foregoing, in relation to the following matters: (a) the specification of the instruments or classes of instruments that are to be passed under the royal seals; (b) the authorization of royal seals, the naming of those seals and the specification of the purposes for which they are to be used; (c) the custody of the royal seals; (d) the procedure governing the use of the royal seals; (e) counter-signature of royal instruments; (f) the issuing and counter-signature of documents under the sign-manual; (g) the procedure whereby the approval of Her Majesty the Queen and her authority for the issuing of royal instruments and documents under the signmanual is to be given; and (h) the authentication and proof of royal instruments and documents under the sign-manual, including the conditions under which certification by an official, or publication by the Queen’s Printer, constitutes authentication and proof. R.S., c. S-6, s. 4. Current to June 20, 2022

CONSOLIDATION Songhees Indian Reserve Act S.C. 1911, 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 respecting the Songhees Indian Reserve 1 Confirmation of agreement for sale of Songhees Indian Reserve SCHEDULE Current to June 20, 2022 ii S.C. 1911, c. 24 An Act respecting the Songhees Indian Reserve [Assented to 19th May 1911] His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: — Confirmation of agreement for sale of Songhees Indian Reserve 1 The agreement for the sale of the Songhees Indian Reserve contained in the schedule to this Act is hereby confirmed and, notwithstanding anything in The Indian Act, the whole of the amount payable to each head of an Indian family under the terms of the said agreement may be paid in the manner therein provided. Current to June 20, 2022 Songhees Indian Reserve SCHEDULE SCHEDULE MEMORANDUM OF AGREEMENT made (in duplicate) between The Government of the Dominion of Canada, represented by the Honourable Frank Oliver, Superintendent General of Indian Affairs of Canada: and The Government of the Province of British Columbia, represented by the Honourable William Roderick Ross, Minister of Lands for the Province of British Columbia: Witnesseth that it has been agreed between the parties hereto as follows: — 1: That the Songhees Indian Reserve, in the city of Victoria, in the Province of British Columbia, shall be conveyed or transferred to the Government of the Province of British Columbia for the consideration hereinafter mentioned as soon as the Songhees Band of Indians have surrendered the same under the provisions of the “Indian Act” and as soon as the necessary legislation has been obtained from the Parliament of Canada confirming this agreement. 2: That the Government of the Province of British Columbia will, in consideration of such conveyance or transfer: — (1) Deposit in the Canadian Bank of Commerce in the city of Victoria the sum of ten thousand dollars ($10,000.00) to the credit and in the name of each head of a family of the said Songhees Band of Indians as set forth in the census of the said Band made November 21st to 25th, 1910, by Inspector Ditchburn, and any additional bona fide heads of families existing at the date of payment as the names of such heads of families are certified by the Superintendent General to the Minister of Lands, and will furnish the Superintendent General with the said Bank’s receipt for each deposit countersigned by the Indian to whose credit such deposit has been made: (2) Deposit the value of each Indian’s improvements to his or her credit in the said Bank; and when the value of the schoolhouse, now used by the Indians as a church, the water pipe, and any other Band improvements, is ascertained, will divide it equally among the heads of families and deposit the same to the credit of the respective heads, furnishing the Bank’s receipt for each deposit as above. In case an agreement cannot be arrived at with respect to the value of such improvements, school-house and water pipe, the value shall be settled by arbitration, the Superintendent General and the Minister of Lands each to appoint an arbitrator and the two arbitrators so appointed to appoint a third arbitrator, and the decision of such arbitrators, or any two of them, to be final and conclusive: (3) Convey in fee simple to His Majesty the King, represented by the Superintendent General, a piece or parcel of land at Esquimalt, being all that piece or parcel of land situate in and being part of Section two, Esquimalt District, Vancouver Island, and now known as Section 2A, and being more particularly described as follows: — Commencing at a post planted at high water mark on the northerly shore of Constance Cove, Esquimalt Harbour; thence in a direction north thirty-six degrees and twenty-eight minutes east, Magnetic (N. 36° 28′ E. Mag.) a distance of eighty chains and ninety links (80.90.) more or less, to an intersection with the southerly boundary Current to June 20, 2022 Songhees Indian Reserve SCHEDULE of the Craigflower Road; thence westerly along said southerly boundary to an intersection with the easterly boundary of the Admiral’s Road; thence southerly following said easterly boundary to an intersection with the east boundary of the Esquimalt Indian Reserve; thence following the said east boundary of the reserve to its southeast corner; thence at right angles and westerly along the south boundary of the Indian reserve to its southwest corner on the shore of Esquimalt Harbour; thence following the shore line of the Harbour westerly, southerly and easterly to point of commencement, the whole containing by admeasurement one hundred and sixtythree and forty-two hundredths acres, more or less, and more particularly shown on the annexed tracing and thereon coloured red save and excepting that portion of the right of way (passing through Section 2A) conveyed to the Esquimalt and Nanaimo Railway Company by deed dated July 4, 1905, and registered in the Land Registry Office at Victoria in absolute fees book Vol. 22, Folio 385, No. 115080, and deposited in said office under No. 167: Together with all mines royal and all mines and minerals and all rights, members and appurtenances whatsoever to the said hereditaments belonging, and all the estate, right, title and property whatsoever of the said Vendor in, to, and out of the said premises. (4) Remove the dead, together with all monuments and tombstones from the said Songhees reserve in the city of Victoria to the new reserve at Esquimalt, and there re-inter and replace them in a manner satisfactory to the Superintendent General, the whole at the cost of the Government of British Columbia. In witness whereof the parties have hereunto affixed and set their hands and seals of office this 31st day of March, A.D., One thousand nine hundred and eleven. Signed, sealed and delivered by the Honourable Frank Oliver in the presence of: FRANK OLIVER (Seal.) Superintendent General of Indian Affairs. FRANK PEDLEY Signed, sealed and delivered by the Honourable William R. Ross in the presence of: WM. R. ROSS (Seal.) Minister of Lands. R. F. CHILD Current to June 20, 2022

CONSOLIDATION Safe Food for Canadians Act S.C. 2012, c. 24 Current to June 20, 2022 Last amended on June 17, 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 17, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 17, 2019 TABLE OF PROVISIONS An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Act binding on Her Majesty Prohibitions 4 Importing Recall order — Canadian Food Inspection Agency Act Deception, erroneous impression, etc. Tampering Threats Communicating false or misleading information Sending, conveying, importing or exporting in accordance with regulations Selling, advertising or possessing Possession of commodity that meets requirements of regulations Conduct of prescribed activity in accordance with the regulations Use of inspection mark or grade name False or misleading information Obstruction Current to June 20, 2022 Last amended on June 17, 2019 ii Safe Food for Canadians TABLE OF PROVISIONS Falsifying or altering, etc., required documents Possessing or using documents that resemble official documents Personal use Registrations and Licences 20 Persons Establishments Amendment, suspension, cancellation and renewal Administration and Enforcement Certificate 23 Certificate to be produced Inspection 24 Authority to enter a place Seizure Dwelling-house Production of documents, information or samples Dealing with Seized Things 28 Removing, altering and interfering Powers of inspector Release of seized thing Application for return Other Measures 32 Removal or destruction of unlawful imports Injunction Forfeiture 34 Unclaimed seized things Consent — seized thing Violation or offence Forfeiture on application of inspector Analysis 38 Analysis and examination Offences 39 Offences Continuing offence Limitation period Current to June 20, 2022 Last amended on June 17, 2019 iv Safe Food for Canadians TABLE OF PROVISIONS Venue Admissibility of documents as evidence Proof — person Proof — establishment General Disclosure of Information 46 Disclosure to public Disclosure — risk or recall Export Certificates 48 Export certificates Samples 49 Disposition of samples Intellectual Property 50 Inspection marks and grade names Regulations 51 Governor in Council Incorporation by Reference 52 Incorporation by reference Accessibility Defence No registration or publication Interim Orders 56 Interim orders Costs 57 Recovery Limitation on Liability 58 Her Majesty not liable No liability Review 68 Review Transitional Provisions 69 Definitions Chairperson Other members Pending proceedings Current to June 20, 2022 Last amended on June 17, 2019 v Safe Food for Canadians TABLE OF PROVISIONS Licences, permits, registrations and authorizations Seized things Regulations Repeals Related and Consequential Amendments Competition Act Consumer Packaging and Labelling Act Federal Courts Act Feeds Act Fertilizers Act Seeds Act Customs Act Health of Animals Act Plant Protection Act Contraventions Act Agriculture and Agri-Food Administrative Monetary Penalties Act Canadian Food Inspection Agency Act Pest Control Products Act Canada Border Services Agency Act Coordinating Amendments Coming into Force *111 Order in council Current to June 20, 2022 Last amended on June 17, 2019 v S.C. 2012, c. 24 An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed [Assented to 22nd November 2012] 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 Safe Food for Canadians Act. Interpretation Definitions 2 The following definitions apply in this Act. advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a food commodity. (publicité) Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence) Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Interpretation Section 2 analyst means a person designated as an analyst under subsection 13(3) of the Canadian Food Inspection Agency Act for the purposes of this Act. (analyste) conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container. (véhicule) document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document) establishment means any place, including a conveyance, where a food commodity is manufactured, prepared, stored, packaged or labelled. (établissement) food commodity means (a) any food as defined in section 2 of the Food and Drugs Act; (b) any animal or plant, or any of its parts, from which food referred to in paragraph (a) may be derived; or (c) anything prescribed to be a food commodity. (produit alimentaire) grade name means a prescribed name, mark or designation of a food commodity. (nom de catégorie) inspection mark means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things. (sceau d’inspection) inspector means a person designated under subsection 13(3) of the Canadian Food Inspection Agency Act or paragraph 9(2)(b) of the Canada Border Services Agency Act as an inspector for the purposes of this Act. (inspecteur) item to which this Act applies means (a) a food commodity; (b) anything used in an activity regulated under this Act; and (c) a document that is related to a food commodity or to any activity regulated under this Act. (chose visée par la présente loi) label includes a legend, word or mark that is or is to be applied or attached to or included in, or that accompanies or is to accompany, a food commodity or a package. (étiquette) Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Interpretation Sections 2-3 Minister means the Minister of Agriculture and AgriFood. (ministre) package means an inner or outer receptacle or covering used or to be used in connection with a food commodity and includes a wrapper or confining band. (emballage) person has the same meaning as in section 2 of the Criminal Code. (personne) personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels) prepare, in respect of a food commodity, includes to process, treat, preserve, handle, test, grade, code or slaughter it or to do any other activity in respect of it that is prescribed. (conditionnement) prescribed means prescribed by the regulations. (Version anglaise seulement) sell includes agree to sell, offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons whether or not the distribution is made for consideration. (vente) Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (Commission) violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act: (a) any contravention of any provision of this Act or of a regulation made under this Act; and (b) any refusal or neglect to perform any duty imposed by or under this Act. (violation) 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 17, 2019 Safe Food for Canadians Prohibitions Sections 4-8 Prohibitions Importing 4 It is prohibited for a person to import a food commodity the selling of which is prohibited under section 4 of the Food and Drugs Act. Recall order — Canadian Food Inspection Agency Act 5 It is prohibited for a person to sell a food commodity that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act. Deception, erroneous impression, etc. 6 (1) It is prohibited for a person to manufacture, prepare, package, label, sell, import or advertise a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, quality, value, quantity, composition, merit, safety or origin or the method of its manufacture or preparation. Labelled or packaged contrary to regulations (2) A food commodity that is labelled or packaged in contravention of a provision of the regulations is considered, for the purposes of this section, to be labelled or packaged in contravention of subsection (1). Advertised contrary to regulations (3) A food commodity that is advertised in contravention of a provision of the regulations is considered, for the purposes of this section, to be advertised in contravention of subsection (1). Tampering 7 It is prohibited for a person to tamper with any food commodity, its label or its package with intent to (a) render the food commodity injurious to human health; or (b) cause a reasonable apprehension in others that the food commodity is injurious to human health. Threats 8 It is prohibited for a person to threaten to render a food commodity injurious to human health. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Prohibitions Sections 9-13 Communicating false or misleading information 9 It is prohibited for a person to communicate information, knowing that information to be false or misleading or being reckless as to whether it is false or misleading, with intent to cause a reasonable apprehension in others that a food commodity was tampered with in order to render it injurious to human health. Sending, conveying, importing or exporting in accordance with regulations 10 (1) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person does so in accordance with the regulations. Sending, conveying, importing or exporting with licence or registration (2) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the person is authorized to do so by a registration made under paragraph 20(1)(a), by a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations. Sending, conveying, importing or exporting of commodity that meets requirements of regulations (3) It is prohibited for a person to send or convey from one province to another — or to import or export — a prescribed food commodity unless the food commodity meets the requirements of the regulations. Selling, advertising or possessing 11 It is prohibited for a person to sell, advertise or have in their possession a food commodity that has been sent or conveyed from one province to another, or imported, in contravention of any provision of this Act or the regulations. Possession of commodity that meets requirements of regulations 12 It is prohibited for a person to have in their possession for the purpose of sending or conveying from one province to another — or for the purpose of exporting — a prescribed food commodity, unless it meets the requirements of the regulations. Conduct of prescribed activity in accordance with the regulations 13 (1) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Prohibitions Sections 13-15 commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in accordance with the regulations. Conduct of prescribed activity with licence or registration (2) It is prohibited for a person to conduct a prescribed activity in respect of a prescribed food commodity that has been imported — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to conduct that activity by a registration made under paragraph 20(1)(b), a licence issued under that paragraph or by both such a registration and licence, as provided for in the regulations. Use of inspection mark or grade name 14 (1) Unless authorized by the regulations, it is prohibited for a person to (a) apply or use an inspection mark or grade name; or (b) advertise or sell anything if the thing has an inspection mark or grade name on it, or an inspection mark or grade name is used in connection with the thing. Use of similar mark or name (2) It is prohibited for a person to (a) apply or use a thing that so resembles an inspection mark or grade name that it is likely to be mistaken for it; or (b) advertise or sell anything that has on it a thing referred to in paragraph (a) or that has a thing referred to in that paragraph used in connection with it. Presumption (3) A person found in possession of anything referred to in paragraph (1)(b) or (2)(b) is considered, in the absence of evidence to the contrary, to be in possession of it for the purpose of advertising or selling. False or misleading information 15 It is prohibited for a person to make a false or misleading statement to any person who is exercising powers or performing duties or functions under this Act — or to provide him or her with false or misleading information — in connection with any matter under any provision of this Act or the regulations, including in respect of an application for a licence or registration. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Prohibitions Sections 16-20 Obstruction 16 It is prohibited for a person to obstruct or hinder a person who is exercising powers or performing duties or functions under this Act. Falsifying or altering, etc., required documents 17 (1) It is prohibited for a person to alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide. Altering, possessing, etc., official documents (2) It is prohibited for a person to (a) alter a document issued or made — or in any manner given — under this Act; or (b) have in their possession, or use, a document issued or made — or in any manner given — under this Act that has been altered. Possessing or using documents that resemble official documents 18 It is prohibited for a person to have in their possession, or use, any document that has not been issued or made — or in any manner given — under this Act if the document so resembles a document issued or made — or in any manner given — under this Act that it is likely to be mistaken for such a document. Personal use 19 Subject to the regulations, a provision of this Act or the regulations that prohibits an activity — or that requires the doing of an activity — does not apply to a person who is carrying out the activity solely for personal use. Registrations and Licences Persons 20 (1) The Minister may, on application, (a) register a person, or issue a licence to a person, authorizing them to send or convey from one province to another, or to import or export, a prescribed food commodity, or both register a person and issue them a licence; and (b) register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Registrations and Licences Sections 20-21 respect of a prescribed food commodity that has been imported or that is to be exported or to be sent or conveyed from one province to another, or both register a person and issue them a licence. Conditions — regulations (2) The registration and the licence are subject to the prescribed conditions. Conditions — Minister (3) The Minister may make a registration or licence subject to any additional conditions that the Minister considers appropriate. Obligation to comply (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject. No transfer (5) The registration or licence is not transferable. Establishments 21 (1) The Minister may, on application, register an establishment as one where (a) an imported prescribed food commodity is to be sent or conveyed, in its imported condition, for the purposes of the exercise of an inspector’s powers under this Act in respect of that food commodity; or (b) a prescribed activity in respect of a prescribed food commodity that has been imported or is to be exported or to be sent or conveyed from one province to another may be exercised. Holder (2) The applicant in respect of an establishment is the holder of the registration. Conditions — regulations (3) The registration is subject to the prescribed conditions. Conditions — Minister (4) The Minister may make a registration subject to any additional conditions that the Minister considers appropriate. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Registrations and Licences Sections 21-24 Obligation to comply (5) The holder of the registration must comply with all the conditions to which the registration is subject. No transfer (6) The registration is not transferable. Application of Act (7) If an establishment is registered, it and all food commodities in it are subject to this Act. Amendment, suspension, cancellation and renewal 22 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 20(1) or 21(1) or a licence issued under subsection 20(1). Administration and Enforcement Certificate Certificate to be produced 23 Each inspector is to be given a certificate in a form established by the President of the Agency or the President of the Canada Border Services Agency, as the case may be, attesting to the inspector’s designation and, on entering a place under subsection 24(1), the inspector must, on request, produce the certificate to the person in charge of that place. Inspection Authority to enter a place 24 (1) Subject to subsection 26(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies is located. Powers (2) The inspector may, for the purpose referred to in subsection (1), (a) examine or test, or take samples of, anything that is in the place; Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Inspection Section 24 (b) open a package that is in the place; (c) examine a document that is in the place, make copies of it or take extracts from it; (d) order the owner or person having possession, care or control of an item to which this Act applies that is in the place to move it or, for any time that may be necessary, not to move it or to restrict its movement; (e) use or cause to be used a computer or other device that is in the place to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying; (f) use or cause to be used copying equipment that is in the place and remove the copies for examination; (g) take photographs or make recordings or sketches; (h) order any person in the place to establish their identity to the inspector’s satisfaction; (i) order any person who, in the place, conducts an activity regulated under this Act to stop or start the activity; (j) prohibit or limit access to all or part of the place or to anything that is in the place; and (k) remove anything from the place for the purpose of examination, conducting tests or taking samples. Stopping or moving conveyance (3) For the purpose of entering a conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it. Persons accompanying inspector (4) 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 (5) An inspector and any person accompanying them may enter and pass through private property, other than Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Inspection Sections 24-26 a dwelling house on that property, in order to gain entry to a place referred to in subsection (1). Assistance to be given to inspector (6) The owner of the place, the person in charge of it and every person in it must give all assistance to the inspector that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act and provide the inspector with any document or information, or access to any data, that they may reasonably require. Seizure 25 The inspector may seize and detain anything that the inspector has reasonable grounds to believe (a) was used in the contravention of any provision of this Act or the regulations; (b) is something in relation to which a provision of this Act or the regulations was contravened; or (c) was obtained by the contravention of a provision of this Act or the regulations. Dwelling-house 26 (1) If the place is a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to any conditions specified in the warrant, the inspector named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 24(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 it will be refused or to believe that consent to entry cannot be obtained from the occupant. Use of force (3) In executing a warrant issued under subsection (2), the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Inspection Sections 26-29 Telewarrant (4) If an inspector believes that it would be impracticable 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. Production of documents, information or samples 27 An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Dealing with Seized Things Removing, altering and interfering 28 Except with the authorization of an inspector, it is prohibited for a person to remove, alter or interfere with anything seized under this Act. Powers of inspector 29 An inspector may, in respect of anything seized under this Act, (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given; (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if (i) the thing is perishable, or (ii) the inspector is of the opinion that the thing presents a risk of injury to human health and that its disposal is necessary to respond to the risk. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Dealing with Seized Things Sections 30-32 Release of seized thing 30 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released. Application for return 31 (1) Subject to section 35, if proceedings are instituted in relation to a thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned. Order for return (2) If the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required. Other Measures Removal or destruction of unlawful imports 32 (1) An inspector who has reasonable grounds to believe that an imported food commodity does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food commodity is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense. Notice (2) The notice must be either delivered personally to the owner or importer of the food commodity, or to the person having possession, care or control of it, or sent by registered mail, to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the food commodity is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent, — it is, despite section 30, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Other Measures Sections 32-33 the expense of the person to whom the notice was delivered or sent. Suspension of application of subsection (3) (4) An inspector may, for a period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that (a) the food commodity does not present a risk of injury to human health; (b) the food commodity will not be sold within that period; (c) the measures that should have been taken for the food commodity not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the food commodity does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector may cancel the notice if the inspector is satisfied that (a) the food commodity does not present a risk of injury to human health; (b) the food commodity has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the food commodity did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. Injunction 33 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Other Measures Sections 33-35 committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or (b) do an act that it appears to the court may prevent the commission of an offence under this Act. Notice (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest. Forfeiture Unclaimed seized things 34 (1) A thing seized under this Act is, at the Minister’s election, forfeited to Her Majesty in right of Canada if (a) within 60 days after the seizure, no person is identified as its owner or as the person entitled to possess it; or (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it. Proceedings instituted (2) Subsection (1) does not apply if proceedings are instituted for a violation or an offence that relates to the seized thing. Disposal (3) A seized thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of the thing at the time of its seizure. Consent — seized thing 35 If the owner of a thing seized under this Act consents to its forfeiture, it is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the owner’s expense. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Forfeiture Sections 36-37 Violation or offence 36 (1) If the Tribunal decides that a person has committed a violation or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any punishment imposed, order that a thing by means of or in respect of which the violation or offence was committed, regardless of whether it was seized under this Act or not, be forfeited to Her Majesty in right of Canada. Disposal (2) A thing forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of, (a) if the thing was not seized, its owner; or (b) if the thing was seized, its owner or the person having possession, care or control of the thing at the time of its seizure. Return of seized things if no forfeiture ordered (3) If the Tribunal or court does not order the forfeiture of a thing that was seized, it must be returned to its owner or the person having possession, care or control of it at the time of its seizure. Exception (4) Despite subsection (3), if a penalty or fine was imposed, (a) the thing may continue to be detained until the penalty or fine is paid; or (b) the thing may be sold under execution and any proceeds realized from the sale may be applied in payment of the penalty or fine. Forfeiture on application of inspector 37 (1) A judge of a superior court of the province in which anything is seized under this Act may, on the application of an inspector, order that the thing be forfeited to Her Majesty in right of Canada. Notice and inquiry (2) The order may be made only if any notice to any persons that the judge directs was given and the judge finds, after making any inquiry that he or she considers necessary, that the thing is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Forfeiture Sections 37-39 Disposal (3) A thing that is forfeited under subsection (1) may be disposed of, as the Minister may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure. Analysis Analysis and examination 38 An inspector may submit to an analyst, for analysis or examination, (a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or (b) anything removed under paragraph 24(2)(k) or seized under section 25, or any sample of that thing. Offences Offences 39 (1) A person who contravenes a provision of this Act, other than sections 7 and 9, or a provision of the regulations — or fails to do anything the person was ordered to do by, or does anything the person was ordered not to do by, the Minister or an inspector under this Act other than subsection 32(1) — is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both. Due diligence defence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Offences — other provisions and orders (3) A person who contravenes section 7 or 9 or who, in contravening any other provision of this Act or a provision of the regulations or in failing to do anything the person was ordered to do by, or in doing anything the Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Offences Sections 39-42 person was ordered not to do by, the Minister or an inspector under this Act, other than subsection 32(1), knowingly or recklessly causes a risk of injury to human health is guilty of an offence and is liable (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both. Parties to offence (4) If a person other than an individual commits an offence under subsection (1), any of the person’s directors or officers, or agents or mandataries, who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. Proof of offence (5) 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 an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or 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. Continuing offence 40 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Limitation period 41 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the time when the subject matter of the proceedings arose. Venue 42 A prosecution for an offence under this Act may be instituted, heard or determined in the place in which the offence was committed, the accused was apprehended or the accused is carrying on business. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Offences Sections 43-45 Admissibility of documents as evidence 43 (1) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a certificate, report or other document purporting to be signed by the Minister, the President of the Agency or any person who is exercising powers or performing duties or functions under this Act 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 statements contained in it. Copies and extracts (2) In an application under section 33 or any proceedings for a violation or for an offence under this Act, a copy or extract from a certificate, report or other document that is made by a person referred to in subsection (1) that appears to have been certified under the signature of that person as a true copy or extract 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 of intention to produce (3) A certificate, report or other document referred to in subsection (1), or a copy of or an extract from it, may be admitted in evidence under that subsection only if the person intending to produce it gives to the person against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report, document, copy or extract. Proof — person 44 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the person by whom the food commodity was manufactured, prepared, stored, packaged, labelled or imported is, in the absence of evidence to the contrary, proof that the food commodity was manufactured, prepared, stored, packaged, labelled or imported by that person. Proof — establishment 45 In an application under section 33 or any proceedings for a violation or for an offence under this Act, proof that any food commodity, or its package or label, bore a name or address purporting to be the name or address of — or bore any other information that permits the identification of — the establishment where the food commodity Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Administration and Enforcement Offences Sections 45-47 was manufactured, prepared, stored, packaged or labelled is proof, in the absence of evidence to the contrary, that the food commodity was manufactured, prepared, stored, packaged or labelled at that establishment. General Disclosure of Information Disclosure to public 46 The Minister may, in the prescribed circumstances, disclose to the public, without the consent of the person to whom the information relates, any personal information or confidential business information that is obtained under this Act. Disclosure — risk or recall 47 (1) The Minister may disclose to a person or government, without the consent of the person to whom the information relates, any personal information or confidential business information if the Minister considers that the disclosure is necessary (a) to identify or respond to a risk of injury to human health associated with a food commodity; or (b) for a recall that is or may be ordered under subsection 19(1) of the Canadian Food Inspection Agency Act, including for monitoring the conduct of the recall or its effectiveness. Definition of government (2) In subsection (1), government means (a) any portion of the federal public administration; or (b) any of the following or its institutions: (i) the government of a province, (ii) a public body established under an Act of the legislature of a province, (iii) an aboriginal government as defined in subsection 13(3) of the Access to Information Act, (iv) the government of a foreign state or of a subdivision of a foreign state, and Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Disclosure of Information Sections 47-51 (v) an international organization, or association, of states. Export Certificates Export certificates 48 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any food commodity. Samples Disposition of samples 49 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate. Intellectual Property Inspection marks and grade names 50 Every inspection mark and grade name is a trademark and the exclusive property in the trademark and, subject to this Act, the right to its use are vested in Her Majesty in right of Canada. 2012, c. 24, s. 50; 2014, c. 20, s. 366(E). Regulations Governor in Council 51 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations (a) respecting, for the purposes of subsection 6(1), what is or is not false, misleading or deceptive or is or is not likely to create an erroneous impression; (b) prescribing grades and standards for any food commodity, including standards for the composition, purity or quality of a food commodity; (c) prescribing inspection marks and grade names in respect of any food commodity and regulating their application or use; (d) respecting or prohibiting the manufacturing, preparing, storing, packaging, labelling, selling or advertising of any food commodity; Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Regulations Section 51 (e) respecting or prohibiting the sending or conveying, from one province to another, or the importation or exportation of any food commodity; (e.1) respecting or prohibiting the purchasing or receiving of any fresh fruit or vegetable that is imported or that is sent or conveyed from one province to another; (f) specifying criteria for determining whether an activity is carried out solely for personal use and specifying activities to which section 19 does not apply; (g) respecting quality management programs, quality control programs, safety programs or preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act; (h) respecting, in relation to establishments where any activity regulated under this Act is conducted, the equipment and facilities to be used, the procedures to be followed and the standards to be maintained for the humane treatment and slaughter of animals; (i) respecting the design, construction, hygiene, sanitation and maintenance of (i) establishments where any activity regulated under this Act is conducted, (ii) the equipment and facilities in those establishments, or (iii) conveyances and equipment used in connection with any activity regulated under this Act; (j) respecting the operation of establishments where any activity regulated under this Act is conducted; (k) respecting (i) the registration of persons, or the issuing of licences to persons, under section 20 or the registration of establishments under section 21, (ii) the suspension, cancellation and renewal of those licences and registrations, and (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 20(3) or 21(4); (l) requiring holders of a registration made under subsection 20(1) or 21(1) and holders of a licence issued under subsection 20(1) to post bonds or to provide suretyships, or to provide other security satisfactory to Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Regulations Section 51 the Minister, as a guarantee that they will comply with the conditions of the registration or licence, as the case may be, and providing for the realization of the bonds, suretyships or other security if they fail to comply with the conditions; (m) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, them, and respecting (i) the information in those documents, (ii) the manner in which they are to be prepared, kept or maintained, (iii) the place where they are to be kept or maintained, and (iv) the manner in which they are to be provided or access to them is to be provided; (n) requiring persons to take or keep samples of any food commodity, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided; (o) respecting the provision of anything, other than a document and a sample, that is required to be provided under this Act; (p) respecting the exercise of powers, or the performance of duties or functions, under this Act; (q) respecting the issuance of certificates that establish that an item to which this Act applies, or that an establishment where any activity regulated under this Act is conducted, meets the requirements of the regulations; (r) respecting the issuance of certificates or other documents for the purpose of section 48; (s) respecting the accreditation of persons, bodies, facilities or laboratories in Canada and elsewhere and the recognition of their activities or findings; (t) respecting the recognition of systems of inspection, certification, manufacturing, preparation, storage, packaging, labelling or testing; (u) respecting the certification of any food commodity as having a specified character, quality, value, composition or origin or as having been manufactured or Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Regulations Section 51 prepared in a specified manner and the establishment and operation of systems for such certification; (v) respecting the traceability of any food commodity, including regulations requiring persons to establish systems to (i) identify the food commodity, (ii) determine its places of departure and destination and its location as it moves between those places, or (iii) provide information to persons who could be affected by it; (w) exempting, or permitting the Minister to exempt, with or without conditions, any item to which this Act applies, or a person or activity in respect of a food commodity, from the application of this Act or the regulations or a provision of this Act or the regulations; (x) respecting the measures to be taken in respect of items to which this Act applies that present a risk of injury to human health or that are in contravention of any provision of this Act or the regulations, or that are suspected on reasonable grounds of presenting such a risk or being in contravention of any such provision; and (y) prescribing anything that by this Act is to be prescribed. Paragraph (1)(e) (2) Regulations made under paragraph (1)(e) may, among other things, establish pre-clearance or in-transit requirements for any imported food commodity or anything imported with it. Paragraphs (1)(d) to (e.1) (2.1) Regulations made under paragraph (1)(d), (e) or (e.1) in respect of any fresh fruit or vegetable may, among other things, require a person to be a member of an entity or organization specified in the regulations. Paragraph (1)(m) (3) Regulations made under paragraph (1)(m) may, among other things, require the provision to the Minister or an inspector of written notice by persons who conduct any activity regulated under this Act who become aware that a food commodity presents or is likely to present a risk of injury to human health or does not meet the requirements of the regulations. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Regulations Sections 51-56 Paragraph (1)(w) (4) Regulations made under paragraph (1)(w) that permit the Minister to make exemptions must provide that he or she may do so only if he or she is of the opinion that no risk of injury to human health will result. 2012, c. 24, s. 51; 2014, c. 20, s. 234. Incorporation by Reference Incorporation by reference 52 A regulation made under subsection 51(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility 53 The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 51(1), including any amendments to the document, is accessible. Defence 54 A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 51(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by section 53 or it was otherwise accessible to the person. No registration or publication 55 For greater certainty, a document that is incorporated by reference in a regulation made under subsection 51(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Interim Orders Interim orders 56 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under subsection 51(1) if he or she believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Interim Orders Section 56 Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 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 51(1) that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, (a) the person had been notified of the interim order; or (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Statutory Instruments Act (4) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act. Presumption (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under subsection 51(1) is considered to include interim orders, and any reference to a regulation made under a specified provision of that subsection is considered to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting. Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians General Costs Sections 57-67 Costs Recovery 57 Costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection, moving, seizure and detention, forfeiture, disposal, return or release of anything under this Act, constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Limitation on Liability Her Majesty not liable 58 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable (a) for any costs, loss or damage resulting from the compliance; or (b) to pay any fee, including any rent or charge, for what is done or permitted to be done. No liability 59 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. 60 [Repealed before coming into force, 2014, c. 20, s. 235] 61 [Repealed before coming into force, 2014, c. 20, s. 235] 62 [Repealed before coming into force, 2014, c. 20, s. 235] 63 [Repealed before coming into force, 2014, c. 20, s. 235] 64 [Repealed before coming into force, 2014, c. 20, s. 235] 65 [Repealed before coming into force, 2014, c. 20, s. 235] 66 [Repealed before coming into force, 2014, c. 20, s. 235] 67 [Repealed before coming into force, 2014, c. 20, s. 235] Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Review Sections 68-71 Review Review 68 (1) Five years after the coming into force of this section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement. Report (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed. Transitional Provisions Definitions 69 The following definitions apply in sections 70 to 72. commencement day means the day on which section 102 comes into force. (date d’entrée en vigueur) former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. (ancienne Commission) new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (nouvelle Commission) Chairperson 70 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson. Other members 71 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Transitional Provisions Sections 71-73 day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed. Pending proceedings 72 Proceedings pending before the former Tribunal immediately before the commencement day are to be taken up and continued before the new Tribunal. Licences, permits, registrations and authorizations 73 (1) For the purpose of permitting a licence or permit issued, registration made or authorization given under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act to continue to have effect on the commencement day, the authority issuing, making or giving it, or renewing it, may include in it a statement to the effect that it is also a licence or registration issued or made under this Act. Presumption (2) Every licence, permit, registration or authorization that contains a statement added to it under subsection (1) and the term of which has not expired before the commencement day is considered, as expressed in the statement, to be a licence or registration issued or made under this Act. Term (3) Unless suspended or revoked under this Act, every licence, permit, registration or authorization to which subsection (2) applies remains in force for the remainder of the period during which it would have been in force had sections 20 and 21 not come into force. Suspensions (4) A suspended licence, permit, registration or authorization to which subsection (2) applies that was suspended before the commencement day and that continues to be suspended immediately before that day is considered to be suspended under this Act. Applications (5) An application for a licence, permit, registration or authorization under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act that was made before the Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Transitional Provisions Sections 73-79 commencement day and in respect of which no decision has been made before that day is considered to be an application for a licence or a registration under this Act. Definition of commencement day (6) In this section, commencement day means the day on which section 1 comes into force. Seized things 74 Sections 28 to 37 apply in respect of any thing seized under the Fish Inspection Act, the Meat Inspection Act or the Canada Agricultural Products Act — or seized under the Consumer Packaging and Labelling Act by a person designated as an inspector under the Canadian Food Inspection Agency Act for the enforcement of the Consumer Packaging and Labelling Act as it relates to food — that had not been returned to any person, released or forfeited, or removed from Canada, before the day on which section 1 comes into force. Regulations 75 The Governor in Council may make regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act. Repeals 76 [Repeal] 77 [Repeal] 78 [Repeal] Related and Consequential Amendments Competition Act 79 [Amendment] Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Related and Consequential Amendments Consumer Packaging and Labelling Act Sections 80-96 Consumer Packaging and Labelling Act 80 [Amendments] 81 [Amendment] 82 [Amendment] 83 [Amendment] 84 [Amendments] 85 [Amendment] Federal Courts Act 86 [Amendment] Feeds Act 87 [Amendment] Fertilizers Act 88 [Amendment] Seeds Act 89 [Amendment] 90 [Amendment] 91 [Amendment] Customs Act 92 [Amendments] Health of Animals Act 93 [Amendment] 94 [Amendments] Plant Protection Act 95 [Amendment] Contraventions Act 96 [Amendment] Current to June 20, 2022 Last amended on June 17, 2019 Safe Food for Canadians Related and Consequential Amendments Agriculture and Agri-Food Administrative Monetary Penalties Act Sections 97-111 Agriculture and Agri-Food Administrative Monetary Penalties Act 97 [Amendment] 98 [Amendment] 99 [Amendment] 100 [Amendment] 101 [Amendment] 102 [Amendment] Canadian Food Inspection Agency Act 103 [Amendment] 104 [Amendment] 105 [Amendment] Pest Control Products Act 106 [Amendment] Canada Border Services Agency Act 107 [Amendment] 108 [Amendment] Coordinating Amendments 109 [Amendments] 110 [Amendments] Coming into Force Order in council 111 This Act, except sections 73, 94, 109 and 110, comes into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 73, 94, 109 and 110 in force on assent November 22, 2012; Act, other than sections 73, 94, 109 and 110, in force January 15, 2019, see SI/2018-39.] * Current to June 20, 2022 Last amended on June 17, 2019

CONSOLIDATION Security Offences Act R.S.C., 1985, c. S-7 Current to June 20, 2022 Last amended on April 4, 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 4, 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 4, 2005 TABLE OF PROVISIONS An Act respecting enforcement in relation to certain security and related offences Short title Powers of the Attorney General of Canada Powers of Attorney General of a province Fiat of Attorney General of Canada Fiat filed in court Role of RCMP Review of Act after five years Current to June 20, 2022 Last amended on April 4, 2005 ii R.S.C., 1985, c. S-7 An Act respecting enforcement in relation to certain security and related offences Short title 1 This Act may be cited as the Security Offences Act. 1984, c. 21, s. 56. Powers of the Attorney General of Canada 2 Notwithstanding any other Act of Parliament, the Attorney General of Canada may conduct proceedings in respect of an offence under any law of Canada where (a) the alleged offence arises out of conduct constituting a threat to the security of Canada within the meaning of the Canadian Security Intelligence Service Act, or (b) the victim of the alleged offence is an internationally protected person within the meaning of section 2 of the Criminal Code, and for that purpose the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned by or under the Criminal Code to the Attorney General. 1984, c. 21, s. 57. Powers of Attorney General of a province 3 Subject to section 4, section 2 does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in that section or to exercise any of the powers or perform any of the duties and functions assigned by or under the Criminal Code to the Attorney General. 1984, c. 21, s. 58. Fiat of Attorney General of Canada 4 (1) Where the Attorney General of Canada believes that an offence referred to in section 2 has been committed in any province, the Attorney General of Canada may Current to June 20, 2022 Last amended on April 4, 2005 Security Offences Sections 4-6 issue a fiat to that effect and may serve the fiat on the Attorney General of the province. Effect of fiat (2) Where a fiat issued pursuant to subsection (1) is served on the Attorney General of a province, the fiat establishes the exclusive authority of the Attorney General of Canada with respect to the conduct of any proceedings in respect of the offence described in the fiat. 1984, c. 21, s. 59. Fiat filed in court 5 (1) Where proceedings are conducted by or on behalf of the Attorney General of Canada in respect of an offence in relation to which a fiat has been issued pursuant to subsection 4(1), the fiat or a copy thereof may be filed with the court in which the proceedings are conducted. Fiat constitutes conclusive proof of facts stated therein (2) A fiat or copy thereof purporting to have been issued pursuant to subsection 4(1) by the Attorney General of Canada that is filed with the court pursuant to subsection (1) is conclusive proof that proceedings in respect of the offence described in the fiat may be conducted by or on behalf of the Attorney General of Canada and is admissible in evidence without proof of the signature or official character of the Attorney General of Canada. 1984, c. 21, s. 60. Role of RCMP 6 (1) Members of the Royal Canadian Mounted Police who are peace officers have the primary responsibility to perform the duties that are assigned to peace officers in relation to any offence referred to in section 2 or the apprehension of the commission of such an offence. Arrangements (2) To facilitate consultation and cooperation in relation to the carrying out of the duties assigned to the Royal Canadian Mounted Police under subsection (1), the Minister of Public Safety and Emergency Preparedness may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to the performance of duties assigned to peace officers in relation to any offence referred to in section 2 or the apprehension of the commission of such an offence. R.S., 1985, c. S-7, s. 6; 2005, c. 10, s. 34. Current to June 20, 2022 Last amended on April 4, 2005 Security Offences Section 7 Review of Act after five years 7 (1) After July 16, 1989, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose. Report to Parliament (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 Parliament may authorize, submit a report on the review to Parliament including a statement of any changes the committee recommends. 1984, c. 21, s. 69. Current to June 20, 2022 Last amended on April 4, 2005

CONSOLIDATION Special Retirement Arrangements Act S.C. 1992, c. 46, Sch. I NOTE [Enacted as Schedule I to 1992, c. 46, in force December 16, 1994, see SI/94-146.] Current to June 20, 2022 Last amended on January 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 January 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 January 1, 2013 TABLE OF PROVISIONS Short Title 1 Short title Interpretation 2 Definitions Special Pension Plans Establishment of Plans 3 Plans may be established Amendments Contributions 5 Persons required to contribute Registered Pension Plans Account 6 Establishment of Account Amounts to be credited to Account Valuation and assets reports Payment out of Consolidated Revenue Fund Retirement Compensation Arrangements Establishment of Arrangements 10 Arrangements may be established Arrangements shall be established Supplementary benefits Amendments Advisory committees Contributions 15 Persons required to contribute Public Service corporations Retirement Compensation Arrangements Account 17 Establishment of Account Amounts to be credited to Account Valuation and assets reports Current to June 20, 2022 Last amended on January 1, 2013 ii Special Retirement Arrangements TABLE OF PROVISIONS Amounts to be charged to Account Payment out of Consolidated Revenue Fund General 22 Benefits not assignable, etc. Remedial action Recovery of amounts due Recovery of amounts paid in error Annual report Governor in Council may exempt Regulations Current to June 20, 2022 Last amended on January 1, 2013 iv S.C. 1992, c. 46, Sch. I [Assented to 16th December 1992] Short Title Short title 1 This Act may be cited as the Special Retirement Arrangements Act. Interpretation Definitions 2 In this Act, benefit includes a refund of contributions and any interest payable on those contributions; (prestations) Minister means the President of the Treasury Board; (ministre) pension benefit means a periodic payment to which a member or former member of a special pension plan, or the beneficiary, estate or succession of that member or former member, is or may become entitled under that pension plan; (prestation de retraite) pension benefit credit means the aggregate value at a particular time of the pension benefit and any other benefits that have accrued under a special pension plan to a member or former member of that pension plan, as calculated in the prescribed manner; (droits à pension) prescribed means prescribed by regulation; (Version anglaise seulement) retirement compensation arrangement, unless the context otherwise requires, means a plan or an arrangement that is established by or under the authority of an order made under paragraph 10(a) or subsection 11(1); (régime compensatoire) retirement compensation benefit credit means the aggregate value at a particular time of the benefits that Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Interpretation Sections 2-4 have accrued to a person under a retirement compensation arrangement, as calculated in the prescribed manner; (droits à pension compensatoires) special pension plan means a pension plan established by or under the authority of an order made under paragraph 3(1)(b). (régime spécial de pension) 1992, c. 46, Sch. I, s. 2; 2000, c. 12, s. 292. Special Pension Plans Establishment of Plans Plans may be established 3 (1) The Governor in Council may, on the recommendation of the Minister, by order, (a) exempt, subject to the regulations, any person or class of persons from the application of the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act; (b) establish or authorize the establishment of a pension plan to provide pension benefits and other benefits to or in respect of any person or class of persons so exempted from the application of that Act; and (c) designate any person as a member of a special pension plan or designate any class of persons as members of that pension plan. Compliance with Income Tax Act, etc. (2) A special pension plan shall (a) comply with the provisions of the Income Tax Act and the regulations made under that Act respecting registered pension plans; and (b) provide for the payment of supplementary benefits in relation to any pension benefit that is payable under that pension plan, calculated at the same rates and in the same manner as is provided under the Supplementary Retirement Benefits Act in respect of supplementary retirement benefits payable under that Act. Amendments 4 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend or authorize the amendment of any special pension plan. Retroactivity of amendments (2) An amendment to a special pension plan may, if the order by which the amendment is made or is authorized Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Special Pension Plans Establishment of Plans Sections 4-7 to be made so provides, be retroactive and be deemed to come into force on a day prior to the day on which the order is made, which prior day shall not be before the day on which that pension plan is established. Void amendments (3) An amendment to a special pension plan is void if the amendment would reduce or have the effect of reducing (a) a pension benefit accrued under that pension plan before the day on which the amendment is made; or (b) the pension benefit credit accrued under that pension plan in respect of that pension benefit. Contributions Persons required to contribute 5 Every member of a special pension plan that is designated by the regulations is required to contribute to the Registered Pension Plans Account, by reservation from that member’s salary or otherwise, in the manner and under the circumstances prescribed in respect of that pension plan, at the rate or rates established by the regulations in respect of that pension plan. Registered Pension Plans Account Establishment of Account 6 There shall be established in the accounts of Canada an account to be known as the Registered Pension Plans Account. Amounts to be credited to Account 7 There shall be credited to the Registered Pension Plans Account in each fiscal year (a) in respect of every month, an amount equal to the amount estimated by the Minister to be required to provide for the cost of the benefits that have accrued in respect of that month and that will become chargeable against the Account; and (b) an amount representing interest on the balance from time to time to the credit of the Account, calculated at the same rates and credited in the same manner and at the same time as interest is calculated and credited in respect of the Superannuation Account continued under subsection 4(2) of the Public Service Superannuation Act. Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Special Pension Plans Registered Pension Plans Account Sections 8-10 Valuation and assets reports 8 (1) A valuation report and an assets report on the state of the Registered Pension Plans Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act as if the special pension plans established under this Act were pension plans established under an Act referred to in subsection 3(1) of that Act. Review dates (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Registered Pension Plans Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart. Amounts to be credited on basis of valuation report (3) Following the laying before Parliament of any valuation report under subsection (1), there shall be credited to the Registered Pension Plans Account, at the time and in the manner determined by the Minister, such amounts as in the opinion of the Minister will, at the end of the prescribed period, together with the amount estimated by the Minister to be to the credit of the Account at that time, meet the cost of the benefits chargeable against the Account. Payment out of Consolidated Revenue Fund 9 Benefits and other amounts payable under a special pension plan shall be paid out of the Consolidated Revenue Fund and charged to the Registered Pension Plans Account. Retirement Compensation Arrangements Establishment of Arrangements Arrangements may be established 10 The Governor in Council may, on the recommendation of the Minister, by order, (a) establish or authorize the establishment of a plan or an arrangement for the payment of benefits, of a kind referred to in the definition “retirement compensation arrangement” in subsection 248(1) of the Income Tax Act, to or in respect of any person Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Establishment of Arrangements Sections 10-11 (i) who is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act, (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act, (iii) who is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act, (iv) to whom the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act applies, (v) who is a member of a special pension plan, (vi) who, but for the provisions of the Income Tax Act and the regulations made under that Act respecting the registration of pension plans, would be able to accrue benefits under a special pension plan or a pension plan provided by an Act referred to in subparagraph (i), (ii), (iii) or (iv), or (vii) who is prevented by an Act of Parliament from becoming or remaining a member of a pension plan provided by an Act referred to in subparagraph (i), (ii), (iii) or (iv); and (b) designate any person referred to in paragraph (a) or any class of such persons as being subject to a plan or an arrangement that is established by or under the authority of an order made under that paragraph. 1992, c. 46, Sch. I, s. 10; 2002, c. 17, s. 28; 2003, c. 26, s. 65. Arrangements shall be established 11 (1) The Governor in Council shall, on the recommendation of the Minister, by order, as soon as is practicable after the day on which this subsection comes into force, establish or authorize the establishment of a plan or an Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Establishment of Arrangements Section 11 arrangement for the payment of benefits, of a kind referred to in the definition “retirement compensation arrangement” in subsection 248(1) of the Income Tax Act, to or in respect of any person (a) who, on or after that day, is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of salary is greater than the annual rate of salary that is fixed by any regulations made under paragraph 42.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (c) who, on or after that day, is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (d) who is or has been a deputy head, has to the person’s credit under the Public Service Superannuation Act not less than ten years of pensionable service and elects, in accordance with the regulations, before the person ceases to be employed in the public service, to become subject to such a plan or arrangement; or (e) who, immediately before the coming into force of section 11 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, introduced in the third session of the thirty-fourth Parliament, was deemed by section 14 of the Public Service Superannuation Act, as it read at that time, to be employed in the Public Service. Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Establishment of Arrangements Sections 11-13 Designation (2) The Governor in Council shall, when establishing or authorizing the establishment of a plan or an arrangement under subsection (1), designate the persons who shall be subject to that plan or arrangement and may designate those persons either individually or by class of persons. Idem (3) A plan or an arrangement that is established by or under the authority of an order made under subsection (1) shall provide for the payment of benefits to or in respect of a person described in that subsection that are equivalent in value to the value of the benefits that the person would have been able to accrue but for (a) subsection 5(6) of the Public Service Superannuation Act; (b) subsection 5(5) of the Canadian Forces Superannuation Act; (c) subsection 5(5) of the Royal Canadian Mounted Police Superannuation Act; or (d) section 11 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, introduced in the third session of the thirty-fourth Parliament. Definition of “deputy head” (4) In this section, deputy head means the deputy head of a department, a person having by law the status of a deputy head and the chairperson, president or other chief executive officer of a portion of the public service, as defined in section 3 of the Public Service Superannuation Act, other than a department. 1992, c. 46, Sch. I, s. 11; 2002, c. 17, s. 29; 2003, c. 22, s. 225(E), c. 26, s. 66; 2012, c. 31, ss. 473, 503, 513. Supplementary benefits 12 A retirement compensation arrangement shall provide for the payment of supplementary benefits in relation to any periodic payments to which a person is entitled under that arrangement, calculated at the same rates and in the same manner as is provided under the Supplementary Retirement Benefits Act in respect of supplementary retirement benefits payable under that Act. Amendments 13 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend or authorize the Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Establishment of Arrangements Sections 13-15 amendment of any retirement compensation arrangement. Retroactivity of amendments (2) An amendment to a retirement compensation arrangement may, if the order by which the amendment is made or is authorized to be made so provides, be retroactive and be deemed to come into force on a day prior to the day on which the order is made, which prior day shall not be before the day on which that arrangement is established. Void amendments (3) An amendment to a retirement compensation arrangement is void if the amendment would reduce or have the effect of reducing (a) a benefit accrued under that arrangement before the day on which the amendment is made; or (b) the retirement compensation benefit credit accrued under that arrangement in respect of that benefit. Advisory committees 14 (1) The Governor in Council may establish advisory committees to advise and assist the Minister on matters arising in connection with the operation of any retirement compensation arrangement or with any proposal to establish a retirement compensation arrangement. Membership (2) An advisory committee shall consist of eight persons appointed by the Governor in Council on the recommendation of the Minister, four of whom shall be selected from among persons who are subject to a retirement compensation arrangement or may become subject to a retirement compensation arrangement that is proposed to be established, as appropriate. Term (3) A member of an advisory committee shall be appointed to hold office for a term not exceeding three years. Contributions Persons required to contribute 15 Every person who is subject to a retirement compensation arrangement that is designated by the regulations is required to contribute to the Retirement Compensation Arrangements Account, by reservation from the person’s salary, from any benefit that is or becomes payable Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Contributions Sections 15-18 to, or in respect of, that person or otherwise, in the manner and under the circumstances prescribed in respect of that arrangement, at the rate or rates established by the regulations in respect of that arrangement. 1992, c. 46, Sch. I, s. 15; 2011, c. 24, s. 183. Public Service corporations 16 (1) A Public Service corporation that is designated by the regulations shall pay into the Retirement Compensation Arrangements Account, at such time or times as the Minister may determine, in respect of any benefits accrued or accruing by any employee of the Public Service corporation under a retirement compensation arrangement, an amount determined in accordance with the regulations. Definitions (2) In this section, “employee” and “Public Service corporation” have the same meaning as in subsection 37(2) of the Public Service Superannuation Act. Retirement Compensation Arrangements Account Establishment of Account 17 There shall be established in the accounts of Canada an account to be known as the Retirement Compensation Arrangements Account. Amounts to be credited to Account 18 (1) There shall be credited to the Retirement Compensation Arrangements Account in each fiscal year (a) in respect of every month, an amount equal to the amount estimated by the Minister to be required to provide for the cost of the benefits that have accrued in respect of that month and that will become chargeable against that Account; and (b) an amount representing interest on the balance from time to time to the credit of that Account, calculated at the same rates and credited in the same manner and at the same time as interest is calculated and credited in respect of the Superannuation Account. Idem (2) There shall be credited to the Retirement Compensation Arrangements Account in each calendar year an amount equal to the amount, if any, determined at the end of the year, that is refundable in respect of that Account under subsection 207.7(2) of the Income Tax Act. Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements Retirement Compensation Arrangements Retirement Compensation Arrangements Account Sections 19-21 Valuation and assets reports 19 (1) A valuation report and an assets report on the state of the Retirement Compensation Arrangements Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act as if the retirement compensation arrangements established under this Act were pension plans established under an Act referred to in subsection 3(1) of that Act. Review dates (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Retirement Compensation Arrangements Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart. Amounts to be credited on basis of valuation report (3) Following the laying before Parliament of any valuation report under subsection (1), there shall be credited to the Retirement Compensation Arrangements Account, at the time and in the manner determined by the Minister, such amounts as in the opinion of the Minister will, at the end of the prescribed period, together with the amount estimated by the Minister to be to the credit of the Account at that time, meet the cost of the benefits chargeable against the Account. Amounts to be charged to Account 20 (1) There shall be charged to the Retirement Compensation Arrangements Account in each calendar year an amount equal to the amount of tax, if any, that is payable for that year in respect of the Account under subsection 207.7(1) of the Income Tax Act. Amounts to be credited to other accounts (2) The amounts charged to the Retirement Compensation Arrangements Account under subsection (1) shall be credited to the appropriate account in the accounts of Canada. Payment out of Consolidated Revenue Fund 21 Benefits and other amounts payable under a retirement compensation arrangement shall be paid out of the Consolidated Revenue Fund and charged to the Retirement Compensation Arrangements Account. Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements General Sections 22-24 General Benefits not assignable, etc. 22 Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act, (a) a benefit under a special pension plan or retirement compensation arrangement is not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a person is entitled under a special pension plan or retirement compensation arrangement is not capable of being surrendered or commuted during the lifetime of that person, and any transaction that purports to so surrender or commute any such benefit is void; and (c) a benefit under a special pension plan or retirement compensation arrangement is exempt from attachment, seizure and execution, either at law or in equity. 1992, c. 46, Sch. I, s. 22; 2000, c. 12, s. 293. Remedial action 23 Where the Minister is satisfied that, as a result of erroneous advice or an administrative error on the part of any person acting in an official capacity in the administration of a special pension plan, a retirement compensation arrangement or this Act, a person has been denied a benefit to which the person was entitled or the opportunity to exercise a right, to elect a benefit or to opt for a benefit, the Minister may take such remedial action as the Minister considers appropriate to place that person in the position that the person would have been in if that erroneous advice had not been given or that administrative error had not been made. Recovery of amounts due 24 (1) Where a member or former member of a special pension plan or a person subject to a retirement compensation arrangement dies and an amount payable by that member, former member or person into the Registered Pension Plans Account or Retirement Compensation Arrangements Account remains due at the time of death, that amount, together with interest at the prescribed rate or determined in the prescribed manner, from the time that amount became due, may be recovered in the prescribed manner from any benefit payable under that pension plan or arrangement in respect of that member, former member or person, without prejudice to any other Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements General Sections 24-27 recourse available to Her Majesty in right of Canada with respect to the recovery thereof. Amounts to be credited to appropriate Account (2) An amount recovered under subsection (1) shall be credited to the Registered Pension Plans Account or the Retirement Compensation Arrangements Account, as appropriate. Recovery of amounts paid in error 25 Subject to the regulations, where an amount is paid in error under a special pension plan or retirement compensation arrangement on account of any benefit payable on a periodic basis, the Minister may authorize the retention, by way of deduction from any subsequent payment of that benefit, of the amount paid in error, together with interest at the prescribed rate or determined in the prescribed manner, from the time the amount was paid in error, and any charge prescribed in respect thereof, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to the recovery thereof. Annual report 26 (1) The Minister shall in each fiscal year prepare a report on the administration of this Act during the preceding fiscal year, which report shall include a statement showing the amounts paid into and out of the Registered Pension Plans Account and the Retirement Compensation Arrangements Account during that year, by appropriate classifications, the number of persons contributing to each Account and the number of persons receiving benefits under the special pension plans and retirement compensation arrangements established under this Act, together with such additional information as the Governor in Council may require. Report to be laid before Parliament (2) The Minister shall cause every report prepared under subsection (1) to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after it is prepared. Governor in Council may exempt 27 The Governor in Council may, on the recommendation of the Minister, by order, exempt, subject to the regulations, any person or class of persons from the application of the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, if that person or class of persons Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements General Sections 27-28 (a) would not be eligible to receive a pension benefit under that Act were that Act to apply to that person or class of persons; (b) would not be eligible to receive any additional pension benefit were that Act to continue to apply to that person or class of persons; or (c) is subject to any other pension plan that is registered under the Income Tax Act. Regulations 28 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting the time or times at which a person or class of persons becomes exempt from the application of the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act by an order made under paragraph 3(1)(a) and respecting the manner in which and extent to which any provision of that Act or the regulations made under that Act applies, notwithstanding the exemption, to that person or class of persons and to other persons affected by the exemption, and adapting any such provision to those persons or that class of persons, where necessary for the purpose of providing for the consequences of the exemption or of ensuring the practical operation of that Act or those regulations and a special pension plan; (b) prescribing the time or times at which a person becomes or ceases to be a member of a special pension plan or is deemed to become or to cease to be a member for the purposes of that pension plan or this Act; (b.1) specifying the persons who may be beneficiaries of a pension benefit; (c) for the purposes of section 5, designating special pension plans, defining the word “salary”, and establishing the rate or rates at which persons shall contribute to the Registered Pension Plans Account in respect of a special pension plan; (d) respecting the crediting to the Registered Pension Plans Account and the charging to the Consolidated Revenue Fund of amounts representing the aggregate value at any particular time of any benefits that have accrued to a person under the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act, as calculated in the prescribed manner; (e) respecting the conditions under which and the extent to which the employment or service that relates to Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements General Section 28 the benefits referred to in paragraph (d) may be counted as pensionable employment or service for the purposes of a special pension plan; (f) prescribing the time or times at which a person becomes or ceases to be subject to a retirement compensation arrangement or is deemed to become or to cease to be subject to a retirement compensation arrangement for the purposes of that arrangement or this Act; (g) respecting elections under paragraph 11(1)(d); (h) for the purposes of section 15, designating retirement compensation arrangements, defining the word “salary” and establishing the rate or rates at which persons shall contribute to the Retirement Compensation Arrangements Account in respect of a retirement compensation arrangement; (i) designating Public Service corporations for the purposes of subsection 16(1) and determining the amounts that Public Service corporations shall pay into the Retirement Compensation Arrangements Account under that subsection; (j) respecting any overpayment made out of the Registered Pension Plans Account or the Retirement Compensation Arrangements Account and respecting the deletion, writing off and remission of amounts required to be paid into either Account; (k) respecting the administration of any special pension plan or retirement compensation arrangement; (l) respecting the termination or winding-up of any special pension plan or retirement compensation arrangement; (m) respecting the retention of an amount referred to in section 25; (n) respecting the time or times at which any person or class of persons becomes exempt from the application of the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act by an order made under section 27 and respecting the manner in which and extent to which any provision of that Act or the regulations made under that Act applies, notwithstanding the exemption, to that person or class of persons and to other persons affected by the exemption, and adapting any such provision to those persons or that class of persons, where necessary for the purpose of providing for the consequences of the exemption; Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements General Section 28 (o) prescribing any matter or thing that by this Act is to be or may be prescribed; and (p) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this Act. Retroactive application of regulations (2) Regulations made under paragraph (1)(a), (b), (c), (h), (i) or (n) may, if they so provide, be retroactive and have effect with respect to any period before they are made. 1992, c. 46, Sch. I, s. 28; 2000, c. 12, s. 294. Current to June 20, 2022 Last amended on January 1, 2013 Special Retirement Arrangements RELATED PROVISIONS RELATED PROVISIONS — 2011, c. 24, par. 184 (e) Retroactive coming into force 184 Despite subsection 109(1) of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, chapter 46 of the Statutes of Canada, 1992, (in this section referred to as the “amending Act”) and Order in Council P.C. 1994-2097, made on December 14, 1994 and registered as SI/94-146, (e) section 106 of the amending Act is deemed to have come into force on December 14, 1994. Current to June 20, 2022 Last amended on January 1, 2013

CONSOLIDATION Saguenay-St. Lawrence Marine Park Act S.C. 1997, c. 37 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 establish the Saguenay-St. Lawrence Marine Park and to make a consequential amendment to another Act Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Purpose 4 Purpose Establishment of the Park 5 Park established Change of Park Boundaries 6 Change of park boundaries Notice of the proposed change to be tabled and referred to committee Administration of Park 8 Administration Management plan Permits Superintendent, Park Wardens and Enforcement Officers 11 Powers and duties of superintendent Powers of park wardens Designation of enforcement officers 13.1 Contraventions Act 13.2 Certificate of designation and oath Right of passage 14.1 Immunity Current to June 20, 2022 Last amended on February 26, 2015 ii Saguenay-St. Lawrence Marine Park TABLE OF PROVISIONS Harmonization Committee 15 Establishment of committee Coordinating Committee 16 Coordinating committee Regulations 17 Regulations Arrest, Search and Seizure 18 Arrest without warrant Search and seizure 19.1 Custody of things seized 19.2 Liability for costs Offences and Punishment 20 Offence 20.1 Continuing offences 20.2 Offences involving more than one animal, plant or object 20.3 Deeming — second and subsequent offence 20.4 Determination of small revenue corporation status 20.5 Relief from minimum fine 20.6 Additional fine 20.7 Notice to shareholders 20.8 Liability of directors, officers, etc., of corporation Fundamental purpose of sentencing 21.1 Sentencing principles 21.2 Application of fines 21.3 Orders of court 21.4 Forfeiture 21.5 Disposition by Minister 21.6 Compensation for loss of property 21.7 Compensation for cost of remedial or preventive action Limitation period 22.1 Contraventions Act 22.2 Publication of information about contraventions 22.3 Review Current to June 20, 2022 Last amended on February 26, 2015 iv Saguenay-St. Lawrence Marine Park TABLE OF PROVISIONS Ticketable Offences 23 Ticketing procedure Other Remedies 24 Injunction Consequential Amendment Transitional Provision 26 Permits Coming into Force *27 Coming into force SCHEDULE Saguenay-St. Lawrence Marine Park Current to June 20, 2022 Last amended on February 26, 2015 v S.C. 1997, c. 37 An Act to establish the Saguenay-St. Lawrence Marine Park and to make a consequential amendment to another Act [Assented to 10th December 1997] Preamble WHEREAS the Governments of Canada and of Quebec recognize the necessity, both for the present and for future generations, of protecting the environment, the flora and fauna and the exceptional natural resources of a representative portion of the Saguenay River and the St. Lawrence estuary; WHEREAS those Governments, on April 6, 1990, entered into an agreement for the purpose of establishing a marine park there; WHEREAS those Governments have agreed to cooperate to the greatest extent possible in the exercise of their respective powers; AND WHEREAS each of the Parliament of Canada and the legislature of Quebec must enact legislation within its own jurisdiction for the establishment and management of a marine park; 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 Saguenay-St. Lawrence Marine Park Act. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Interpretation Sections 2-4 Interpretation Definitions 2 The definitions in this section apply in this Act. agreement means the agreement entered into on April 6, 1990 by the Government of Canada and the Government of Quebec for the purpose of establishing the Saguenay-St. Lawrence Marine Park. (Entente) enforcement officer means a person designated under section 13 or belonging to a class of persons so designated. (agent de l’autorité) Minister means the Minister responsible for the Parks Canada Agency. (ministre) park means the Saguenay-St. Lawrence Marine Park created by section 5. (parc) park warden means a person appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act or the Canada National Parks Act and who is designated by the Minister as a park warden. (garde de parc) Quebec minister means the minister of the Government of Quebec responsible for the law of the Province of Quebec entitled An Act respecting the Saguenay-St. Lawrence Marine Park, chapter 16 of the Statutes of Quebec, 1997. (ministre du Québec) superintendent means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of the park, and includes any other person appointed under that Act who is authorized by that person to act on their behalf. (directeur) 1997, c. 37, s. 2; 1998, c. 31, s. 61.01; 2000, c. 32, s. 64; 2005, c. 2, s. 13; 2009, c. 14, s. 108. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Purpose Purpose 4 The purpose of this Act is to increase, for the benefit of the present and future generations, the level of protection of the ecosystems of a representative portion of the Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Purpose Sections 4-7 Saguenay River and the St. Lawrence estuary for conservation purposes, while encouraging its use for educational, recreational and scientific purposes. Establishment of the Park Park established 5 (1) The Saguenay-St. Lawrence Marine Park, the boundaries of which are set out in the schedule, is hereby established. Park zones (2) The park is composed of four types of zones: (a) comprehensive preservation zones (Type I zones); (b) specific protection zones (Type II zones); (c) general protection zones (Type III zones); and (d) general use zones (Type IV zones). Change of Park Boundaries Change of park boundaries 6 (1) Subject to section 7, the Governor in Council may, by order, change the park boundaries set out in the schedule if (a) agreement has been reached between the Governments of Canada and Quebec; and (b) the Minister and the Quebec minister have jointly consulted with the public and the coordinating committee. Limitation (2) For greater certainty, any enlargement of the park may only extend over public lands of Quebec. Notice of the proposed change to be tabled and referred to committee 7 (1) A notice of intention to make an order to change boundaries of the park shall be tabled in the House of Commons and stands referred to the committee of the House that normally considers matters relating to parks, or to any other committee designated by the House for the purposes of this section, if the intention is to reduce the area of the park, or of any zone of the park, other than a reduction of the area of a Type III or Type IV zone by one square kilometre or less. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Change of Park Boundaries Sections 7-9 Consideration by committee (2) The committee shall report to the House of Commons whether it approves or disapproves the change and, on or after the next sitting day, a motion to concur in the report shall be put to the House in accordance with its procedures and disposed of without amendment or debate. Where proposed change rejected (3) The proposed change shall not be made if the House of Commons concurs in a report disapproving the proposed order or does not concur in a report approving the order. 1997, c. 37, s. 7; 2000, c. 32, s. 65. Administration of Park Administration 8 (1) The administration, management and control of the park are under the direction and authority of the Minister. Scientific research (2) The Minister may conduct activities for the purpose of advancing scientific knowledge of the park ecosystems. Agreement with Quebec (3) The Minister may enter into agreements with the Quebec minister or another minister of the Government of Canada for carrying out the purpose of this Act and for coordinating the activities permitted in the park. Management plan 9 (1) The Minister shall, within one year after the coming into force of this Act, cause to be laid before each House of Parliament a management plan for the park that the Minister draws up jointly with the Quebec minister with respect to resource protection, zoning, visitor use and any other matters that the Minister considers appropriate. Review of plan (2) The Minister shall review the management plan with the Quebec minister at least once every seven years, and shall cause any amendments to the plan to be laid with the plan before each House of Parliament. Public participation (3) The Minister shall, in cooperation with the Quebec minister, provide opportunities for public participation Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Administration of Park Sections 9-13.1 in the development of the management plan and any other matters that the Minister considers relevant. Permits 10 (1) The Minister may issue, amend, suspend and cancel permits and other authorizing instruments for the control of any activity in the park. Delegation (2) The Minister may authorize any person, or any member of a class of persons, to exercise any power mentioned in subsection (1). Superintendent, Park Wardens and Enforcement Officers Powers and duties of superintendent 11 The superintendent has and may exercise the powers and perform the duties of the Minister under this Act that the Minister delegates to the superintendent. Powers of park wardens 12 For the purposes of the preservation and maintenance of the public peace in the park, and the enforcement of this Act and any other federal Act that they may be authorized to enforce, both inside and outside the park, a park warden has the powers, duties and protection provided by law to peace officers. Designation of enforcement officers 13 The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code. 1997, c. 37, s. 13; 2009, c. 14, s. 109. Contraventions Act 13.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Superintendent, Park Wardens and Enforcement Officers Sections 13.1-15 aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act. Limitations regarding designations (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act. 2009, c. 14, s. 109. Certificate of designation and oath 13.2 (1) Every park warden, enforcement officer and person designated under section 13.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister. Limitations must be specified (2) The certificate must specify the limitations, if any, to which the designation is subject. 2009, c. 14, s. 109. Right of passage 14 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property. 1997, c. 37, s. 14; 2009, c. 14, s. 109. Immunity 14.1 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 109. Harmonization Committee Establishment of committee 15 (1) A harmonization committee, made up of representatives of the Minister and the Quebec minister, is hereby established for the purposes of ensuring harmonization and implementing the activities and programs of the Government of Canada and the Government of Quebec with respect to the park, in particular with respect to the protection of ecosystems, planning, management, issuance of permits and other authorizations, consultation, the programming of activities, communications and the ways in which infrastructures, installations and equipment are to be shared. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Harmonization Committee Sections 15-17 Regulations (2) The harmonization committee also is to harmonize draft regulations to be made under this Act and draft regulations that are to be made under the law of the Province of Quebec that creates the Saguenay-St. Lawrence Marine Park. Representatives of the Minister (3) The Minister shall name his or her representative or representatives on the harmonization committee. Coordinating Committee Coordinating committee 16 (1) A coordinating committee is hereby established to make recommendations to the Minister and the Quebec minister on the measures to be taken in order to carry out the objectives of the management plan. Composition (2) The Minister, in cooperation with the Quebec minister, shall decide on the composition of the coordinating committee. Representatives of the Minister (3) The Minister shall name his or her representative or representatives on the coordinating committee. Regulations Regulations 17 The Governor in Council may make regulations (a) for the protection, control and management of the park; (b) for the protection of ecosystems, and any elements of ecosystems, in the park; (c) for the protection of the cultural resources submerged in the park; (d) for public protection, health and safety inside the park; (e) setting out the characteristics of each type of zone in the park; (f) setting out the terms and conditions under which each type of zone may be used, the boundaries of each type of zone and any time limits respecting zones; Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Regulations Section 17 (g) determining the conditions under which various activities may be undertaken in each type of zone in the park; (h) determining the activities that are prohibited in the park; (i) for the closing of park zones or for prohibiting activities in those zones; (j) authorizing the superintendent to prohibit or restrict activities that may be undertaken in park zones under paragraph (g) or to close park zones or prohibit access to those zones, despite any regulation made under this section, in order to protect park ecosystems and elements of park ecosystems; (k) for the issuance, renewal, revocation and suspension of permits and other authorizing instruments required to carry on any activity under this Act or the regulations, and any conditions of those permits and instruments; (l) for the determination of charges for the permits or other authorizing instruments required to carry on any activity under this Act or the regulations; (m) for limiting the number of persons who may hold the permits and authorizations at any one time; (m.1) designating provisions of the regulations for the purpose of subsection 20(1); (n) prescribing offences in respect of which section 23 applies and the manner in which they may be described in tickets; (o) prescribing the amount of the fine for offences in respect of which section 23 applies, which amount shall not exceed $2,000; (p) determining the conditions under which aircraft may take off, fly over and land within park boundaries; and (q) in respect of any other matters that are necessary for carrying out the purposes of this Act. 1997, c. 37, s. 17; 2009, c. 14, s. 110; 2015, c. 3, s. 151(F). Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Arrest, Search and Seizure Sections 18-19 Arrest, Search and Seizure Arrest without warrant 18 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person (a) whom the warden or officer finds committing an offence under this Act; or (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act. 1997, c. 37, s. 18; 2009, c. 14, s. 111. Search and seizure 19 (1) A park warden or enforcement officer may (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and (b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act. Authority to issue warrant (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park, (a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or (b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a), the justice of the peace may issue a warrant authorizing the park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Arrest, Search and Seizure Sections 19-19.2 When warrant not necessary (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. 1997, c. 37, s. 19; 2009, c. 14, s. 112. Custody of things seized 19.1 (1) Subject to subsections (2) and (3) and sections 21.5 and 21.6, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code, (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the warden or officer, or any person that the warden or officer may designate, shall 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 ownership of or the lawful entitlement to a seized thing cannot be ascertained within 30 days after the day on which it was seized, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada if the thing was seized by a park warden or an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or by an aboriginal government. Perishable things (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after the day on which it was seized, in which case the proceeds must be retained by the warden or officer pending the outcome of those proceedings. 2009, c. 14, s. 113. Liability for costs 19.2 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Arrest, Search and Seizure Sections 19.2-20 disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 2009, c. 14, s. 113. Offences and Punishment Offence 20 (1) Every person who contravenes any provision of this Act or any provision of the regulations designated by regulations made under paragraph 17(m.1) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) 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 five years, or to both, and (B) 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 five years, or to both, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and (iii) in the case of a corporation that the court has determined under section 20.4 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (B) 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) in the case of an individual, (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Section 20 imprisonment for a term of not more than six months, or to both, and (B) 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, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and (iii) in the case of a corporation that the court has determined under section 20.4 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. Contravention of other provisions of regulations (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 17(m.1) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not more than $100,000, and (B) for a second or subsequent offence, to a fine of not more than $200,000, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not more than $500,000, and (B) for a second or subsequent offence, to a fine of not more than $1,000,000, and (iii) in the case of a corporation that the court has determined under section 20.4 to be a small revenue corporation, Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 20-20.2 (A) for a first offence, to a fine of not more than $250,000, and (B) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not more than $25,000, and (B) for a second or subsequent offence, to a fine of not more than $50,000, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not more than $250,000, and (B) for a second or subsequent offence, to a fine of not more than $500,000, and (iii) in the case of a corporation that the court has determined under section 20.4 to be a small revenue corporation, (A) for a first offence, to a fine of not more than $50,000, and (B) for a second or subsequent offence, to a fine of not more than $100,000. 1997, c. 37, s. 20; 2009, c. 14, s. 114. Continuing offences 20.1 If a contravention of a provision of this Act or of the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2009, c. 14, s. 114. Offences involving more than one animal, plant or object 20.2 If an offence under this Act involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite section 20, be the total of the Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 20.2-20.6 fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information. 2009, c. 14, s. 114. Deeming — second and subsequent offence 20.3 (1) For the purposes of section 20, 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 previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — 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. 2009, c. 14, s. 114. Determination of small revenue corporation status 20.4 For the purpose of section 20, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’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. 2009, c. 14, s. 114. Relief from minimum fine 20.5 The court may impose a fine that is less than the minimum amount provided for in subsection 20(1) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in that subsection. 2009, c. 14, s. 114. Additional fine 20.6 If a person is convicted of an offence under this Act 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 shall order the person 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 Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 20.6-21 amount of any fine that may otherwise be imposed under this Act. 2009, c. 14, s. 114. Notice to shareholders 20.7 If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. 2009, c. 14, s. 114. Liability of directors, officers, etc., of corporation 20.8 (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation 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 Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Duties of directors and officers (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with (a) this Act and the regulations; (b) orders made by a court or the superintendent under this Act; and (c) directions of the superintendent, a park warden or an enforcement officer made under this Act. 2009, c. 14, s. 114. Fundamental purpose of sentencing 21 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law protecting the park through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce unlawful conduct that damages or creates a risk of damage to the park; and (c) to restore park resources. 1997, c. 37, s. 21; 2009, c. 14, s. 114. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 21-21.1 Sentencing principles 21.1 (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 shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (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 offence caused damage or risk of damage to any park resources; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable park resources; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the offender committed the offence intentionally or recklessly; (e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (f) 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; (g) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence; (h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or the protection of cultural, historical or archaeological resources; and Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 21.1-21.3 (i) 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 (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. Meaning of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value. Reasons (5) 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 shall give reasons for that decision. 2009, c. 14, s. 114. Application of fines 21.2 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, 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 park or for administering that Fund. Recommendations of court (2) The court imposing the 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 specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 114. Orders of court 21.3 (1) If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements: Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Section 21.3 (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any park resources that resulted or may result from the commission of the offence; (c) directing the person to post a bond, provide surety or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; (d) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan; (e) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or undertaking on park resources or directing the person to pay, in the manner specified by the court, an amount for that purpose; (f) directing the person to implement an environmental management system approved by the Minister; (g) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the Minister and directing the person to remedy any deficiencies revealed during the audit; (h) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the protection, conservation or restoration of the park; (i) directing the person 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; (j) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’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; (k) directing the person to submit to the Minister, when requested to do so by the Minister at any time Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Section 21.3 within three years after the date of conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances; (l) directing the person 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; (m) directing the person to perform community service, subject to any reasonable conditions that may be imposed in the order; (n) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection, conservation or restoration of the park; (o) requiring the person to surrender to the Minister any permit or other authorizing instrument issued under this Act to the person; (p) prohibiting the person from applying for any new permit or other authorizing instrument under this Act during any period that the court considers appropriate; (q) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work related to the park; (r) directing the person 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 the environment; and (s) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) If a person is convicted of an offence under this Act 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 paragraph, make an order referred to in subsection (1). Imposition of sentence (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, 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 February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 21.3-21.4 Publication (4) If a person fails to comply with an order made under paragraph (1)(i), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person. Debt due to Her Majesty (5) If the court makes an order under paragraph (1)(h) or (l) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), 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 (6) If the court makes an order under paragraph (1)(l) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other 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 person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permit, etc. (7) If the court makes an order under paragraph (1)(o), any permit or other authorizing instrument to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (8) 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 shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2009, c. 14, s. 114. Forfeiture 21.4 (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 21.4-21.7 Return if no forfeiture ordered (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition shall be returned or paid to its lawful owner or the person lawfully entitled to it. Retention or sale (3) If a fine is imposed on a person who is convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. 2009, c. 14, s. 114. Disposition by Minister 21.5 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct. 2009, c. 14, s. 114. Compensation for loss of property 21.6 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved 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. 2009, c. 14, s. 114. Compensation for cost of remedial or preventive action 21.7 (1) A court shall not, under paragraph 21.3(1)(l), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Offences and Punishment Sections 21.7-22.3 Compensation for loss or damage — property (2) A court shall not, under subsection 21.6(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act. 2009, c. 14, s. 114. Limitation period 22 No proceedings by way of summary conviction in respect of an offence under this Act 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. 1997, c. 37, s. 22; 2009, c. 14, s. 114. Contraventions Act 22.1 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention. 2009, c. 14, s. 114. Publication of information about contraventions 22.2 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2009, c. 14, s. 114. Review 22.3 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 20 to 22.2. Report to Parliament (2) The Minister shall, 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. 2009, c. 14, s. 114. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Ticketable Offences Section 23 Ticketable Offences Ticketing procedure 23 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced by a park warden or enforcement officer by (a) completing a ticket that consists of a summons portion and an information portion; (b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused’s latest known address; and (c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as is feasible after the summons portion has been delivered or mailed. Content of ticket (2) The summons and information portions of a ticket shall (a) set out a description of the offence and the time and place of its alleged commission; (b) include a statement, signed by the park warden or enforcement officer who completes the ticket, that the warden or officer has reasonable grounds to believe that the accused committed the offence; (c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it is to be paid; (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court at the time set out in the ticket. Notice of forfeiture (3) If a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the park warden or enforcement officer who completed the ticket shall give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds realized from its disposition, shall immediately be forfeited to Her Majesty. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Ticketable Offences Sections 23-26 Consequences of payment (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket, (a) the payment constitutes a plea of guilty to the offence described in the ticket and a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and (b) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada if the ticket was completed by a park warden or an enforcement officer who is a member of the federal public administration, or is forfeited to Her Majesty in right of Quebec if the ticket was completed by any other enforcement officer. 1997, c. 37, s. 23; 2003, c. 22, s. 219(E); 2009, c. 14, s. 115. Other Remedies Injunction 24 (1) Whether or not there are other proceedings with respect to offences under this Act or the regulations, Her Majesty in right of Canada may undertake or continue proceedings seeking to prevent the commission of such offences. Civil remedies (2) No civil remedy for an act or omission is suspended by reason only that the act or omission is an offence under this Act or the regulations. Consequential Amendment 25 [Amendment] Transitional Provision Permits 26 Permits in force on the date of the coming into force of this Act remain in force until their expiry dates unless the activities authorized under the permits contravene this Act or the regulations. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park Coming into Force Section 27 Coming into Force Coming into force 27 This Act comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force June 8, 1998, see SI/98-74.] Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park SCHEDULE (Section 5) Saguenay-St. Lawrence Marine Park Public lands of Québec A territory, within the territories of the Municipalité régionale de comté du Fjord-du-Saguenay, the Municipalité régionale du comté de la Haute-Côte-Nord, the Municipalité régionale de comté de Charlevoix-Est, the Municipalité régionale de comté de Rivière-du-Loup and the Municipalité régionale de comté de Kamouraska, official cadastre of the townships of: Saint-Germains, Durocher, Champigny, Labrosse, Albert, Tadoussac, Bergeronnes, Escoumins, Otis, Hébert, Saint-Jean, Dumas, Saguenay and Callières, and of the parishes of: SaintSiméon and Saint-Fidèle. Such territory being situated on Québec public lands and comprising part of the bed of the Saguenay River and part of the bed of the estuary of the St. Lawrence River. Containing an area of 1 138 square kilometres within the perimeter described as follows: Starting from point A situated at Cap de l’Est at the intersection of the boundary line between lots 7 and 8 of Range F, cadastre of the township of Saint-Germains, and the ordinary high water mark (OHWM) on the northeast shore of the Saguenay River; thence, in a general southeasterly direction, the OHWM on the northeast shore of the Saguenay River to point B (Pointe Rouge), designated as 5 333 239 m N and 364 246 m E in the Québec plane coordinate system (QPCS); Skirting, so as to exclude them, the following areas: — SAINTE-ROSE-DU-NORD WHARF (1): The submerged shore lot, without designation, forming part of the bed of the Saguenay River, fronting on part of lots A-1 and A-2 of Range B of the official cadastre of the township of Saint-Germains, transferred to the Government of Canada by Québec Order in Council 357 dated 5 March 1963 and accepted by Order in Council P.C. 1302 dated September 4, 1963. — ESTUARY OF THE SAINTE-MARGUERITE RIVER: Part of the Sainte-Marguerite bay bordered by the downstream side of the walkway linking lot 12 of the West Range of the river to lot D of the East Range of the river, cadastre of the township of Albert. — L’ANSE-DE-ROCHE (2): Part of the bed of the Saguenay River comprising: The L’Anse-de-roche wharf. The submerged shore lot, being Block 35 on the original survey, fronting on lots 20-4, 20-5, 20-8 and 20-9 of Range I Saguenay of the revised cadastre of the township of Albert; A submerged shore lot, without designation, fronting on lot 20-4, Range I Saguenay, revised cadastre of the township of Albert, contiguous to the aforementioned Block 35 Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park and bounded as follows: on the east by the OHWM; on the north by the aforementioned Block 35; on the south and west by the Saguenay River. Being 40.0 metres in width and 83.82 metres along its north line; L’Anse-de-roche marina (2). A submerged shore lot, without designation, fronting on lots 20-8, 21-20, 21-22 and 21-23 of Range I Saguenay of the revised cadastre of the township of Albert, contiguous to the aforementioned lot and bounded as follows: on the east by the OHWM; on the south by the aforementioned Block 35; on the west and north by the Saguenay River. Being 45.0 metres in width and 85.34 metres along its south line. — TADOUSSAC FERRY WHARF (3): The submerged shore lot 1014 of the revised cadastre of the township of Tadoussac. — ANSE À L’EAU (3): Lots 55-1, 54-B-1, 54-A-1 to their southeast line and lot 54-1 to its southwest line, revised cadastre of the township of Tadoussac. — ANSE À CALE SÈCHE (4): Part of Block 1 of the revised cadastre of the township of Tadoussac to a line parallel to and running at a distance of 10 metres to the south of the dry dock gate. — TADOUSSAC BAY (5): Part of the bed of the Saguenay River, Tadoussac Bay, comprising: Tadoussac wharf. A submerged shore lot, without designation, comprising the site of the Tadoussac wharf and a contiguous strip of land 25 metres in width measured perpendicularly from the outside wall of the wharf; Tadoussac marina. A submerged shore lot, without designation, fronting on lots 67-14 and 67-15 of the revised cadastre of the village of Tadoussac, containing an area of approximately 21 848 square metres, lease number 9091-41, Tadoussac yachting harbour; A submerged shore lot, without designation, triangular in shape, bounded on the southeast by the wharf lot; on the west by the marina lot and on the northeast by a straight line running from the northwest corner of the wharf lot to the northeast corner of the marina lot (5). — TADOUSSAC BAY (6): A submerged shore lot, without designation, forming part of the bed of the Saguenay River, fronting on lots 122-1 and 688, lease number 7677-382; Two submerged shore lots, without designation, forming part of the bed of the Saguenay River, fronting on lots 122-2, 129-2 and 129-3, lease number 7677-381. From point B, in a general northeasterly direction, the OHWM on the northwest shore of the St. Lawrence River to the intersection of the boundary line between lots A-4 and A-5 of Range A of the township of Escoumins, designated as point C; Skirting, so as to exclude them, the following areas: — PETITES BERGERONNES BAY: Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park Part of the bay bounded by a straight line the extremities of which are designated as the following QPCS coordinates: Point 3 5 343 820 m N and 373 006 m E; Point 4 5 343 825 m N and 373 248 m E; — GRANDES BERGERONNES BAY (7): Part of the bay bounded by a straight line the extremities of which are designated as the following QPCS coordinates: Point 5 5 344 751 m N and 375 045 m E; Point 6 5 344 756 m N and 375 369 m E; Grandes-Bergeronnes wharf. A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, estuary of the Grandes-Bergeronnes River, and situated at the southwesternmost extremity of Block A-2 of the township of Bergeronnes, transferred to the Government of Canada by Québec Order in Council 1240 dated 30 June 1939 and accepted by Order in Council P.C. 2607 dated September 9, 1939; Grandes-Bergeronnes marina. A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, estuary of the Grandes-Bergeronnes River, and contiguous to the aforementioned lot, bounded as follows: on the southeast by the aforementioned lot; on the southwest and northwest by the St. Lawrence River and on the northeast by the OHWM. Being 153.15 metres on the southeast and 60.96 metres on the southwest. — ANSE AUX BASQUES: Part of the bed of the St. Lawrence River comprising: The Escoumins wharf. The submerged shore lots designated on the original survey as Blocks 243 and 1074 of the bed of the St. Lawrence River, fronting on lot 2 (part), Range A, cadastre of the township of Escoumins; The submerged shore lot, being Block 1040 of the bed of the St. Lawrence River on the original survey, fronting on lot 1-1 (part) of Range A of the cadastre of the township of Escoumins; A submerged shore lot, without designation, fronting on lot 2-15 of Range A of the cadastre of the township of Escoumins; bounded on the east by the aforementioned Block 243; on the south by Anse-aux-basques; on the west by the aforementioned Block 1040 and on the north by lot 20-15 of Range A of the cadastre of the township of Escoumins. Being 29.41 metres on the east and 5.45 metres and 16.97 metres on the west. — ANSE À LA BARQUE: A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lot 3 Range A, cadastre of the township of Escoumins. Being 53.0 metres in width and 75.0 metres in length; From point C, southeasterly, a straight line to point D, having the geographic coordinates 48°17′17″ N latitude and 69°17′17″ W longitude. From point D, southwesterly to point H 50, having the geographic coordinates 48°06′25″ N latitude and 69°29′38″ W longitude. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park From point H 50, southwesterly, a straight line to point H 52, having the geographic coordinates 48°04′30″ N latitude and 69°31′42″ W longitude. From point H 52, southwesterly, a straight line to point H 56, having the geographic coordinates 47°52′54″ N latitude and 69°37′17″ W longitude. From point H 56, southwesterly, a straight line to point H 58, having the geographic coordinates 47°51′21″ N latitude and 69°39′00″ W longitude. From point H 58, southwesterly, a straight line to point H 60, having the geographic coordinates 47°48′16″ N latitude and 69°42′43″ W longitude. From point H 60, southwesterly, a straight line to point H 64, having the geographic coordinates 47°38′39″ N latitude and 69°53′16″ W longitude. From point H 64, northwesterly, a straight line to point E, situated on the boundary line between lots 252 and 254 of the Saint-Paul Range, cadastre of the parish of Saint-Fidèle. The said point being situated on the OHWM on the northwest shore of the St. Lawrence River (Gros Cap à l’Aigle). From point E, in a general northeasterly direction, being the OHWM on the northwest shore of the St. Lawrence River, to point F (Pointe Noire), designated as 5 331 938 m N and 363 150 m E in the QPCS. Skirting, so as to exclude them, the following areas: — PORT-AU-PERSIL WHARF (9): A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lot 34 of Port-au-Persil Range in the cadastre of the parish of SaintSiméon. — SAINT-SIMÉON WHARF (10): A submerged shore lot, being Block 627 of the bed of the St. Lawrence River on the original survey, fronting on lots 63 and 65 of Port-au-Persil Range, cadastre of the parish of Saint-Siméon; A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lots 65 and 66 of Port-au-Persil Range, cadastre of the parish of Saint-Siméon, and contiguous to the aforementioned lot. Being 156.67 metres on the south; 91.44 metres on the east and 189.28 metres on the north. — ESTUARY OF THE NOIRE RIVER (11): A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lot 69 of Mont-Murray Seignory and the estuary of the Noire River, as shown on the plan prepared by Mario Morin, land surveyor, on 27 January 1995 under number 769 of his minutes. The said lot being reserved for the needs of the Québec department of transport. A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lot 24 of Range 1 SW of the cadastre of the township of Callières. Being 102.11 metres on the south and 241.71 metres on the east. The said lot having been transferred to the Government of Canada by Québec Order in Council 3105 dated 20 Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park December 1939 and accepted by Order in Council P.C. 176 dated January 17, 1940; — BAIE-DES-ROCHERS WHARF: A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, fronting on lot 24 of Range A of the cadastre of the township of Callières, comprising the site of the wharf and a continguous strip of land 25 metres in width measured perpendicularly from the outside wall of the wharf. — AUX CANARDS RIVER: The estuary of the Aux Canards River, bounded by a straight line the extremities of which are designated as the following QPCS coordinates: Point 7: 5 326 822 m N and 360 789 m E; Point 8: 5 326 882 m N and 360 907 m E. — SAINTE-CATHERINE BAY (12): The submerged shore lot, without designation, forming part of the bed of the St. Lawrence River granted by letters patent to Price Brothers on 23 August 1930, fronting on lots E, F, 6 and 7 of Range B, cadastre of the township of Saguenay; A submerged shore lot, without designation, forming part of the bed of the St. Lawrence River, held by the Government of Canada by virtue of Québec Order in Council 365 dated 19 March 1934 and a deed of purchase registered at Baie-Comeau under number 8611 dated 8 August 1934. From point F, in a general northwesterly direction, being the OHWM on the southwest shore of the Saguenay River, to its intersection with the boundary line between lots 2 and 3 of Range VI of the township of Otis, being point G; Skirting, so as to exclude them, the following areas: — BAIE-SAINTE-CATHERINE FERRY WHARF (13): A submerged shore lot, without designation, forming part of the bed of the Saguenay River and including Block 37 fronting on lots 56 of Range 1 and 8-1 of Range B of the cadastre of the township of Saguenay, as shown on a plan prepared by Claude Latulippe, land surveyor, on 3 August 1978 under number 5255 of his minutes. The said lot being reserved for the needs of the Québec department of transport. — SAINT-ÉTIENNE COVE: A part of Saint-Étienne cove, bounded by a straight line the extremities of which are designated as the following QPCS coordinates: Point 9: 5 340 426 m N and 348 677 m E; Point 10: 5 340 477 m N and 348 658 m E. — PETIT SAGUENAY COVE: A part of Petit Saguenay cove, bounded by a straight line (line 11-12 on the attached plan), perpendicular to the current and having its origin at the mouth of a stream known locally as the Alvidas stream. — PETIT-SAGUENAY WHARF (14): Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park A part of the bed of the Saguenay River comprising: a submerged shore lot being Block 64 of the bed of the Saguenay River, fronting on Block A of the cadastre of the township of Saint-Jean, containing an area of 13 053 square metres, transferred to the Government of Canada by Québec Order in Council 2017 dated 28 November 1962 and accepted by an Order in Council dated June 27, 1963; A submerged shore lot, without designation, forming part of the bed of the Saguenay River, fronting on Block A of the cadastre of the township of Saint-Jean, bounded as follows: on the north by the hereinafter described Block B and the Saguenay River; on the east by the Saguenay River; on the south by the OHWM; and on the west by the aforementioned Block 64. Containing an area of 8 895 square metres, transferred to the Government of Canada by Québec Order in Council 2017 dated 28 November 1962 and accepted by an Order in Council dated June 27, 1963; A submerged shore lot, being Block B of the bed of the Saguenay River, fronting on Block A of the cadastre of the township of Saint-Jean, transferred to the Government of Canada by Québec Order in Council 437 dated 17 March 1968 and accepted by Order in Council P.C. 1689 dated August 28, 1968. — SAINT-JEAN COVE (15): A part of Saint-Jean cove, bounded by a straight line (line 13-14 on the attached plan), starting from the boundary line between lots 62 and 7b, Reserve Range, cadastre of the township of Saint-Jean and perpendicular to the current. Anse Saint-Jean wharf. A submerged shore lot, without designation, forming part of the bed of the Saguenay River, fronting on lot 1B of Range VII, cadastre of the township of Saint-Jean, including the site of the wharf and a contiguous strip of land 25 metres in width measured perpendicularly from the outside wall of the wharf; A submerged shore lot, without designation, forming part of the bed of the Saguenay River, fronting on lot 1B of Range VII of the cadastre of the township of Saint-Jean, as described in lease No. 9596-85 of the Ministère de l’Environnement et de la Faune and a contiguous strip of land 25 metres in width measured perpendicularly from the boundary line described in the lease. — ÉTERNITÉ BAY: A part of Éternité Bay, bounded by a straight line the extremities of which are designated as the following QPCS coordinates: Point 15: 5 350 803 m N and 316 863 m E; Point 16: 5 350 903 m N and 316 803 m E. A submerged shore lot, without designation, situated in Éternité Bay at 5 351 813 m N and 317 243 m E in the Québec plane coordinate system, including the site of the walkway and floating wharf and a contiguous strip of land 25 metres in width measured perpendicularly from the outside wall of that structure. From point G, northwesterly, a straight line to the starting point, being point A. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park SCHEDULE Saguenay-St. Lawrence Marine Park The said territory including: all land placed at the disposal of Hydro-Québec for the construction and maintenance of electric power transportation lines within the perimeter described above. The said territory excluding: — all property not held by the Government of Québec; — all islands and islets, and all structures, including the marine structure situated on the Haut-fond Prince, and a strip of land 25 metres in width around that structure, designated as 5 330 376 m N and 370 648 m E in the Québec plane coordinate system. All Québec plane coordinate system data, NAD 83, zone 7, mentioned above are expressed in metres and are calculated from coordinates plotted on 1:20 000-scale maps prepared by the Ministère des Ressources Naturelles du Québec, N.A.D. 1927. Current to June 20, 2022 Last amended on February 26, 2015 Saguenay-St. Lawrence Marine Park AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 1992, c. 47, s. 84 (Sch. ), as amended by 1997, c. 37, s. 25 2.1 Section 17 is amended by adding the word “and” at the end of paragraph (l) and by repealing paragraphs (n) and (o). — 1992, c. 47, s. 84 (Sch. ), as amended by 1997, c. 37, s. 25 2.2 Section 23 and the heading before it are repealed. Current to June 20, 2022 Last amended on February 26, 2015

CONSOLIDATION Safe Containers Convention Act R.S.C., 1985, c. S-1 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 the International Convention for Safe Containers Short Title 1 Short title Interpretation 2 Definitions Regulations 3 Regulations Enforcement 4 Inspectors Powers of inspectors Obstruction of inspectors Offence and Punishment 7 Contravention of Act or regulations Amendment of Schedule 8 Amendment of schedule Consideration of motion Procedure in other House Where motion adopted and concurred in Negative resolution of Parliament Inquiries 13 Minister may direct inquiry Duration of Act 14 Duration of Act SCHEDULE International Convention for Safe Containers (CSC) Current to June 20, 2022 ii Safe Containers Convention TABLE OF PROVISIONS ANNEX I Regulations for the Testing, Inspection, Approval and Maintenance of Containers APPENDIX ANNEX II Structural Safety Requirements and Tests Current to June 20, 2022 iv R.S.C., 1985, c. S-1 An Act to implement the International Convention for Safe Containers Short Title Short title 1 This Act may be cited as the Safe Containers Convention Act. 1980-81-82-83, c. 9, s. 1. Interpretation Definitions 2 In this Act, container means a container as defined in the Convention and to which the Convention applies; (conteneur) Convention means the International Convention for Safe Containers set out in the schedule; (Convention) inspector means a person designated as an inspector pursuant to section 4; (inspecteur) Minister means the Minister of Transport. (ministre) 1980-81-82-83, c. 9, s. 2. Regulations Regulations 3 (1) Subject to subsection (2), the Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention, and, without restricting the generality of the foregoing, may make regulations (a) for the detention and transportation of containers that do not carry a valid Safety Approval Plate as required by the Convention; Current to June 20, 2022 Safe Containers Convention Regulations Section 3 (b) for the detention and transportation of containers in respect of which there is significant evidence that the condition of the container creates an obvious risk to safety; (c) respecting the maintenance and repairing of containers; (d) describing the circumstances and the manner in which the Minister may dispose of detained containers that have not been repossessed by the person entitled thereto; (e) requiring that the Safety Approval Plate affixed to any or all containers approved under the authority of the Government of Canada be in both English and French; and (f) describing the circumstances in which the Minister must obtain the concurrence of another specified Minister in the choice of the person or persons to be authorized to conduct an inquiry under subsection 13(1). Limitations (2) No regulation made under subsection (1) may (a) authorize any person to prevent the removal of the contents of a container; or (b) authorize the continued detention of a container after its contents have been removed, except where an inspector believes on reasonable grounds that there is about to be a contravention of a regulation respecting the transportation of containers made under paragraph (1)(a) or (b). Proposed regulations to be published (3) Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto. Exceptions (4) Subsection (3) does not apply in respect of a proposed regulation that (a) has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or (b) makes no material substantive change in an existing regulation. 1980-81-82-83, c. 9, s. 3. Current to June 20, 2022 Safe Containers Convention Enforcement Sections 4-5 Enforcement Inspectors 4 (1) The Minister may designate as an inspector for the purposes of this Act and the regulations any person who, in the Minister’s opinion, is qualified to be so designated. Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector setting out the provisions of this Act, the regulations, the Convention and Annexes I and II to the Convention that the inspector is authorized to enforce, and, on boarding any vehicle or entering any place described in subsection 5(1), an inspector shall, if so required, produce the certificate to the person in charge thereof. 1980-81-82-83, c. 9, s. 4. Powers of inspectors 5 (1) In addition to any powers that he may have pursuant to the regulations, an inspector may at any reasonable time (a) go on board any vehicle, including a ship, train, truck or aircraft, or enter any place in which he believes on reasonable grounds that (i) there is significant evidence that the condition of a container creates an obvious risk to safety, or (ii) a provision of this Act or the regulations has been contravened; (b) go on board any vehicle, including a ship, train, truck or aircraft, or enter any place in which he believes on reasonable grounds there is a container, for the purpose of verifying that the container carries a valid Safety Approval Plate as required by the Convention; and (c) examine any record or document required under the regulations to be kept, and make copies thereof or extracts therefrom. Assistance to inspectors (2) The owner or person in charge of any vehicle boarded or place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations. 1980-81-82-83, c. 9, s. 5. Current to June 20, 2022 Safe Containers Convention Enforcement Sections 6-7 Obstruction of inspectors 6 (1) No person shall obstruct or hinder an inspector in carrying out his duties or functions under this Act or the regulations. 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 or functions under this Act or the regulations. Removal, etc., of detained containers (3) Unless authorized by an inspector, no person shall remove or interfere in any way with a container detained by an inspector pursuant to the regulations. 1980-81-82-83, c. 9, s. 6. Offence and Punishment Contravention of Act or regulations 7 (1) Every person who contravenes a provision of this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars. Jurisdiction in case of offences (2) A court has jurisdiction over an offence under this Act or the regulations if (a) the offence was committed in the territorial jurisdiction of that court; or (b) the accused is found or carries on business in the territorial jurisdiction of that court. Idem (3) Notwithstanding that an offence under this Act or the regulations was committed entirely in one province, the courts of another province have jurisdiction over that offence if the accused is found or carries on business in that other province. Jurisdiction is additional (4) The jurisdiction conferred under subsections (2) and (3) is in addition to and not in derogation of any jurisdiction conferred under the Criminal Code. 1980-81-82-83, c. 9, s. 7. Current to June 20, 2022 Safe Containers Convention Amendment of Schedule Sections 8-9 Amendment of Schedule Amendment of schedule 8 (1) Subject to this section and sections 9 to 12, the Governor in Council may by order amend the schedule to reflect any amendment to the Annexes to the Convention to which Canada has not objected as provided in the Convention. Tabling order (2) An order under subsection (1) shall be laid before Parliament not later than the tenth sitting day of Parliament after it is issued. Coming into force of order (3) An order referred to in subsection (2) shall come into force on the later of (a) the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection, and (b) the day provided in the order unless, before the twentieth sitting day of Parliament after the order has been laid before Parliament, a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House. Definition of sitting day of Parliament (4) For the purposes of subsections (2) and (3), a sitting day of Parliament means a day on which either House of Parliament sits. 1980-81-82-83, c. 9, s. 8. Consideration of motion 9 (1) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection 8(3) with respect to a particular order referred to in subsection 8(2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and considered in the other House. Time for disposition of motion (2) A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than five hours and, on the conclusion of Current to June 20, 2022 Safe Containers Convention Amendment of Schedule Sections 9-11 the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary for the disposal of the motion. Procedure on adoption of motion (3) If a motion taken up and considered in accordance with subsection (1) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House. 1980-81-82-83, c. 9, s. 8. Procedure in other House 10 Within the first fifteen days next after receipt by it of a request pursuant to subsection 9(3) that the House receiving the request is sitting, that House shall take up and consider the motion that is the subject of the request, and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary to determine whether or not the motion in question is concurred in. 1980-81-82-83, c. 9, s. 8. Where motion adopted and concurred in 11 (1) Where a motion taken up and considered in accordance with subsection 9(1) or section 10 is adopted, with or without amendments, by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent amendment to the Annexes to the Convention to which Canada has not objected as provided in the Convention. Where motion not adopted or not concurred in (2) Where a motion taken up and considered in accordance with subsection 9(1) or section 10 is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force (a) immediately on the failure to adopt the motion or concur therein, as the case may be, if no day is provided in the order; or (b) on the day provided in the order. 1980-81-82-83, c. 9, s. 8. Current to June 20, 2022 Safe Containers Convention Amendment of Schedule Sections 12-13 Negative resolution of Parliament 12 When each House of Parliament enacts rules whereby any order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, subsections 8(2) to (4) and sections 9 to 11 are thereupon repealed and an order made thereafter under subsection 8(1) is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act. 1980-81-82-83, c. 9, s. 8. Inquiries Minister may direct inquiry 13 (1) Where an accident or incident involving a container has resulted in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Minister may direct an inquiry to be made into that accident or incident, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may, subject to regulations made under paragraph 3(1)(f), authorize any person or persons that the Minister deems qualified to conduct the inquiry. Powers of persons conducting inquiries (2) For the purposes of an inquiry under subsection (1), any person or persons authorized by the Minister under that subsection have all the powers of a person appointed as a commissioner under Part I of the Inquiries Act. Report (3) As soon as possible after the conclusion of an inquiry under subsection (1), 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 (4) Subject to subsection (5), a report made pursuant to subsection (3) shall be published by the Minister within thirty days after he has received it, unless the report contains a recommendation that publication be withheld in the public interest, in which case the Minister may withhold publication of the report in whole or in part as he deems appropriate. Where second Minister must consent to publication (5) Where, pursuant to regulations made under paragraph 3(1)(f), the concurrence of a second Minister was obtained in relation to the choice of the person or Current to June 20, 2022 Safe Containers Convention Inquiries Sections 13-14 persons to be authorized to conduct an inquiry under subsection (1), the report made pursuant to subsection (3), or any portion thereof, shall not be published unless that second Minister consents to publication. Copies of report (6) The Minister may supply copies of a report published pursuant to subsection (4) or (5) in such manner and on such terms as he deems proper. (7) [Repealed, 1989, c. 3, s. 52] R.S., 1985, c. S-1, s. 13; 1989, c. 3, s. 52. Duration of Act Duration of Act 14 This Act shall continue in force until a day fixed by proclamation following termination of the Convention or denunciation thereof by Canada, and no longer. 1980-81-82-83, c. 9, s. 10. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) SCHEDULE (Section 2) International Convention for Safe Containers (CSC) Preamble THE CONTRACTING PARTIES, RECOGNIZING the need to maintain a high level of safety of human life in the handling, stacking and transporting of containers, MINDFUL of the need to facilitate international container transport, RECOGNIZING, in this context, the advantages of formalizing common international safety requirements, CONSIDERING that this end may best be achieved by the conclusion of a Convention, HAVE DECIDED to formalize structural requirements to ensure safety in the handling, stacking and transporting of containers in the course of normal operations, and to this end HAVE AGREED as follows: ARTICLE I General Obligation under the present Convention The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention. ARTICLE II Definitions For the purpose of the present Convention, unless expressly provided otherwise: 1 Container means an article of transport equipment: (a) of a permanent character and accordingly strong enough to be suitable for repeated use; (b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading; (c) designed to be secured and/or readily handled, having corner fittings for these purposes; (d) of a size such that the area enclosed by the four outer bottom corners is either: (i) at least 14 sq.m. (150 sq.ft.) or Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) (ii) at least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included. 2 Corner fittings means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing. 3 Administration means the Government of a Contracting Party under whose authority containers are approved. 4 Approved means approved by the Administration. 5 Approval means the decision by an Administration that a design type or a container is safe within the terms of the present Convention. 6 International transport means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies. 7 Cargo means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers. 8 New container means a container the construction of which was commenced on or after the date of entry into force of the present Convention. 9 Existing container means a container which is not a new container. 10 Owner means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner’s responsibility for maintenance and examination of the container by such lessee or bailee. 11 Type of container means the design type approved by the Administration. 12 Type-series container means any container manufactured in accordance with the approved design type. 13 Prototype means a container representative of those manufactured or to be manufactured in a design type series. 14 Maximum Operating Gross Weight or Rating or R means the maximum allowable combined weight of the container and its cargo. 15 Tare Weight means the weight of the empty container including permanently affixed ancillary equipment. 16 Maximum Permissible Payload or P means the difference between maximum operating gross weight or rating and tare weight. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) ARTICLE III Application 1 The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport. 2 Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I. 3 Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention. ARTICLE IV Testing, Inspection, Approval and Maintenance 1 For the enforcement of the provisions in Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it. 2 An Administration which entrusts such testing, inspection and approval to an organization shall inform the SecretaryGeneral of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) for communication to Contracting Parties. 3 Application for approval may be made to the Administration of any Contracting Party. 4 Every container shall be maintained in a safe condition in accordance with the provisions of Annex I. 5 If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval. ARTICLE V Acceptance of Approval 1 Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them. 2 A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term “dangerous goods” shall have that meaning assigned to it by international agreements. ARTICLE VI Control 1 Every container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service. 2 Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect. ARTICLE VII Signature, ratification, acceptance, approval and accession 1 The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention. 2 The present Convention is subject to ratification, acceptance or approval by States which have signed it. 3 The present Convention shall remain open for accession by any State referred to in paragraph 1. 4 Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as “the Secretary-General”). Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) ARTICLE VIII Entry into force 1 The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession. 2 For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession. 3 Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State, (a) be considered as a Party to the Convention as amended; and (b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment. ARTICLE IX Procedure for amending any part or parts of the present Convention 1 The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article. 2 Amendment after consideration in the Organization: (a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly. (b) If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance. (c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment. 3 Amendment by a Conference: Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) Upon the request of a Contracting Party, concurred in by at least one-third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary-General. ARTICLE X Special procedure for amending the Annexes 1 Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party. 2 If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a twothirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the SecretaryGeneral to all Contracting Parties for their acceptance. 3 Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one-fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting. 4 On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies. 5 The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this article and the date on which any amendment enters into force. 6 Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to which the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one-third of the other Contracting Parties such a Conference shall be convened by the Secretary-General to consider amendments to the Annexes. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) ARTICLE XI Denunciation 1 Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General. 2 A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment. ARTICLE XII Termination The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months. ARTICLE XIII Settlement of Disputes 1 Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be the Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal. 2 The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute. 3 The arbitration tribunal shall determine its own rules of procedure. 4 Decisions of the arbitration tribunal, both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote. 5 Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) ARTICLE XIV Reservations 1 Reservations to the present Convention shall be permitted, excepting those relating to the provisions of articles I — VI, XIII, the present article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in article VII. 2 Any reservations made in accordance with paragraph 1: (a) modifies for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates to the extent of the reservation; and (b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation. 3 Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General. ARTICLE XV Notification In addition to the notifications and communications provided for in articles IX, X and XIV, the Secretary-General shall notify all the States referred to in article VII of the following: (a) signatures, ratifications, acceptances, approvals and accessions under article VII; (b) the dates of entry into force of the present Convention in accordance with article VIII; (c) the date of entry into force of amendments to the present Convention in accordance with articles IX and X; (d) denunciations under article XI; (e) the termination of the present Convention under article XII. ARTICLE XVI Authentic texts The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in article VII. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention. DONE at Geneva this second day of December, one thousand nine hundred and seventy-two. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) ANNEX I Regulations for the Testing, Inspection, Approval and Maintenance of Containers Chapter I — Regulations Common to All Systems of Approval REGULATION 1 Safety Approval Plate 1. (a) A Safety Approval Plate conforming to the specifications set out in the Appendix of this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged. (b) On each container for which the construction is commenced on or after January 1, 1984 all maximum gross weight markings on the container shall be consistent with the maximum gross weight information on the Safety Approval Plate. (c) On each container for which the construction was commenced before January 1, 1984 all maximum gross weight markings on the container shall be made consistent with the maximum gross weight information on the Safety Approval Plate not later than January 1, 1989. 2. (a) The Plate shall contain the following information in at least the English or French language: “CSC SAFETY APPROVAL” Country of approval and approval reference Date (month and year) of manufacture Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration Maximum operating gross weight (kilogrammes and lbs.) Allowable stacking weight for 1.8 g (kilogrammes and lbs.) Transverse racking test load value (kilogrammes and lbs.). (b) A blank space should be reserved on the Plate for insertion of end-wall and/or side-wall strength values (factors) in accordance with paragraph 3 of this Regulation and Annex II, tests 6 and 7. A blank space should also be reserved on the Plate for the first and subsequent maintenance examination dates (month and year) when used. Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) 3 Where the Administration considers that a new container satisfies the requirements of the present Convention in respect of safety and if, for such container, the end-wall and/or side-wall strength values (factor) are designed to be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate. 4 The presence of the Safety Approval Plate does not remove the necessity of displaying such labels or other information as may be required by other regulations which may be in force. REGULATION 2 Maintenance and Examination 1 The owner of the container shall be responsible for maintaining it in safe condition. 2. (a) The owner of an approved container shall examine the container or have it examined in accordance with the procedure either prescribed or approved by the Contracting Party concerned, at intervals appropriate to operating conditions. (b) The date (month and year) before which a new container shall undergo its first examination shall be marked on the Safety Approval Plate. (c) The date (month and year) before which the container shall be re-examined shall be clearly marked on the container on or as close as practicable to the Safety Approval Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular examination procedure involved. (d) The interval from the date of manufacture to the date of the first examination shall not exceed five years. Subsequent examination of new containers and re-examination of existing containers shall be at intervals of not more than 30 months. All examinations shall determine whether the container has any defects which could place any person in danger. As a transitional provision, any requirements for marking on containers the date of the first examination of new containers or the re-examination of new containers covered in Regulation 10 and of existing containers shall be waived until January 1, 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners. 3. (a) As an alternative to paragraph 2, the Contracting Party concerned may approve a continuous examination programme if satisfied, on evidence submitted by the owner, that such a programme provides a standard of safety not inferior to the one set out in paragraph 2 above. (b) To indicate that the container is operated under an approved continuous examination programme, a mark showing the letters “ACEP” and the identification of the Contracting Party which has granted approval of the Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) programme shall be displayed on the container on or as close as practicable to the Safety Approval Plate. (c) All examinations performed under such a programme shall determine whether a container has any defects which could place any person in danger. They shall be performed in connection with a major repair, refurbishment, or onhire/off-hire interchange and in no case less than once every 30 months. (d) As a transitional provision any requirements for a mark to indicate that the container is operated under an approved continuous examination programme shall be waived until January 1, 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners. 4 For the purpose of this Regulation “the Contracting Party concerned” is the Contracting Party of the territory in which the owner is domiciled or has his head office. However, in the event that the owner is domiciled or has head office in a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made, the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as “the Contracting Party concerned”. The owner shall comply with the conditions for the use of such procedures set by the Administration in question. Chapter II — Regulations for Approval of New Containers by Design Type REGULATION 3 Approval of New Containers To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex II. REGULATION 4 Design Type Approval In the case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform to the requirements set out in Annex II. When satisfied, the Administration shall notify the Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) applicant in writing that the container meets the requirements of the present Convention and this notification shall entitle the manufacturer to affix the Safety Approval Plate to every container of the design type series. REGULATION 5 Provisions for Approval by Design Type 1 Where the containers are to be manufactured by design type series, application made to an Administration for approval by design type shall be accompanied by drawings, a design specification of the type of container to be approved and such other data as may be required by the Administration. 2 The applicant shall state the identification symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates. 3 The application shall also be accompanied by an assurance from the manufacturer that he will: (a) produce to the Administration such containers of the design type concerned as the Administration may wish to examine; (b) advise the Administration of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container; (c) affix the Safety Approval Plate to each container in the design type series and to no others; (d) keep a record of containers manufactured to the approved design type. This record shall at least contain the manufacturer’s identification numbers, dates of delivery and names and addresses of customers to whom the containers are delivered. 4 Approval may be granted by the Administration to containers manufactured as modifications of an approved design type if the Administration is satisfied that the modifications do not affect the validity of tests conducted in the course of design type approval. 5 The Administration shall not confer on a manufacturer authority to affix Safety Approval Plates on the basis of design type approval unless satisfied that the manufacturer has instituted internal production-control features to ensure that the containers produced will conform to the approved prototype. REGULATION 6 Examination during Production In order to ensure that containers of the same design type series are manufactured to the approved design, the Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) Administration shall examine or test as many units as it considers necessary, at any stage during production of the design type series concerned. REGULATION 7 Notification of Administration The manufacturer shall notify the Administration prior to commencement of production of each new series of containers to be manufactured in accordance with an approved design type. Chapter III — Regulations for Approval of New Containers by Individual Approval REGULATION 8 Approval of Individual Containers Approval of individual containers may be granted where the Administration, after examination and witnessing of tests, is satisfied that the container meets the requirements of the present Convention; the Administration, when so satisfied, shall notify the applicant in writing of approval and this notification shall entitle him to affix the Safety Approval Plate to such container. Chapter IV — Regulations for Approval of Existing Containers and New Containers Not Approved at the Time of Manufacture REGULATION 9 Approval of Existing Containers 1 If, within 5 years from the date of entry into force of the present Convention, the owner of an existing container presents the following information to an Administration: (a) date and place of manufacture; (b) manufacturer’s identification number of the container if available; (c) maximum operating gross weight capability; (d) (i) evidence that a container of this type has been safely operated in maritime and/or inland transport for a period of at least two years, or Current to June 20, 2022 Safe Containers Convention SCHEDULE International Convention for Safe Containers (CSC) (ii) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II, with the exception of those technical conditions relating to the endwall and side-wall strength tests, or (iii) evidence that the container was constructed to standards which, in the opinion of the Administration, were equivalent to the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end-wall and side-wall strength tests; (e) allowable stacking weight for 1.8g (kilogrammes and lbs.); and (f) such other data as required for the Safety Approval Plate; then the Administration, after investigation, shall notify the owner in writing whether approval is granted; and if so, this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. 2 Existing containers which do not qualify for approval under paragraph 1 of this Regulation may be presented for approval under the provisions of Chapter II or Chapter III of this Annex. For such containers the requirements of Annex II relating to end-wall and/or side-wall strength tests shall not apply. The Administration may, if it is satisfied that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings and testing, other than the lifting and floor-strength tests, as it may deem appropriate. 3 The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January, 1985. REGULATION 10 Approval of New Containers Not Approved at Time of Manufacture If, on or before 6 September, 1982, the owner of a new container which was not approved at the time of manufacture presents the following information to an Administration: (a) date and place of manufacture; (b) manufacturer’s identification number of the container if available; (c) maximum operating gross weight capability; (d) evidence to the satisfaction of the Administration that the container was manufactured to a design type which Current to June 20, 2022 Safe Containers Convention APPENDIX had been tested and found to comply with the technical conditions set out in Annex II; (e) allowable stacking weight for 1.8 g (kilograms and lbs.); and (f) such other data as required for the Safety Approval Plate; the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II. Where approval is granted, such approval shall be notified to the owner in writing, and this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January, 1985. APPENDIX The Safety Approval Plate, conforming to the model reproduced proof rectangular plate measuring not less than 200 mm by 100 m of 8 mm and all other words and numbers of a minimum height surface of the Plate in any other permanent and legible way. 1 Country of Approval and Approval Reference as given in th ed by means of the distinguishing sign used to indicate country 2 Date (month and year) of manufacture. 3 Manufacturer’s identification number of the container or, known, the number allotted by the Administration. 4 Maximum Operating Gross Weight (kilogrammes and lbs.). 5 Allowable Stacking Weight for 1.8 g (kilogrammes and lbs.). Current to June 20, 2022 Safe Containers Convention APPENDICE (French) 6 Transverse Racking Test Load Value (kilogrammes and lbs.) 7 End Wall Strength to be indicated on plate only if end walls the maximum permissible payload, i.e. 0.4 P. 8 Side Wall Strength to be indicated on plate only if the side times the maximum permissible payload, i.e. 0.6 P. 9 First maintenance examination date (month and year) for (month and year) if Plate used for this purpose. APPENDICE La plaque d’agrément aux fins de la sécurité sera conforme au m plaque rectangulaire fixée à demeure, résistant à la corrosion et à tera, gravés en creux ou en relief, ou inscrits de manière à être l sécurité », en caractères d’au moins 8 mm de hauteur; tous les aut 1 Pays d’agrément et référence de l’agrément comme indiqu indiqué au moyen du signe distinctif utilisé pour indiquer le p tier international). 2 Date (mois et année) de construction. 3 Numéro d’identification du constructeur pour le conteneur ro, numéro attribué par l’Administration. 4 Masse brute maximale de service (kilogrammes et livres ang 5 Charge admissible de gerbage pour 1,8 g (kilogrammes et liv 6 Charge utilisée pour l’essai de rigidité transversale (kilogram 7 Cette indication ne doit être portée sur la plaque que si les rieure ou supérieure à 0,4 fois la charge utile autorisée, à savoir 8 Cette indication ne doit être portée sur la plaque que si les ou supérieure à 0,6 fois la charge utile maximale autorisée, à sa 9 Date (mois et année) du premier examen d’entretien pour le examens d’entretien ultérieurs. Current to June 20, 2022 Safe Containers Convention ANNEX II Structural Safety Requirements and Tests ANNEX II Structural Safety Requirements an Introduction In setting the requirements of this Annex, it is implicit that in a motion, location, stacking and weight of the loaded container an tainer. In particular, the following assumptions have been made: (a) the container will so be restrained that it is not subjected to (b) the container will have its cargo stowed in accordance wit not impose upon the container forces in excess of those for wh Construction 1 A container made from any suitable material which satisfacto nent deformation or abnormality which would render it incapable 2 The dimensions, positioning and associated tolerances of corne ing systems in which they will function. Test loads and test procedures Where appropriate to the design of the container, the following te tainers under test: 1. LIFTING The container, having the prescribed INTERNAL LOADING, sha are applied. After lifting, the container shall be suspended or supp Current to June 20, 2022 Safe Containers Convention ANNEX II Structural Safety Requirements and Tests (A) LIFTING FROM CORNER FITTINGS TEST LOADINGS AND APPLIED FORCES Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 2 R. Externally applied forces: Such as to lift the combined weight of 2 R in the manner prescribed (under the heading TEST PROCEDURES). (B) LIFTING BY ANY OTHER ADDITION TEST LOADINGS AND APPLIED FORCES Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 1.25 R. Externally applied forces: Such as to lift the combined weight of 1.25 R in the manner prescribed (under the heading TEST PROCEDURES). Internal loading: A uniformly distributed load such that the combined weight of containers and test load is equal to 1.25 R. Externally applied forces: Such as to lift the combined weight of 1.25 R, in the manner prescribed (under the heading TEST PROCEDURES). 2. STACKING 1 For conditions of international transport where the maxim when the container is reliably and effectively limited to such appropriate ratio of acceleration forces. Current to June 20, 2022 Safe Containers Convention ANNEX II Structural Safety Requirements and Tests 2 On successful completion of this test the container may b which should be indicated on the Safety Approval Plate agains and lbs.)”. TEST LOADINGS AND APPLIED FORCES Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 1.8 R. Tank containers may be tested in the tare condition. Externally applied forces: Such as to subject each of the four top corner fittings to a vertical downward force equal to 1/4 x 1.8 x the allowable superimposed static stacking weight. 3. CONCENTRATED LOADS (a) ON ROOF TEST LOADINGS AND APPLIED FORCES Internal loading: None. Externally applied forces: A concentrated load of 300 kg (660 lbs.) uniformly distributed over an area of 600 mm x 300 mm (24 in. x 12 in.). (b) ON FLOOR TEST LOADINGS AND APPLIED FORCES Internal loading: Two concentrated loads each of 2,730 kg (6,000 lbs.) and each applied to the container floor through a contact area of 142 cm2 (22 sq. in.) Externally applied forces: None. 4. TRANSVERSE RACKING TEST LOADINGS AND APPLIED FORCES Internal loading: None. Current to June 20, 2022 Safe Containers Convention ANNEX II Structural Safety Requirements and Tests TEST LOADINGS AND APPLIED FORCES Externally applied forces: Such as to rack the end structures of the container sideways. The forces shall be equal to those for which the container was designed. 5. LONGITUDINAL RESTRAINT (STATIC When designing and constructing containers, it must be borne in port may sustain accelerations of 2 g applied horizontally in a long TEST LOADINGS AND APPLIED FORCES Internal loading: A uniformly distributed load, such that the combined weight of a container and test load is equal to the maximum operating gross weight or rating, R. In the case of a tank container, when the weight of the internal load plus the tare is less than the maximum gross weight or rating, R, a supplementary load is to be applied to the container. Externally applied forces: Such as to subject each side of the container to longitudinal compressive and tensile forces of magnitude R, that is, a combined force of 2 R on the base of the container as a whole. 6. END-WALLS The end-walls should be capable of withstanding a load of not les the end-walls are designed to withstand a load of less or greater t factor shall be indicated on the Safety Approval Plate in accordanc TEST LOADINGS AND APPLIED FORCES Internal loading: Such as to subject the inside of an end-wall to a uniformly distributed load of 0.4 P or such other load for which the container may be designed. Externally applied forces: None. 7. SIDE-WALLS The side-walls should be capable of withstanding a load of not les the side-walls are designed to withstand a load of less or greater t factor shall be indicated on the Safety Approval Plate in accordanc Current to June 20, 2022 Safe Containers Convention SCHEDULE II (French) TEST LOADINGS AND APPLIED FORCES Internal loading: Such as to subject the inside of a side-wall to a uniformly distributed load of 0.6 P or such other load for which the container may be designed. Externally applied forces: None. ANNEXE II Règles de construction en matière Introduction Les dispositions de la présente Annexe supposent qu’à aucun sta ments, à la position, au gerbage et au poids du conteneur chargé, nale du conteneur. On a retenu notamment les hypothèses suivan a) le conteneur sera fixé de manière à ne pas être soumis à des b) la cargaison transportée à l’intérieur du conteneur sera ar de transport considéré de manière à ne pas exercer sur le con été conçu. Construction 1 Doit être jugé acceptable, du point de vue de la sécurité, tout c satisfaisante, les essais mentionnés ci-après sans présenter ensui à l’usage auquel on le destine. 2 On vérifie les dimensions, la position et les tolérances corresp levage et d’arrimage avec lesquels elles doivent être utilisées. Charges d’essai et procédures d’es Lorsque le modèle de conteneur s’y prête, les charges d’essai et pr conteneurs présentés aux essais : 1. LEVAGE Le conteneur, chargé du LEST prescrit, est levé de telle manière Après le levage, le conteneur doit rester suspendu ou être soulevé Current to June 20, 2022 Safe Containers Convention SCHEDULE II (French) A) LEVAGE PAR LES PIÈCES DE COIN CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : i Une charge uniformément répartie, telle que la masse totale du conteneur, y compris la charge d’essai, soit égale à 2 R. Forces appliquées à l’extérieur : i De manière à lever la masse totale égale à 2 R, conformément à la procédure prescrite (sous la rubrique PROCÉDURES D’ESSAI). B) LEVAGE PAR DES MÉTHODES FAIS DISPOSITIFS CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : i Une charge uniformément répartie, telle que la masse totale du conteneur, y compris la charge d’essai, soit égale à 1,25 R. Forces appliquées à l’extérieur : De manière à lever la masse totale égale à 1,25 R conformément à la procédure prescrite (sous la rubrique PROCÉDURES D’ESSAI). Charge à l’intérieur du conteneur : i Une charge uniformément répartie, telle que la masse totale du conteneur, y compris la charge d’essai, soit égale à 1,25 R. Forces appliquées à l’extérieur : i De manière à lever la masse totale égale à 1,25 R conformément à la procédure prescrite (sous la rubrique PROCÉDURES D’ESSAI). Current to June 20, 2022 Safe Containers Convention SCHEDULE II (French) 2. GERBAGE 1 Dans les conditions de transport international où les forces g, et lorsque le contenu n’est véritablement et effectivement tr modifiée dans les proportions appropriées, compte tenu des fo 2 Les conteneurs qui ont satisfait à l’essai peuvent être consid surarrimé statique qui doit être indiquée sur la plaque d’agré admissible de gerbage pour 1,8 g (kilogrammes et livres anglais CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : Une charge uniformément répartie, telle que la masse totale du conteneur, y compris la charge d’essai, soit égale à 1,8 R. Les conteneurs-citernes peuvent être mis à l’essai à l’état taré. Forces appliquées à l’extérieur : De manière à soumettre chacune des quatre pièces de coin supérieures à une force égale à 1/4 × 1,8 × la charge admissible de gerbage surarrimé statique appliquée verticalement de haut en bas. 3. CHARGES CONCENTRÉES a) SUR LE TOIT CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : Aucune. L d Charge concentrée de 300 kg (660 livres anglaises) uniformé- r ment répartie sur une surface de 600 mm × 300 mm (24 pouces × 12 pouces). Forces appliquées à l’extérieur : b) SUR LES PLANCHERS CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : Deux charges concentrées de 2 730 kg (6 000 livres anglaises) chacune, appliquées au plancher du conteneur sur une surface de contact de 142 cm2 (22 pouces carrés). Forces appliquées à l’extérieur : Aucune. Current to June 20, 2022 Safe Containers Convention SCHEDULE II (French) 4. RIGIDITÉ TRANSVERSALE CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : Aucune. Forces appliquées à l’extérieur : De manière à exercer une poussée latérale sur les membrures d’extrémité du conteneur. Les forces seront égales à celles pour lesquelles le conteneur a été conçu. 5. SOLLICITATION LONGITUDINALE (E Lors de la conception et de la construction de conteneurs, il doi transports terrestres, à des accélérations de 2 g appliquées longitu CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : Une charge uniformément répartie, telle que la masse totale du conteneur, y compris la charge d’essai, soit égale à la masse brute maximale de service (R). Dans le cas d’un conteneur-citerne, on appliquera une charge supplémentaire lorsque la masse de la charge à l’intérieur du conteneur plus la tare est inférieure à la masse brute maximale de service (R). Forces appliquées à l’extérieur : Forces longitudinales égales à R appliquées à chaque extrémité du conteneur en compression et en traction, c’est-à-dire force totale égale à 2 R pour l’ensemble du conteneur. 6. PAROIS D’EXTRÉMITÉ Les parois d’extrémité doivent pouvoir supporter une charge au m fois, si les parois d’extrémité sont conçues pour supporter une ch admissible, le facteur de résistance sera indiqué sur la plaque d l’Annexe I. CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : De manière à soumettre la surface intérieure d’une paroi d’extrémité à une charge uniformément répartie de 0,4 P ou à toute autre charge pour laquelle le conteneur pourrait être conçu. Current to June 20, 2022 Safe Containers Convention SCHEDULE II (French) CHARGES D’ESSAI ET FORCES APPLIQUÉES Forces appliquées à l’extérieur : Aucune. 7. PAROIS LATÉRALES Les parois latérales doivent pouvoir supporter une charge au moi si les parois latérales sont conçues pour supporter une charge inf sible, le facteur de résistance sera indiqué sur la plaque d’agrémen CHARGES D’ESSAI ET FORCES APPLIQUÉES Charge à l’intérieur du conteneur : De manière à soumettre la surface intérieure d’une paroi latérale à une charge uniformément répartie de 0,6 P ou à toute autre charge pour laquelle le conteneur pourrait être conçu. Forces appliquées à l’extérieur : Aucune. 1980-81-82-83, c. 9, Sch.; SOR/82-156; SOR/83-912. Current to June 20, 2022

CONSOLIDATION The Saskatchewan Natural Resources Acts S.C. 1931, c. 51 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 amend The Saskatchewan Natural Resources Act 1 Short title Agreement confirmed SCHEDULE Memorandum of Agreement Current to June 20, 2022 ii S.C. 1931, c. 51 An Act to amend The Saskatchewan Natural Resources Act [Assented to 3rd August 1931] 1930, c. 41 HIS 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 Saskatchewan Natural Resources Act, No. 2, and The Saskatchewan Natural Resources Act, chapter forty-one of the statutes of 1930 (first session), and this Act may be cited together as The Saskatchewan Natural Resources Acts. Agreement confirmed 2 The agreement set out in the schedule hereto is hereby confirmed and shall take effect according to its terms. Current to June 20, 2022 Saskatchewan Natural Resources SCHEDULE Memorandum of Agreement SCHEDULE Memorandum of Agreement Made this 7th day of August, 1930 Between: The Government of the Dominion of Canada, represented herein by the Honourable Charles Stewart, Minister of the Interior, Of the first part, and The Government of the Province of Saskatchewan, represented herein by the Honourable James Thomas Milton Anderson, Premier of Saskatchewan, Of the second part. Whereas by paragraph 26 of the agreement made between the parties hereto on the 20th day of March, 1930, it was agreed that the provisions of the said agreement might be varied by agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province; And whereas it was further provided by certain clauses of the said agreement, more particularly paragraphs 1, 6, 8, 9, 19, 21, 22 and 25, that the relations of the parties thereto should be altered as in the said agreement specified from and after the date of the coming into force thereof, and the date upon which it was then contemplated that it should come into force, as defined by paragraph 28, has now been ascertained as being the 1st day of August, 1930; And whereas the Government of the Province has requested that the presently existing powers and rights of each of the parties should continue without alteration until the 1st day of October, 1930, and the parties hereto have agreed accordingly: Now Therefore This Agreement Witnesseth that: 1 Notwithstanding anything in the said agreement contained, any expression therein contained which defines a date by reference to which the powers or rights of either of the parties are to be altered shall be read as referring to the 1st day of October, 1930, instead of to the 1st day of August in that year. 2 The Government of Canada will recommend to Parliament and the Government of the Province of Saskatchewan will recommend to the Legislature of the said Province such legislation as may be necessary to give effect to this agreement. In Witness Whereof the Honourable Charles Stewart, Minister of the Interior, has hereunto set his hand on behalf of the Dominion of Canada, and the Honourable James Thomas Milton Anderson, Premier of Saskatchewan, has hereunto set his hand on behalf of the said Province. Current to June 20, 2022 Saskatchewan Natural Resources SCHEDULE Memorandum of Agreement Signed on behalf of the Government of Canada by the Honourable Charles Stewart, Minister of the Interior, in the presence of CHAS. STEWART W. J. F. PRATT Signed on behalf of the Province of Saskatchewan by the Honourable James Thomas Milton Anderson, Premier of the said J. T. M. ANDERSON Province, in the presence of W. W. CORY Current to June 20, 2022

CONSOLIDATION Spending Control Act S.C. 1992, 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 respecting the control of government expenditures Short Title 1 Short title Interpretation 2 Definitions General 3 Budgets within spending limits Justified increased spending Determination of excess spending Statement in Public Accounts Information on adjustments to spending limits Report of Auditor General Minor differences ignored Future application Inconsistent laws Current to June 20, 2022 ii S.C. 1992, c. 19 An Act respecting the control of government expenditures [Assented to 18th 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 Spending Control Act. Interpretation Definitions 2 In this Act, controlled fiscal year means a fiscal year referred to in the definition “spending limit”; (exercice déterminé) Crown corporation has the meaning assigned by subsection 83(1) of the Financial Administration Act; (société d’État) emergency means an urgent and critical situation that (a) is caused by drought, earthquake, fire, flood, storm, act of intimidation or coercion, threat to the security of Canada, real or imminent use of force or violence, war, armed conflict, accident or other occurrence, (b) is so severe, or of such severity in its effect on life, property, the economy of Canada or a region thereof or the environment, as to constitute a matter of serious national concern, and Current to June 20, 2022 Spending Control Interpretation Section 2 (c) is declared by order of the Governor in Council to be an emergency for the purposes of this Act; (état d’urgence) expenditure in a fiscal year means a charge in respect of a net budgetary expenditure as shown in the statement of revenues and expenditures of the government for the year; (dépense) government means the Government of Canada; (Version anglaise seulement) Minister means the Minister of Finance; (ministre) program spending of the government for a fiscal year means all expenditures in the year, other than (a) costs associated with the servicing or repayment of debts incurred by the government under Acts of Parliament authorizing the borrowing of money by the government and of other public debt charges on specified-purpose accounts and other accounts, (b) expenditures made in the operation of programs carried on under the Employment Insurance Act but not including any amounts that are required to be paid or contributed by the government as employer’s premiums under that Act, (c) expenditures made under subsection 13(3) of the Farm Income Protection Act, (d) expenditures made under subsection 17(1) of the Farm Income Protection Act, (e) expenditures made as a direct result of an emergency, (f) expenditures for specific programs that result from the revision of data provided for a period ending, or in respect of a date, before April 1991, (g) expenditures made in satisfaction or settlement of judgments of courts against the government in respect of claims arising before April 1991 and that are identified as such in the Public Accounts, and (h) payments made under sections 10 and 11 of the Seized Property Management Act; (dépenses de programmes) spending limit for a fiscal year means (a) in the case of the 1991-92 fiscal year, $97,200,000,000, plus all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, Current to June 20, 2022 Spending Control Interpretation Sections 2-3 (b) in the case of the 1992-93 fiscal year, $100,900,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(6)(b) or subsection 6(3), (c) in the case of the 1993-94 fiscal year, $104,100,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or (6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3), (d) in the case of the 1994-95 fiscal year, $107,400,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2), paragraph 3(3)(b) or (6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3), and (e) in the case of the 1995-96 fiscal year, $111,250,000,000, plus all amounts by which the spending limit for the year is increased under subsection 3(2) or (4), paragraph 3(6)(a) or subsection 6(4) and all increased expenditures for specific programs that have been certified under subsection 4(1) for the year, minus all amounts by which the spending limit for the year is reduced under paragraph 3(3)(a) or (6)(b) or subsection 6(3). (plafond) 1992, c. 19, s. 2; 1993, c. 37, s. 30; 1996, c. 23, s. 187. General Budgets within spending limits 3 (1) Subject to subsections (2) to (5), the Minister shall not present a budget for a controlled fiscal year that proposes program spending for any controlled fiscal year in excess of the spending limit for the year. Allocation of underspending from preceding year (2) Where, in the budget for a particular controlled fiscal year, the Minister announces that, on the basis of information relating to expenditures for the controlled fiscal year immediately preceding the particular year received up to the time of the presentation of the budget, it Current to June 20, 2022 Spending Control General Section 3 appears that the spending limit for the preceding year, determined without reference to this subsection, will exceed the program spending for the preceding year, the Minister may, in the budget, allocate all or part of that excess to the particular year and, in that event, the spending limit for the particular year shall be increased by the amount so allocated. Allocation of excess spending (3) The Minister may, in a budget for a particular controlled fiscal year, propose program spending for the particular year that exceeds the spending limit for the particular year if, in the budget, the Minister allocates the excess to the two next following controlled fiscal years in such proportions as the Minister shall determine and announce in the budget and, in that event, (a) the spending limit for each of the two following years shall be reduced by the portion of the excess so allocated to it; and (b) the spending limit for the particular year shall be increased by the total of all amounts so allocated to a following year. Excess spending in 1995-96 fiscal year (4) The Minister may, in the budget for the 1995-96 fiscal year, propose program spending for the year that exceeds the spending limit for the year if, in the budget, the Minister indicates restraint measures that the government intends to take over the 1996-97 or 1997-98 fiscal years, or both, to compensate for the excess and, in that event, the spending limit for the 1995-96 fiscal year shall be increased by the amount of the excess. Proposed amendments to cover excess spending (5) The Minister may present a budget for a controlled fiscal year that proposes program spending for any particular controlled fiscal year that exceeds the spending limit for the particular year if, at the same time, the Minister announces proposed amendments to this Act to increase that spending limit and, in that event, the proposed program spending for the particular year may exceed the spending limit for the particular year if it does not exceed the spending limit for the particular year as it would be if the proposed amendments were in effect. Proposed underspending (6) Where the Minister presents a budget for a particular controlled fiscal year that proposes program spending for the particular year that is less than the spending limit for the particular year, determined without reference to this subsection, the Minister may allocate all or part of the difference to such of the following controlled fiscal years Current to June 20, 2022 Spending Control General Sections 3-5 as the Minister shall determine and announce in that budget or any budget for a following controlled fiscal year and, in that event, (a) the spending limit for each of the following years shall be increased by the amount so allocated to it; and (b) the spending limit for the particular year shall be reduced by the total of all amounts so allocated to a following year. Justified increased spending 4 (1) The President of the Treasury Board may certify that a proposed increase in the expenditures for a specific program for a controlled fiscal year is justified by reason of good management if the President is satisfied that it may reasonably be expected (a) that the proposed increase will result in an increase in the revenues of the government for the year that is equal to or greater than the proposed increase in the expenditures for the year, and that the increase in revenues for the year would not occur if the proposed increase in the expenditures for the year is not made; or (b) that, if increases in expenditures for the program that are similar in character to the proposed increase are authorized over a series of consecutive fiscal years that includes the controlled fiscal year and that is specified in the certificate, those increases in expenditures will result in a total of increases in the revenues of the government for those consecutive years that is equal to or greater than the total of those increases in expenditures, and that those increases in revenues for those consecutive years would not occur if those increases in expenditures for those consecutive years are not made. Publication of certificate (2) Where a certificate is issued under subsection (1) in respect of a proposed increase in the expenditures for a specific program for a controlled fiscal year, a copy of the certificate shall be set out in or attached to the main estimates or supplementary estimates for the year in which there is an appropriation for the program that includes the increase. Determination of excess spending 5 For the purposes of this Act, the spending excess for a controlled fiscal year is the greater of nil and the amount determined by the formula A-B-C where Current to June 20, 2022 Spending Control General Sections 5-6 A is the program spending for the year; B is the total of (a) all amounts each of which is the amount, if any, by which (i) the value, net of any related allowance, of shares in the capital stock of a Crown corporation, or of a corporation that was previously a Crown corporation or that is a successor to a Crown corporation, that were sold in the year, as shown in the statement of assets and liabilities of Canada as at March 31 immediately before the time of the sale exceeds (ii) the net proceeds of disposal of the shares, and (b) all amounts each of which is the amount, if any, by which (i) the value, net of any related allowance, of shares of, or the interest of the government in, a particular Crown corporation, or a particular corporation that was previously a Crown corporation or a successor to a Crown corporation, that has been wound up, as shown in the statement of assets and liabilities of Canada as at March 31 immediately before the commencement of the winding-up exceeds (ii) the total value of all financial assets received in the controlled fiscal year by the government on the winding-up of the particular Crown corporation or the particular corporation; and C is the spending limit for the year. Statement in Public Accounts 6 (1) The Public Accounts for each controlled fiscal year shall contain a statement by the Minister respecting compliance with this Act in that year. Information in statement (2) The statement in the Public Accounts for a controlled fiscal year shall identify (a) all amounts that are included in the total used for B in the formula set out in section 5 for the year; (b) all amounts certified under subsection 4(1) for the year; and (c) all expenditures of the types described in paragraphs (a) to (h) of the definition “program spending” in section 2. Current to June 20, 2022 Spending Control General Sections 6-9 Allocation of spending excess (3) Where the statement in the Public Accounts for a controlled fiscal year indicates that there is a spending excess for the year, the Minister shall, not later than the time of presentation of the next budget, allocate the excess to the two next following controlled fiscal years in such proportions as the Minister shall determine, and the spending limit of each of the two following years shall be reduced by the portion of the excess so allocated to it. Effect of underspending (4) Where the statement in the Public Accounts for a controlled fiscal year indicates that the spending limit for the year exceeds the program spending for the year, the Minister may, in any budget for a controlled fiscal year presented after the publication of the Accounts, allocate all or part of the excess, to the extent that it has not been allocated earlier under subsection 3(2) or this subsection, to such of the following controlled fiscal years as the Minister may determine and announce in that budget and, in that event, the spending limit for each of the following years shall be increased by the amount so allocated to it. 1992, c. 19, s. 6; 1994, c. 26, s. 66. Information on adjustments to spending limits 7 In each budget for a particular controlled fiscal year presented after the coming into force of this Act, the Minister shall indicate the spending limit for each controlled fiscal year as adjusted in accordance with this Act to the date of the budget, including any adjustment required because of the program spending proposed for the particular year in the budget, with an explanation of each adjustment that has been made to a spending limit for a controlled fiscal year. Report of Auditor General 8 In auditing the accounts of Canada, the Auditor General of Canada shall examine the statement referred to in subsection 6(1) and shall give an opinion, with any reservations that the Auditor General may have, as to whether the statement fairly presents information in accordance with this Act and the stated accounting policies of the government on a basis consistent with that of the preceding year. Minor differences ignored 9 For the purposes of this Act, any difference between (a) the program spending or proposed program spending for a controlled fiscal year, and (b) the spending limit for the year Current to June 20, 2022 Spending Control General Sections 9-11 that is less than 0.1 per cent of the spending limit for the year shall be deemed to be nil. Future application 10 At the time of the presentation of the budget for the 1994-95 fiscal year, the Minister shall present to Parliament a recommendation as to whether this Act should be amended to extend its application beyond the 1995-96 fiscal year. Inconsistent laws 11 In the event of any inconsistency between the provisions of this Act and the provisions of any other law, the provisions of this Act prevail unless that other law expressly states that it has effect notwithstanding this Act. Current to June 20, 2022

CONSOLIDATION Security Screening Services Commercialization Act S.C. 2019, c. 29, s. 270 NOTE [Enacted by section 270 of chapter 29 of the Statutes of Canada, 2019, sections 14, 16 to 24, 37 to 42 and 44 to 46 and subsection 47(1) not in force.] 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”. Shaded provisions in this document are not in force. Current to June 20, 2022 TABLE OF PROVISIONS An Act respecting the commercialization of security screening services Short Title 1 Short title Interpretation and Application 2 Definitions Publishing Aeronautics Act Exception Her Majesty 6 Binding on Her Majesty Designated Screening Authority 7 Designation Not an Agent of Her Majesty Head office Official Languages Act Canada’s international obligations Amendment of articles of incorporation Financial statements Information respecting charges Service standards Powers of Minister 16 Directions Confidential information Security Screening Services 18 Obligation Provision of space Agreement Screening contractor Criteria Prohibition Current to June 20, 2022 ii Security Screening Services Commercialization TABLE OF PROVISIONS Charges Imposition and Establishment 24 Imposition of charges Establish, revise or terminate charges Charging principles Increase — Consumer Price Index Minister’s approval of charges Notice of proposal Withdrawal of proposal Notice of Objection 31 Notice of objection — paragraph 24(1)(a) Determination by Agency General Provisions 33 Confidential information No mediation Determination final No policy directions issued to Agency Collection and Remittance 37 Duty to collect Duty to remit Charge revised after paid Refund Seizure and Detention of Aircraft 41 Seizure and detention of aircraft Exempt aircraft Enforcement 43 Court order — section 12 Court order — direction Court order — subsection 18(1) Offence — section 23 Offence — direction Due diligence Imprisonment precluded Regulations 50 Governor in Council Current to June 20, 2022 iv Security Screening Services Commercialization TABLE OF PROVISIONS Five-year Review 51 Review of Act Transitional Provisions 52 Sale or disposition of assets and liabilities Directives Proceeds of disposition Financial Administration Act Part X of Financial Administration Act Canadian Air Transport Security Authority Act Regulations and places designated Transition period payments Minister’s approval of initial charges Closing out of affairs Dissolution Current to June 20, 2022 v S.C. 2019, c. 29, s. 270 An Act respecting the commercialization of security screening services [Assented to 21st June 2019] Short Title Short title 1 This Act may be cited as the Security Screening Services Commercialization Act. Interpretation and Application Definitions 2 (1) The following definitions apply in this Act. Agency means the Canadian Transportation Agency. (Office) designated screening authority means the body corporate designated under section 7. (administration de contrôle désignée) Minister means the Minister of Transport. (ministre) screening contractor means a person or entity authorized under section 21 by the designated screening authority to conduct screening. (fournisseur de services de contrôle) screening officer means an individual who is employed by the designated screening authority or a screening contractor to conduct screening. (agent de contrôle) state aircraft means an aircraft, other than an aircraft operated for commercial purposes, that is owned and operated by the government of a country or the government of a colony, dependency, province, state, territory or municipality of a country. (aéronef d’État) Current to June 20, 2022 Security Screening Services Commercialization Act Interpretation and Application Sections 2-7 transfer date means the day specified as the transfer date in an agreement between the Canadian Air Transport Security Authority and the designated screening authority. (date de cession) Words and expressions — Aeronautics Act (2) Unless the context requires otherwise, words and expressions used in this Act have the same meaning as in the Aeronautics Act and aviation security regulations. Publishing 3 Any obligation under this Act for the designated screening authority to publish information or a document is satisfied if (a) the information or document is published on its website; and (b) the information or document is made available on request at its head office. Aeronautics Act 4 Nothing in this Act affects the application of the Aeronautics Act. Exception 5 This Act does not apply in respect of any aerodrome or aircraft operated by or under the authority of the Minister of National Defence. Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province. Designated Screening Authority Designation 7 The Governor in Council may, by order, designate a body corporate incorporated under the Canada Not-forprofit Corporations Act as the designated screening authority for the purposes of this Act. Current to June 20, 2022 Security Screening Services Commercialization Act Designated Screening Authority Sections 8-13 Not an Agent of Her Majesty 8 The designated screening authority is not an agent of Her Majesty in right of Canada. Head office 9 The designated screening authority must have its head office in Canada. Official Languages Act 10 The Official Languages Act applies to the designated screening authority as if it were a federal institution. Canada’s international obligations 11 The designated screening authority must take any measure that the Minister considers necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics. Amendment of articles of incorporation 12 (1) The designated screening authority must not amend its articles of incorporation without the prior written approval of the Minister. Amendment or repeal of by-laws (2) The designated screening authority must not amend or repeal a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal without the prior written approval of the Minister. Inconsistency (3) The designated screening authority must not make a by-law if that by-law would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. The designated screening authority must not amend or repeal a by-law that does not require the Minister’s approval to amend or repeal if the amendment or repeal would be inconsistent with a bylaw or any part of a by-law that requires the Minister’s approval to amend or repeal. Financial statements 13 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish its audited financial statements for that financial year and provide the Minister with a copy. Current to June 20, 2022 Security Screening Services Commercialization Act Designated Screening Authority Sections 14-16 Information respecting charges 14 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish the following information in relation to charges referred to in subsection 24(1): (a) the amount of each charge; (b) the circumstances in which each charge applies; (c) the formula or other method used to determine the amount of each charge; (d) any policy respecting the refund of charges imposed under paragraph 24(1)(a). Service standards 15 At least once every year beginning on the first anniversary of the transfer date, the designated screening authority must, in respect of each aerodrome that is designated by the regulations and at which more than 500,000 passengers emplaned in the previous year, publish service standards with respect to the screening of passengers, a report on average monthly passenger wait times and a report on the results of passenger satisfaction surveys. Powers of Minister Directions 16 (1) The Minister may issue a written direction to the designated screening authority on any matter respecting aviation security. Duty to consult (2) Before issuing a direction, the Minister must consult the designated screening authority with respect to the content of the direction and the time at which it will be issued. Direction binding (3) The designated screening authority and its directors, officers and employees must comply with a direction as soon as feasible. Compliance with a direction is deemed to be in the designated screening authority’s best interests. Notice of implementation (4) The designated screening authority must notify the Minister as soon as feasible after a direction has been implemented. Current to June 20, 2022 Security Screening Services Commercialization Act Powers of Minister Sections 16-18 Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a direction. Confidential information 17 The designated screening authority and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to aviation security or public security, including financial and other data that might reveal that information. Security Screening Services Obligation 18 (1) The designated screening authority must take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening checkpoints, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport. Restricted areas (2) For the purposes of subsection (1), a restricted area is an area designated as a restricted area under the Aeronautics Act (a) at an aerodrome designated by the regulations; or (b) at any other place, including any other aerodrome, designated by the Minister under subsection (3). Designation (3) The Minister may, by order, designate a place for the purposes of paragraph (2)(b). Non-application of Statutory Instruments Act (4) The Statutory Instruments Act does not apply to an order made under subsection (3). Public interest (5) The designated screening authority must carry out its obligation under this section in the public interest, having due regard to the interest of the travelling public. Current to June 20, 2022 Security Screening Services Commercialization Act Security Screening Services Sections 18-21 Safety of public (6) The screening referred to in subsection (1) is deemed for all purposes to be a service that is necessary to prevent an immediate and serious danger to the safety of the public. Provision of space 19 Every operator of an aerodrome designated by the regulations and every person responsible for a place designated under subsection 18(3) must provide space at the aerodrome or place to the designated screening authority and maintain that space free of charge. The operator or person must also provide services in relation to that space that are reasonably required by the designated screening authority at a reasonable cost agreed to by the operator or person and the designated screening authority. Agreement 20 The designated screening authority and the person responsible for a place designated under subsection 18(3) must enter into an agreement respecting the provision of security screening services under section 18. Screening contractor 21 (1) The designated screening authority may authorize a person or entity to conduct the screening referred to in section 18 on its behalf, subject to any terms and conditions that the designated screening authority may establish. Factors (2) The designated screening authority may authorize a person or entity to conduct screening only if it is satisfied that the person or entity can meet the terms and conditions established by the designated screening authority and conduct the screening efficiently and effectively, having regard to the following factors: (a) the cost and service advantages; (b) the person or entity’s capability to conduct the screening; (c) the manner in which the screening would be integrated with other security functions. Restriction (3) A screening contractor must not authorize a person or entity, other than a screening officer, to conduct the screening referred to in section 18 on its behalf. Current to June 20, 2022 Security Screening Services Commercialization Act Security Screening Services Sections 22-24 Criteria 22 (1) The designated screening authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers and that criteria must be as stringent as or more stringent than the standards established in aviation security regulations and security measures made under the Aeronautics Act. Certification (2) The designated screening authority must certify all screening contractors and screening officers against the criteria established under subsection (1). Varying, suspending or cancelling certification (3) If the designated screening authority determines that a screening contractor or screening officer no longer meets the criteria in respect of which they were certified, the designated screening authority may vary, suspend or cancel their certification. Prohibition 23 It is prohibited for any person, other than the designated screening authority or a person or entity authorized by the designated screening authority, to provide security screening services referred to in section 18. Charges Imposition and Establishment Imposition of charges 24 (1) The designated screening authority may impose charges for security screening services that it makes available or provides under section 18 at aerodromes designated by the regulations that are to be paid by or in respect of (a) passengers who are required to undergo screening under the Aeronautics Act; and (b) persons, other than passengers, who are required to undergo screening under that Act. Exception — paragraph (1)(a) (2) A charge must not be imposed under paragraph (1)(a) in respect of the following passengers: (a) a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Sections 24-26 set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act; (b) a child under the age of two years, unless that child has been issued a ticket that entitles them to occupy a seat; (c) a passenger who is transported on a state aircraft of a foreign country, unless the foreign country is designated under subsection (5); (d) any other person prescribed by regulation. Exception — paragraph (1)(b) (3) A charge must not be imposed under paragraph (1)(b) in respect of a person prescribed by regulation. Charges collected by air carrier (4) A charge imposed under paragraph (1)(a) may be collected only in accordance with section 37, unless the charge is to be paid by or in respect of a passenger who is transported on a state aircraft of a foreign country that is designated under subsection (5). Designation (5) The Governor in Council may, by order, designate any foreign country for the purposes of paragraph (2)(c) and subsection (4). Establish, revise or terminate charges 25 The designated screening authority may establish, revise or terminate charges. Charging principles 26 (1) The designated screening authority must observe the following principles when it establishes, revises or terminates charges: (a) that charges must not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the designated screening authority’s current and future financial requirements related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; (b) that charges must be established, revised or terminated in accordance with an explicit methodology — that includes any conditions affecting the charges — that the designated screening authority has established and published; (c) that, unless authorized by the Minister, charges imposed under paragraph 24(1)(a) must be the same Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Section 26 in respect of all passengers, except that the designated screening authority may impose different charges based on whether passengers are travelling from an aerodrome within Canada to an aerodrome within Canada, from an aerodrome within Canada to an aerodrome within the United States or from an aerodrome within Canada to an aerodrome outside of Canada, other than an aerodrome in the United States; (d) that charges may be used only to recover costs for security screening services made available or provided under section 18 at aerodromes designated by the regulations; (e) that charges must be structured in a way that does not differentiate between Canadian air carriers and foreign air carriers, among Canadian air carriers or among foreign air carriers; (f) that charges must be consistent with Canada’s international obligations in respect of aeronautics; (g) that charges should be structured in a way that prioritizes aviation security and the competitiveness of the air transportation system. Financial requirements (2) For the purposes of paragraph (1)(a), financial requirements include the following: (a) operations and maintenance costs; (b) management and administration costs; (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money; (d) capital costs and depreciation costs on capital assets; (e) financial requirements necessary for the designated screening authority to maintain an appropriate credit rating; (f) tax liability; (g) reasonable reserves for future expenditures and contingencies; (h) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign. Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Sections 26-27 Deduction (3) For the purposes of paragraph (1)(a), an amount equal to the aggregate of the following amounts is to be deducted from the designated screening authority’s financial requirements: (a) all grants and contributions received by the designated screening authority; (b) all transition period payments referred to in section 59 received by the designated screening authority; (c) all interest and investment income earned by the designated screening authority; (d) all profits earned by the designated screening authority, other than in respect of security screening services made available or provided under section 18 at aerodromes designated by the regulations. Methodology (4) The methodology referred to in paragraph (1)(b) must include (a) the amount of each charge; (b) the circumstances in which each charge applies; and (c) the formula or other method used to determine the amount of each charge. Increase — Consumer Price Index 27 (1) The designated screening authority may increase a charge — annually or in respect of a period of more than one year but not more than five years after the day on which the charge took effect — in accordance with (a) in the case of an annual increase, the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the previous year; or (b) in the case of an increase in respect of a period, the aggregate of the annual percentage increases to the Consumer Price Index, rounded to the next 0.10%, for that period. Proposal submitted to Agency (2) The designated screening authority must submit a proposal to increase a charge in accordance with subsection (1) to the Agency for a determination of whether the proposed increase is in accordance with that subsection. Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Sections 27-28 Limit (3) In making a determination, the Agency may only consider whether the proposal is in accordance with subsection (1). Agency determination (4) The Agency must make a determination within 30 days after the day on which it receives the proposal and must notify the designated screening authority in writing of its determination. Publication (5) The designated screening authority must not publish a notice of the proposal under section 29 until after it is notified of the Agency’s determination. If the Agency does not make a determination within the 30-day period, the designated screening authority may publish the notice after the day on which that period expires. Definition of Consumer Price Index (6) In this section, Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. Minister’s approval of charges 28 (1) The Minister may, on request of the designated screening authority, approve a proposal to establish or increase a charge if the Minister is of the opinion that (a) implementing a direction issued under section 16 or complying with a new requirement in a security measure, emergency direction or interim order made under the Aeronautics Act has increased or will increase the designated screening authority’s costs related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; and (b) the designated screening authority observed the charging principles in its proposal to establish or increase the charge. Request before publication (2) The designated screening authority must make the request before it publishes a notice of the proposal under section 29. Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Sections 28-29 Minister’s decision (3) The Minister must make a decision within 30 days after the day on which he or she receives a request and must notify the designated screening authority in writing of his or her decision. Notice of proposal 29 (1) The designated screening authority must publish a notice of any proposal to establish, revise or terminate a charge, including a proposal referred to in section 27 or 28. The designated screening authority must provide the Agency with a copy of the notice no later than the day on which it is published. Contents of notice (2) The notice must (a) describe the proposal, including the methodology, the proposed amount of the charge and the circumstances in which the charge would apply; (b) specify the date on which the charge or its termination would take effect; (c) set out the designated screening authority’s reasons for establishing, revising or terminating the charge in relation to the charging principles; (d) in the case of a proposal to increase a charge in accordance with section 27, indicate whether the Agency determined that the proposal is in accordance with subsection 27(1); (e) in the case of a proposal referred to in section 28, indicate that the Minister approved the proposal; and (f) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), indicate that a notice of objection may be filed under one of those subsections. Effective date (3) The date on which a charge or its termination would take effect must not be before (a) in the case of a proposal in respect of which a person may file a notice of objection under subsection 31(1) or (2), the 121st day after the day on which the notice is published; and (b) in the case of any other proposal, the 31st day after the day on which the notice is published. Current to June 20, 2022 Security Screening Services Commercialization Act Charges Imposition and Establishment Sections 29-31 Duty to inform air carriers (4) The designated screening authority must, no later than the day on which a notice of a proposal is published, inform air carriers who are or will be required to collect charges under section 37. Withdrawal of proposal 30 (1) The designated screening authority may withdraw a proposal to establish, revise or terminate a charge, other than a proposal referred to in any of sections 27, 28 and 60. Limitation (2) The designated screening authority may (a) withdraw a proposal to establish or increase a charge no later than the earlier of (i) the day on which the Agency makes a determination under section 32, and (ii) the 30th day before the day on which the charge would take effect; and (b) withdraw any other proposal no later than the 30th day before the day on which the charge or its termination would take effect. Notice of withdrawal (3) The designated screening authority must publish a notice of the withdrawal and provide the Agency with a copy. If the designated screening authority is withdrawing a proposal to revise or terminate a charge, the notice of withdrawal must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Effect of withdrawal (4) If the designated screening authority withdraws a proposal, the proposed charge or termination does not take effect. Notice of Objection Notice of objection — paragraph 24(1)(a) 31 (1) Any interested person may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in paragraph 24(1)(a), file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated Current to June 20, 2022 Security Screening Services Commercialization Act Charges Notice of Objection Sections 31-32 screening authority did not observe one or more of the charging principles. Notice of objection — paragraph 24(1)(b) (2) A person who will be required to pay a charge referred to in paragraph 24(1)(b) or a person in respect of whom the charge will be imposed may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in that paragraph, file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles. Exception (3) Subsections (1) and (2) do not apply in respect of a proposal to establish or increase a charge if the designated screening authority published a notice of the proposal in accordance with subsection 27(5) or the Minister approved the proposal under section 28 or 60. Contents of notice of objection (4) A notice of objection must include the reasons for which the person filing the notice considers that the designated screening authority did not observe the charging principles. Notification by Agency (5) As soon as feasible after beginning a review of a proposal, the Agency must notify the Minister and the designated screening authority that it is reviewing the proposal. Determination by Agency 32 (1) If a notice of objection is filed with the Agency, the Agency must determine whether the designated screening authority observed all of the charging principles. Time limit (2) The Agency must make a determination as expeditiously as possible but no later than 90 days after the day on which the first notice of objection was filed. Proposal rejected (3) If the Agency determines that the designated screening authority did not observe the charging principles, the Agency must reject the proposal and the proposed charge does not take effect. Current to June 20, 2022 Security Screening Services Commercialization Act Charges Notice of Objection Sections 32-35 Notice of rejection (4) As soon as feasible after it is informed that the Agency rejected a proposal, the designated screening authority must publish a notice indicating that the proposal has been rejected. If the proposal was to increase a charge, the notice must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount. Proposal approved (5) If the Agency determines that the designated screening authority observed the charging principles, the Agency must approve the proposal and the charge takes effect on the date specified in the notice published under section 29. Determination and reasons (6) The Agency must give its determination and the reasons for it in writing. Copy to Minister (7) The Agency must provide the Minister with a copy of its determination and the reasons for it immediately after the determination is made. General Provisions Confidential information 33 The Agency must take any measures necessary to maintain the confidentiality of any commercial, financial, scientific or technical information provided to the Agency in respect of a proceeding under this Act if the information has consistently been treated as confidential by any interested person or entity. No mediation 34 Section 36.1 of the Canada Transportation Act does not apply to a proceeding before the Agency under this Act. Determination final 35 A determination made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply in respect of it. Current to June 20, 2022 Security Screening Services Commercialization Act Charges General Provisions Sections 36-41 No policy directions issued to Agency 36 Sections 24 and 43 of the Canada Transportation Act do not apply in respect of the powers, duties and functions of the Agency under this Act. Collection and Remittance Duty to collect 37 (1) An air carrier must collect, on behalf of the designated screening authority, a charge imposed under paragraph 24(1)(a) at the time a ticket is issued by or on behalf of the air carrier. Requirement (2) A charge that is collected under subsection (1) must be identified on the ticket as a separate charge. Duty to remit 38 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority. Charge revised after paid 39 If the amount of a charge imposed under paragraph 24(1)(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued. Refund 40 The designated screening authority may refund a charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge. Seizure and Detention of Aircraft Seizure and detention of aircraft 41 (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening Current to June 20, 2022 Security Screening Services Commercialization Act Seizure and Detention of Aircraft Sections 41-43 authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority. Application ex parte (2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it. Release (3) The designated screening authority must release from detention an aircraft seized under this section if (a) the amount in respect of which the seizure was made is paid; (b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or (c) an order of a superior court directs the designated screening authority to do so. Exempt aircraft 42 (1) An order issued under section 41 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated. State aircraft are exempt (2) State aircraft are exempt from seizure and detention under an order issued under section 41. Enforcement Court order — section 12 43 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated Current to June 20, 2022 Security Screening Services Commercialization Act Enforcement Sections 43-48 screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office. Court order — direction 44 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances. Court order — subsection 18(1) 45 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances. Offence — section 23 46 Every person who contravenes section 23 is guilty of an offence punishable on summary conviction and is liable (a) in the case of an individual, to a fine of not more than $5,000; or (b) in the case of a corporation, to a fine of not more than $25,000 for each day or part of a day that the offence continues. Offence — direction 47 (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues. Offence — subsection 29(1) (2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues. Due diligence 48 A person is not to be found guilty of an offence under section 46 or 47 if they establish that they exercised due diligence to prevent the commission of the offence. Current to June 20, 2022 Security Screening Services Commercialization Act Enforcement Sections 49-52 Imprisonment precluded 49 If a person is convicted of an offence under section 46 or 47, imprisonment is not to be imposed in default of payment of any fine imposed as punishment in relation to the offence. Regulations Governor in Council 50 The Governor in Council may make regulations (a) designating aerodromes for the purposes of this Act; (b) prescribing persons or categories of persons for the purposes of paragraph 24(2)(d) or subsection 24(3); (c) respecting the collection of charges under section 37 and the remittance of charges under section 38; (d) requiring the designated screening authority to provide the Minister with any information that the Minister may request; and (e) generally for carrying out the purposes and provisions of this Act. Five-year Review Review of Act 51 (1) A review of the provisions and operation of this Act must be completed by the Minister during the fifth year after the transfer date. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Transitional Provisions Sale or disposition of assets and liabilities 52 The Canadian Air Transport Security Authority may, with the approval of the Governor in Council and on any terms and conditions that the Governor in Council considers appropriate, (a) sell or otherwise dispose of some or all of its assets and liabilities to the designated screening authority; and Current to June 20, 2022 Security Screening Services Commercialization Act Transitional Provisions Sections 52-56 (b) do anything that is necessary for, or incidental to, a measure referred to in paragraph (a). Directives 53 (1) The Governor in Council may, on the recommendation of the Minister and on any terms and conditions that the Governor in Council considers appropriate, issue a written directive to the Canadian Air Transport Security Authority to take any measure referred to in section 52. Time limit (2) The Governor in Council may issue a directive only before the transfer date. Directive binding (3) The Canadian Air Transport Security Authority and its directors, officers and employees must comply with a directive as soon as feasible. Compliance with a directive is deemed to be in the Canadian Air Transport Security Authority’s best interests. Notice of implementation (4) The Canadian Air Transport Security Authority must notify the Minister as soon as feasible after a directive has been implemented. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a directive. Proceeds of disposition 54 The Canadian Air Transport Security Authority must pay the proceeds from a sale or other disposition of assets or liabilities under section 52 to the Receiver General. Financial Administration Act 55 Section 89 of the Financial Administration Act does not apply to any measure referred to in section 52. Part X of Financial Administration Act 56 The Governor in Council may, by order, declare that any provision of Part X of the Financial Administration Act does not apply to or in Current to June 20, 2022 Security Screening Services Commercialization Act Transitional Provisions Sections 56-60 respect of the Canadian Air Transport Security Authority. Canadian Air Transport Security Authority Act 57 Beginning on the transfer date, sections 6 to 9, 27 to 30.1 and 34 of the Canadian Air Transport Security Authority Act are suspended. Regulations and places designated 58 On the transfer date, regulations made under paragraph 34(a) of the Canadian Air Transport Security Authority Act are deemed to have been made under section 50 of this Act and any place designated by the Minister under subsection 6(1.1) of that Act is deemed to be designated under subsection 18(3) of this Act. Transition period payments 59 (1) The Minister may enter into an agreement with the designated screening authority regarding transition period payments by Her Majesty in right of Canada to the designated screening authority after the transfer date. Appropriation (2) There is appropriated the sum of $872,000,000, or any greater amount that is authorized from time to time under an appropriation Act, to be paid out of the Consolidated Revenue Fund from time to time as required for the purpose of implementing an agreement referred to in subsection (1). Minister’s approval of initial charges 60 (1) The designated screening authority may, before the first anniversary of the transfer date, submit a request to the Minister for approval of the initial charges that it proposes to establish for security screening services made available or provided under section 18 at aerodromes designated by the regulations. Time limit (2) The Minister must, within 60 days after the day on which he or she receives a request, decide Current to June 20, 2022 Security Screening Services Commercialization Act Transitional Provisions Sections 60-62 whether the designated screening authority observed the charging principles. Decision (3) If the Minister decides that the designated screening authority observed the charging principles, the Minister must approve the proposal. Notice in writing (4) The Minister must notify the designated screening authority in writing of his or her decision. Duty to publish notice (5) The designated screening authority must publish, in accordance with section 29, a notice of a proposal that has been approved by the Minister and must indicate in the notice that the proposal has been approved. Closing out of affairs 61 (1) Beginning on the transfer date, the Canadian Air Transport Security Authority is authorized to sell or otherwise dispose of all or substantially all of its assets and liabilities and do everything necessary for or incidental to closing out its affairs. Legal powers (2) For the purposes of this section, the Canadian Air Transport Security Authority has the capacity, rights, powers and privileges of a natural person. Minister’s power (3) Beginning on the transfer date, the Minister may require the Canadian Air Transport Security Authority to do anything that, in his or her opinion, is necessary to sell or otherwise dispose of all or substantially all of its assets and liabilities, satisfy its debts, manage its expenses or otherwise close out its affairs. Compliance (4) The Canadian Air Transport Security Authority must do what the Minister requires under subsection (3). 62 [Amendments] Current to June 20, 2022 Security Screening Services Commercialization Act Transitional Provisions Section 63 Dissolution 63 The Canadian Air Transport Security Authority is dissolved on a day to be fixed by order of the Governor in Council. Current to June 20, 2022

CONSOLIDATION Spirit Drinks Trade Act S.C. 2005, c. 39 Current to June 20, 2022 Last amended on June 1, 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 June 1, 2006. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 1, 2006 TABLE OF PROVISIONS An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries Short title Definitions Prohibition 3.1 Prohibition Amendment of schedule Inspectors Powers of inspectors Obstruction and false statements Storage and removal Release of seized articles Destruction with consent Analysts Analysis and examination Regulations Contravention of Act or regulations Defence Certificate of analyst Coming into force SCHEDULE Use of Spirit Drink Names Current to June 20, 2022 Last amended on June 1, 2006 ii S.C. 2005, c. 39 An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries [Assented to 3rd November 2005] Preamble WHEREAS Canada has made international commitments regarding the use of names of spirit drinks of foreign countries; AND WHEREAS those commitments are contained in the Agreement between Canada and the European Community on trade in wines and spirit drinks, signed on September 16, 2003, and in side letters to that Agreement, in the North American Free Trade Agreement, signed on December 17, 1992, and in commitments made by Canada at the Commonwealth Heads of Government meeting in Nassau in 1985 to establish an economic and trade development program for the Commonwealth Caribbean countries and territories; 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 Spirit Drinks Trade Act. Definitions 2 The following definitions apply in this Act. Minister means the Minister of Agriculture and AgriFood. (ministre) Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade Sections 2-5 sell includes offer for sale, expose for sale and have in possession for sale. (vendre) Prohibition 3 (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. Exception (3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996. Prohibition 3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. Amendment of schedule 4 The Governor in Council may, by order, amend the schedule to implement Canada’s international trade obligations regarding the use of names of spirit drinks to sell products as spirit drinks. Inspectors 5 (1) The Minister may designate any persons, or classes of persons, as inspectors for the purpose of the enforcement of this Act. Certificate to be produced (2) Every inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place under subsection 6(1), an inspector shall, if so requested, produce the certificate to the person in charge of that place. Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade Sections 6-8 Powers of inspectors 6 (1) An inspector may at any reasonable time enter any place, including a conveyance but excluding a dwellinghouse, where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, and may (a) examine the article and take samples of it, and examine anything that the inspector believes on reasonable grounds is used or capable of being used for the article’s manufacture, preparation, preservation, packaging or storing; (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply; (c) examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information with respect to any article to which this Act or the regulations apply; and (d) seize and detain for such time as may be necessary any article by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened. Assistance and information to be given inspector (2) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in it shall give the inspector all reasonable assistance and furnish the inspector with any information that they may reasonably require. Obstruction and false statements 7 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is carrying out their duties or functions under this Act or the regulations. Prohibition (2) Except with the authority of an inspector, no person shall remove or alter in any way any article seized under this Act. Storage and removal 8 Any article seized under this Act may, at the option of an inspector, be kept or stored in the place where it was Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade Sections 8-12 seized or, at the direction of an inspector, the article may be removed to any other place. Release of seized articles 9 An inspector who has seized any article under this Act shall release it when they are satisfied that all the provisions of this Act and the regulations with respect to it have been complied with. Destruction with consent 10 (1) If an inspector seizes an article under this Act and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is immediately forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister may direct. Forfeiture (2) If a person is convicted of a contravention of this Act or the regulations, the court or judge may order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty and may be disposed of as the Minister may direct. Order for forfeiture on application of inspector (3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Act may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened. On the making of the order, the article or thing may be disposed of as the Minister may direct. Analysts 11 The Minister may designate any persons, or classes of persons, as analysts for the purpose of the enforcement of this Act. Analysis and examination 12 (1) An inspector may submit to an analyst for analysis or examination any article seized by the inspector, any sample from it or any sample taken by the inspector. Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade Sections 12-16 Certificate or report (2) An analyst after making the analysis or examination may issue a certificate or report setting out the results of the analysis or examination. Regulations 13 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act and, in particular, may make regulations respecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of articles. Contravention of Act or regulations 14 Every person who contravenes any provision of this Act or the regulations is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; and (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both. Defence 15 No person shall be found guilty of an offence under this Act, other than an offence under section 7, if the person establishes that they exercised all due diligence to prevent its commission. Certificate of analyst 16 (1) Subject to this section, in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom the analyst’s certificate is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence unless, before the trial, the party intending to produce the Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade Sections 16-17 certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Coming into force 17 This Act comes into force on June 1, 2006. Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade SCHEDULE Use of Spirit Drink Names SCHEDULE (Sections 3, 3.1 and 4) Use of Spirit Drink Names 1 (1) A spirit drink may be sold using the name Grappa if it has been produced exclusively in Italy. (2) A spirit drink may be sold using the name Grappa di Ticino if it has been produced in the Ticino region of Switzerland. 2 A spirit drink may be sold using the name Jägertee, Jagertee or Jagatee if it has been produced exclusively in Austria. 3 A spirit drink may be sold using the name Korn or Kornbrand if it has been produced exclusively in Germany or Austria. 4 A spirit drink may be sold using the name Ouzo or Oύζo if it has been produced exclusively in Greece. 5 A spirit drink may be sold using the name Pacharán if it has been produced exclusively in Spain. 6 Scotch whisky may be sold under that name if it has been distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom. 7 Irish whisky may be sold under that name if it has been distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland. 8 Armagnac brandy may be sold under that name if it has been manufactured in the Armagnac district of France in accordance with the laws of the French Republic for consumption in that country. 9 Cognac brandy may be sold under that name if it has been manufactured in the Cognac district of France in accordance with the laws of the French Republic for consumption in that country. 10 Bourbon whiskey may be sold under that name if it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon whiskey. 11 Tennessee whiskey may be sold under that name if it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Tennessee whiskey. 12 Tequila may be sold under that name if it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila. 13 Mezcal may be sold under that name if it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Mezcal. Current to June 20, 2022 Last amended on June 1, 2006 Spirit Drinks Trade SCHEDULE Use of Spirit Drink Names 14 (1) Caribbean rum may be sold under that name if it has been (a) made from sugar cane products of a Commonwealth Caribbean country and distilled and fermented in a Commonwealth Caribbean country; or (b) imported in bulk from a Commonwealth Caribbean country for bottling and sale in Canada as Caribbean rum and blended or modified by (i) blending it with other rum of a Commonwealth Caribbean country, (ii) blending it with Canadian rum in proportions that result in 1 to 1.5% Canadian rum by volume in the final product, (iii) adding distilled or otherwise purified water to adjust the rum to the strength stated on the label applied to the container, or (iv) adding caramel. (2) In this section, Commonwealth Caribbean country means Anguilla, Antigua and Barbuda, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Christopher and Nevis, Saint Lucia, St. Vincent and the Grenadines, Trinidad and Tobago and the Turks and Caicos Islands. Current to June 20, 2022 Last amended on June 1, 2006

CONSOLIDATION Salaries Act R.S.C., 1985, c. S-3 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 the salaries of certain public officials Short Title 1 Short title PART 1 Salaries Consolidated Revenue Fund 2 Salaries payable out of C.R.F. Salary of Lieutenant Governors 3 Salaries of lieutenant governors from April 1, 1985 to December 31, 1985 Salaries of Ministers Before April 1, 2004 4 Prime Minister’s annual salary Salaries of Ministers from April 1, 2004 4.1 Prime Minister — fiscal year 2004-2005 4.2 Index PART 2 Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9) 5 Power to designate department Current to June 20, 2022 Last amended on July 15, 2019 ii R.S.C., 1985, c. S-3 An Act respecting the salaries of certain public officials Short Title Short title 1 This Act may be cited as the Salaries Act. R.S., c. S-2, s. 1. 1.1 [Repealed, 2012, c. 19, s. 468] 1.2 [Repealed, 2012, c. 19, s. 468] PART 1 Salaries Consolidated Revenue Fund Salaries payable out of C.R.F. 2 The salaries mentioned in this Act are payable yearly, and pro rata for any period less than a year, out of the Consolidated Revenue Fund. R.S., c. S-2, s. 2. Salary of Lieutenant Governors Salaries of lieutenant governors from April 1, 1985 to December 31, 1985 3 (1) The salary of the lieutenant governor of each province for the period from April 1, 1985 to December 31, 1985 is $69,000 per annum. Base for 1986 indexation (1.1) For the purposes of subsections (2) and (3), the salary annexed to the office of lieutenant governor for the 1985 calendar year shall be deemed to be $69,000. Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salary of Lieutenant Governors Section 3 Annual adjustment of salary (2) For the 1984 calendar year and for each calendar year thereafter, the salary of the lieutenant governor of each province shall be the amount obtained by multiplying the salary annexed to that office for the calendar year immediately preceding the calendar year in respect of which the salary is to be determined by the lesser of (a) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, and (b) one hundred and seven per cent. Meaning of certain expressions (3) For the purposes of subsection (2), (a) in relation to any calendar year in respect of which the salary is to be determined, (i) the “first adjustment year” is the last twelve month period preceding the commencement of the calendar year in respect of which the salary is to be determined for which the Industrial Aggregate is available on the first day of the calendar year in respect of which the salary is to be determined, and (ii) 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 (4) A salary determined for a calendar year pursuant to subsection (2) 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. Salary for 1993, 1994, 1995 and 1996 (5) Notwithstanding subsection (2), for each of the 1993, 1994, 1995 and 1996 calendar years, the salary of the lieutenant governor of each province shall be the same as the salary annexed to that office for the 1992 calendar year. Base for 1997 calculation (6) For the purposes of calculating a salary under subsection (2) for the 1997 calendar year, the salary annexed to the office of lieutenant governor for the 1996 calendar Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salary of Lieutenant Governors Sections 3-4 year shall be deemed to be the salary payable under subsection (5). R.S., 1985, c. S-3, s. 3; R.S., 1985, c. 50 (1st Supp.), s. 3, c. 47 (2nd Supp.), s. 1; 1993, c. 13, s. 12; 1994, c. 18, s. 11. Salaries of Ministers Before April 1, 2004 Prime Minister’s annual salary 4 (1) Commencing on January 1, 2001, the Prime Minister’s annual salary is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 50 per cent. Salaries of ministers (2) Commencing on January 1, 2001, the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 24 per cent: (a) the Minister of Justice and Attorney General; (b) the Minister of National Defence; (c) the Minister of National Revenue; (d) the Minister of Finance; (e) the Minister of Transport; (f) the President of the Queen’s Privy Council for Canada; (g) the Minister of Agriculture and Agri-Food; (h) the Minister of Labour; (i) the Minister of Veterans Affairs; (j) the Associate Minister of National Defence; (k) the Minister of Public Safety and Emergency Preparedness; (l) the Minister of Indian Affairs and Northern Development; (m) the President of the Treasury Board; (n) the Minister of the Environment; (o) the Leader of the Government in the Senate; (p) the Minister of Fisheries and Oceans; Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salaries of Ministers Before April 1, 2004 Sections 4-4.1 (q) the Minister for International Trade; (r) the Minister for International Development; (s) the Minister of Western Economic Diversification; (t) the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act; (t.1) the Minister of the Economic Development Agency of Canada for the Regions of Quebec; (u) the Minister of Citizenship and Immigration; (v) the Minister of Natural Resources; (w) the Minister of Industry; (x) the Minister of Foreign Affairs; (y) the Minister of Public Works and Government Services; (z) the Minister of Canadian Heritage; (z.1) the Minister of Health; (z.2) the Minister of Human Resources and Skills Development. (z.3) [Repealed, 2012, c. 19, s. 690] Salaries of ministers of State (3) Commencing on January 1, 2001, the annual salary of each minister of State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is equal to the remuneration reference amount referred to in section 54.1 of the Parliament of Canada Act, multiplied by 24 per cent. R.S., 1985, c. S-3, s. 4; R.S., 1985, c. 11 (4th Supp.), s. 16, c. 41 (4th Supp.), s. 56; 1989, c. 27, s. 23; 1990, c. 1, s. 32; 1991, c. 3, s. 13; 1992, c. 1, s. 145(F); 1993, c. 12, s. 14; 1994, c. 31, s. 22, c. 38, s. 25, c. 41, s. 36; 1995, c. 1, s. 61, c. 5, s. 24, c. 11, s. 35; 1996, c. 8, s. 31, c. 11, s. 87, c. 16, s. 56; 1998, c. 23, s. 15; 2000, c. 34, s. 94(F); 2001, c. 20, s. 29; 2005, c. 10, s. 34, c. 26, s. 26, c. 34, s. 77, c. 35, s. 65; 2012, c. 19, s. 690; 2013, c. 33, s. 196. Salaries of Ministers from April 1, 2004 Prime Minister — fiscal year 2004-2005 4.1 (1) Despite subsection 4(1), for the fiscal year commencing on April 1, 2004 the Prime Minister’s annual salary is $141,200. Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salaries of Ministers from April 1, 2004 Section 4.1 Subsequent fiscal years (2) Despite subsection 4(1), the Prime Minister’s annual salary for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. Ministers — fiscal year 2004-2005 (3) Despite subsection 4(2), for the fiscal year commencing on April 1, 2004 the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is $67,800: (a) the Minister of Justice and Attorney General; (b) the Minister of National Defence; (c) the Minister of National Revenue; (d) the Minister of Finance; (e) the Minister of Transport; (f) the President of the Queen’s Privy Council for Canada; (g) the Minister of Agriculture and Agri-Food; (h) the Minister of Labour; (i) the Minister of Veterans Affairs; (j) the Associate Minister of National Defence; (k) the Minister of Public Safety and Emergency Preparedness; (l) [Repealed, 2019, c. 29, s. 362] (m) the President of the Treasury Board; (n) the Minister of the Environment; (o) the Leader of the Government in the Senate; (p) the Minister of Fisheries and Oceans; (q) the Minister for International Trade; (r) the Minister for International Development; (s) to (t.4) [Repealed, 2018, c. 18, s. 2] (u) the Minister of Citizenship and Immigration; (v) the Minister of Natural Resources; Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salaries of Ministers from April 1, 2004 Section 4.1 (w) the Minister of Industry; (x) the Minister of Foreign Affairs; (y) the Minister of Public Works and Government Services; (z) the Minister of Canadian Heritage; (z.1) the Minister of Health; (z.2) the Minister of Employment and Social Development; (z.21) the Minister of Infrastructure and Communities; (z.22) the Minister for Women and Gender Equality; (z.23) the Minister of Crown-Indigenous Relations; (z.24) the Minister of Northern Affairs; (z.25) the Minister of Indigenous Services; (z.3) the Leader of the Government in the House of Commons; (z.4) the Minister of La Francophonie; (z.5) the Minister of Science; (z.6) the Minister of Small Business and Tourism; (z.7) the Minister of Sport and Persons with Disabilities; and (z.8) [Repealed, 2018, c. 27, s. 672] (z.9) three additional ministers appointed by commission under the Great Seal. Subsequent fiscal years (4) Despite subsection 4(2), the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a minister referred to in subsection (3) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. Ministers of State — fiscal year 2004-2005 (5) Despite subsection 4(3), for the fiscal year commencing on April 1, 2004 the annual salary of each minister of Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 1 Salaries Salaries of Ministers from April 1, 2004 Sections 4.1-5 State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is $67,800. Subsequent fiscal years (6) Despite subsection 4(3), the annual salary of a minister of State referred to in subsection (5) for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. 2005, c. 16, ss. 13, 19 to 21; 2012, c. 19, s. 691; 2013, c. 33, ss. 196, 226, c. 40, s. 215; 2018, c. 18, s. 2, c. 27, s. 672; 2019, c. 29, s. 362. Index 4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year. 2005, c. 16, ss. 13, 21; 2013, c. 40, s. 216. PART 2 Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9) Power to designate department 5 (1) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying out of his or her responsibilities. Designated department (2) A minister in respect of whom a department is designated under subsection (1) (a) may use the services and facilities of that department; and (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions. Particular responsibilities (3) The Governor in Council may, by order, designate a department to provide support to a minister referred to in any of paragraphs 4.1(3)(z.4) to (z.9) in the carrying Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 2 Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9) Section 5 out of the particular responsibilities that are specified in the order. Designated department — particular responsibilities (4) A minister in respect of whom a department is designated under subsection (3) (a) must use the services and facilities of that department when carrying out the particular responsibilities that are specified in the order; and (b) may delegate to officers or employees of that department any of the minister’s powers, duties or functions that are related to those particular responsibilities. Financial Administration Act (5) The appropriate Minister for a department that is designated under subsection (1) or (3) may delegate, to a minister in respect of whom that department is designated, any of the appropriate Minister’s powers, duties or functions referred to in sections 33 and 34, subsections 155(1) and (4) and sections 155.1 and 155.2 of the Financial Administration Act or the power to write off debts in accordance with regulations made under subsection 25(1) of that Act. Department of Public Works and Government Services Act (6) If the Minister of Public Works and Government Services delegates, under subsection 8(1) of the Department of Public Works and Government Services Act, any of the Minister’s powers, duties or functions under that Act to the appropriate Minister for a department that is designated under subsection (1) or (3), that appropriate Minister may subdelegate to a minister in respect of whom that department is designated any of the powers, duties or functions that were delegated to that appropriate Minister under that subsection 8(1). Definitions (7) The following definitions apply in this section. appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act. (ministère) R.S., 1985, c. S-3, s. 5; 1993, c. 12, s. 15; 1998, c. 23, s. 16; 2001, c. 20, s. 29; 2018, c. 18, s. 3. Current to June 20, 2022 Last amended on July 15, 2019 Salaries PART 2 Support for Ministers Referred to in Paragraphs 4.1(3)(z.4) to (z.9) Section 5 Current to June 20, 2022 Last amended on July 15, 2019 Salaries RELATED PROVISIONS RELATED PROVISIONS — R. S. , 1985, c. 50 (1st Supp. ), ss. 8 (1) and (2) 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). — 2001, c. 20, s. 30 Amendments apply to members who make an election and to future members * 30 (1) The provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, apply (a) to any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; and Current to June 20, 2022 Last amended on July 15, 2019 Salaries RELATED PROVISIONS (b) to any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force. * [Note: Section 30 in force 15 June, 2001, see SI/2001-82.] Failure to elect (2) The provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force. * * [Note: Section 30 in force 15 June, 2001, see SI/2001-82.] Deemed election (3) A member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member’s death to have the provisions referred to in subsection (1) apply to the member. Election irrevocable (4) An election under paragraph (1)(a) is irrevocable. — 2018, c. 18, s. 4 Transfer of powers, duties or functions 4 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister of Infrastructure, Communities and Intergovernmental Affairs, that power, duty or function is vested in or may be exercised or performed by the Minister of Infrastructure and Communities. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Sahtu Dene and Metis Land Claim Settlement Act S.C. 1994, c. 27 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 an agreement between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Déline, Fort Good Hope and Fort Norman and the Metis of Fort Good Hope, Fort Norman and Norman Wells, as represented by the Sahtu Tribal Council, and to make related amendments to another Act Short Title 1 Short title Interpretation 2 Definition of "Agreement" Her Majesty 3 Binding on Her Majesty Agreement 4 Agreement given effect Renewable Resources Board Orders and regulations Publication of Agreement and amendments Other Laws 8 Inconsistency or conflict Appropriation 10 Payments out of C.R.F. Related Amendments Coming into Force 13 Coming into force Current to June 20, 2022 Last amended on October 17, 2011 ii S.C. 1994, c. 27 An Act to approve, give effect to and declare valid an agreement between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Déline, Fort Good Hope and Fort Norman and the Metis of Fort Good Hope, Fort Norman and Norman Wells, as represented by the Sahtu Tribal Council, and to make related amendments to another Act [Assented to 23rd June 1994] Preamble WHEREAS the Slavey, Hare and Mountain Dene of the Sahtu region have traditionally used and occupied lands in the Northwest Territories from time immemorial; 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 Sahtu Dene and Metis, as represented by the Sahtu Tribal Council, undertook negotiations in order to achieve certainty and clarity of rights with respect to ownership and use of those lands and their resources; WHEREAS the Sahtu Dene and Metis, by a vote held from July 5 to 8, 1993, approved a comprehensive land claim agreement that, in exchange for the release of certain rights and claims as set out in the agreement, defines the rights that the Sahtu Dene and Metis shall have, and confirms the treaty rights that are unaffected by that release; WHEREAS Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis, as represented by the Sahtu Tribal Council, signed the agreement on September 6, 1993; Current to June 20, 2022 Last amended on October 17, 2011 Sahtu Dene and Metis Land Claim Settlement Short Title Sections 1-4 WHEREAS the Sahtu Tribal Council by resolution approved certain amendments to the agreement on January 13 and February 11, 1994; AND WHEREAS the agreement provides that the agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, 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 Sahtu Dene and Metis 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 Sahtu Dene and Metis, as represented by the Sahtu Tribal Council, signed on September 6, 1993 and tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on March 8, 1994, including any amendments made to it from time to time. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Agreement Agreement given effect 4 (1) The Agreement is hereby approved, given effect and declared valid. 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. Current to June 20, 2022 Last amended on October 17, 2011 Sahtu Dene and Metis Land Claim Settlement Agreement Sections 4-10 Title to lands (3) For greater certainty, title to lands vests in one or more designated Sahtu organizations as provided in the Agreement. 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. Publication of Agreement and amendments 7 The Minister of Indian Affairs and Northern Development shall cause a certified copy of the Agreement and of any amendments made to it 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 office of the Department of Indian Affairs and Northern Development situated in the Northwest Territories; (c) the legislative library of the Government of the Northwest Territories; and (d) such other places as the Minister considers necessary. Other Laws Inconsistency or conflict 8 Where there is an 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. 9 [Repealed, 2009, c. 23, s. 337] Appropriation Payments out of C.R.F. 10 There shall be paid out of the Consolidated Revenue Fund such sums as are required to meet the monetary obligations of Canada under chapters 8 and 10 of the Agreement. Current to June 20, 2022 Last amended on October 17, 2011 Sahtu Dene and Metis Land Claim Settlement Related Amendments Sections 11 and 12-13 Related Amendments 11 and 12 [Amendments] Coming into Force Coming into force 13 (1) Subject to subsection (2), this Act comes into force on the later of April 1, 1994 and the day on which it is assented to. Idem (2) Sections 11 and 12 are deemed to have come into force on December 22, 1992. Current to June 20, 2022 Last amended on October 17, 2011 Sahtu Dene and Metis Land Claim Settlement RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, par. 371 (2) (c) 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: (c) paragraph 7(a) of the Sahtu Dene and Metis Land Claim Settlement Act; — 2019, c. 29, par. 373 (2) (c) 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: (c) the portion of section 7 of the Sahtu Dene and Metis Land Claim Settlement Act before paragraph (a); Current to June 20, 2022 Last amended on October 17, 2011

CONSOLIDATION Split Lake Cree First Nation Flooded Land Act S.C. 1994, c. 42 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 Split Lake Cree 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. 1994, c. 42 An Act respecting the Split Lake Cree First Nation and the settlement of matters arising from an agreement relating to the flooding of land [Assented to 15th December 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 Split Lake Cree First Nation Flooded Land Act. Interpretation Definitions 2 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 Split Lake Cree First Nation, pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement and signed on June 24, 1992; (accord) Flood Agreement means the agreement concerning the flooding of land concluded between (a) Her Majesty in right of Canada, Current to June 20, 2022 Split Lake Cree First Nation Flooded Land Interpretation Sections 2-6 (b) Her Majesty in right of Manitoba, (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 Split Lake Cree 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 Split Lake Cree First Nation pursuant to the agreement shall be transferred to the Split Lake Cree 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 Split Lake Cree 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) a member of the Split Lake Cree First Nation, (b) the council of the Split Lake Cree First Nation, or (c) a body corporate or an unincorporated association to which the Flood Agreement applies (i) that was incorporated or established by the council of the Split Lake Cree First Nation, or Current to June 20, 2022 Split Lake Cree First Nation Flooded Land Claims Sections 6-7 (ii) the shareholders or members of which are all or substantially all members of the Split Lake Cree 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 Sir John A. Macdonald Day and the Sir Wilfrid Laurier Day Act S.C. 2002, c. 2 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 Sir John A. Macdonald Day and Sir Wilfrid Laurier Day Short Title 1 Short title Sir John A. Macdonald Day 2 Sir John A. Macdonald Day Sir Wilfrid Laurier Day 3 Sir Wilfrid Laurier Day Current to June 20, 2022 ii S.C. 2002, c. 2 An Act respecting Sir John A. Macdonald Day and Sir Wilfrid Laurier Day [Assented to 21st March 2002] Preamble WHEREAS Sir John Alexander Macdonald was born on January 11, 1815; AND WHEREAS he was one of the founders of Confederation; AND WHEREAS he was the first Prime Minister of Canada; AND WHEREAS Sir Wilfrid Laurier was born on November 20, 1841; AND WHEREAS he was Prime Minister of Canada from 1896 to 1911; AND WHEREAS he was the first Prime Minister of French ancestry and a fervent promoter of national unity; 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 Sir John A. Macdonald Day and the Sir Wilfrid Laurier Day Act. Sir John A. Macdonald Day Sir John A. Macdonald Day 2 Throughout Canada, in each and every year, the 11th day of January shall be known under the name of "Sir John A. Macdonald Day". Current to June 20, 2022 Sir John A. Macdonald Day and the Sir Wilfrid Laurier Day Sir Wilfrid Laurier Day Section 3 Sir Wilfrid Laurier Day Sir Wilfrid Laurier Day 3 Throughout Canada, in each and every year, the twentieth day of November shall be known under the name of "Sir Wilfrid Laurier Day". Current to June 20, 2022

CONSOLIDATION Social Sciences and Humanities Research Council Act R.S.C., 1985, c. S-12 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 Social Sciences and Humanities 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 Investment Committee By-laws Appointment of staff Council agent of Her Majesty Application of Public Service Superannuation Act Financial 17 Donations Property Report to Parliament 20 Annual report Current to June 20, 2022 Last amended on June 29, 2012 ii R.S.C., 1985, c. S-12 An Act to establish the Social Sciences and Humanities Research Council Short Title Short title 1 This Act may be cited as the Social Sciences and Humanities Research Council Act. 1976-77, c. 24, s. 2. Interpretation Definitions 2 In this Act, Council means the Social Sciences and Humanities 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. 3. Constitution of the Council Establishment and membership of Council 3 There is established a corporation, to be called the Social Sciences and Humanities 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. S-12, s. 3; 2010, c. 12, s. 1767. Current to June 20, 2022 Last amended on June 29, 2012 Social Sciences and Humanities 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 and scholarship in the social sciences and humanities; 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. 5. 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. 6. 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 Social Sciences and Humanities 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 Social Sciences and Humanities 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. 12. Investment Committee 12 (1) Where the Council acquires, by gift, bequest or otherwise, money, securities or other property that it is required to administer subject to the terms on which the money, securities or other property was given, bequeathed or otherwise made available, there shall be established an Investment Committee consisting of the President, a member of the Council designated by the Council and three other persons appointed by the Governor in Council. Duties (2) The Investment Committee shall aid and advise the Council in making, managing and disposing of investments under this Act. Remuneration and expenses (3) The members of the Investment Committee appointed by the Governor in Council may be paid for their services such remuneration and expenses as are fixed by the Governor in Council. R.S., 1985, c. S-12, s. 12; 2004, c. 25, s. 170(F). By-laws 13 (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. 14. Current to June 20, 2022 Last amended on June 29, 2012 Social Sciences and Humanities Research Council Organization Sections 14-16 Appointment of staff 14 (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. 15; 1978-79, c. 13, s. 30. Council agent of Her Majesty 15 (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. 16. Application of Public Service Superannuation Act 16 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. 17. Current to June 20, 2022 Last amended on June 29, 2012 Social Sciences and Humanities Research Council Financial Sections 17-20 Financial Donations 17 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. S-12, s. 17; 2001, c. 4, s. 118(F); 2004, c. 25, s. 171(F). Property 18 The Council may, for the purposes of this Act, acquire, hold, manage and dispose of real, personal, movable and immovable property and, subject to this Act, and on the advice of the Investment Committee, may invest in any manner it sees fit any money received by the Council by gift, bequest or otherwise and may hold, manage and dispose of the investment. R.S., 1985, c. S-12, s. 18; 2001, c. 4, s. 119. 19 [Repealed, 2012, c. 19, s. 178] Report to Parliament Annual report 20 (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. 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. S-12, s. 20; 2012, c. 19, s. 179. Current to June 20, 2022 Last amended on June 29, 2012 Social Sciences and Humanities Research Council RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 197 Social Sciences and Humanities Research Council Act 197 The obligations under sections 19 and 20 of the Social Sciences and Humanities 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 Specific Claims Tribunal Act S.C. 2008, c. 22 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 establish the Specific Claims Tribunal and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Purpose and Application of Act 3 Purpose Inconsistency or conflict Application Specific Claims Tribunal Establishment 6 Tribunal Tenure Role of Chairperson Acting after termination of appointment Functions, Powers and Duties 11 Functions Rules of the Tribunal Powers of the Tribunal Specific Claims 14 Grounds of a specific claim Exceptions Filing a specific claim Hearings and Decisions 17 Application to strike Hearing and decision Limitation Basis and limitations for decision on compensation Unlawful disposition Current to June 20, 2022 Last amended on July 15, 2019 ii Specific Claims Tribunal TABLE OF PROVISIONS Notice to others Restriction Party status of a First Nation Intervention by persons affected Conduct of hearings Public hearings Right to cross-examine Defences of Crown Withdrawal Evidence not admissible in other proceedings Advance notice of decision on compensation Written reasons and publication Judicial review Release and indemnity Payment of award Abandoned specific claim Public documents General Regulations 39 Regulations Annual Report 40 Annual report Review and Report 41 Review Transitional Provisions 42 Existing claims Previous decision not to negotiate Consequential Amendments Access to Information Act Federal Courts Act Financial Administration Act Privacy Act Public Service Superannuation Act Repeal Current to June 20, 2022 Last amended on July 15, 2019 iv Specific Claims Tribunal TABLE OF PROVISIONS Coming into Force *53 Coming into force SCHEDULE Current to June 20, 2022 Last amended on July 15, 2019 v S.C. 2008, c. 22 An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts [Assented to 18th June 2008] Preamble Recognizing that it is in the interests of all Canadians that the specific claims of First Nations be addressed; resolving specific claims will promote reconciliation between First Nations and the Crown and the development and self-sufficiency of First Nations; there is a need to establish an independent tribunal that can resolve specific claims and is designed to respond to the distinctive task of adjudicating such claims in accordance with law and in a just and timely manner; the right of First Nations to choose and have access to a specific claims tribunal will create conditions that are appropriate for resolving valid claims through negotiations; the Assembly of First Nations and the Government of Canada have worked together on a legislative proposal from the Government of Canada culminating in the introduction of this Act; 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 Specific Claims Tribunal Act. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Interpretation Section 2 Interpretation Definitions 2 The following definitions apply in this Act. asset means tangible property. (élément d’actif) claimant means a First Nation whose specific claim has been filed with the Tribunal. (revendicateur) claim limit means the maximum amount under paragraph 20(1)(b). (indemnité maximale) Crown means Her Majesty in right of Canada. (Sa Majesté) First Nation means (a) a band as defined in subsection 2(1) of the Indian Act; (b) a group of persons that was, but is no longer, a band within the meaning of paragraph (a) and that has, under a land claims agreement, retained the right to bring a specific claim; and (c) a group of persons that was a band within the meaning of paragraph (a), that is no longer a band by virtue of an Act or agreement mentioned in the schedule and that has not released its right to bring a specific claim. (première nation) land claims agreement has the same meaning as in subsection 35(3) of the Constitution Act, 1982. (accord sur des revendications territoriales) Minister means the Minister of Crown-Indigenous Relations. (ministre) party, in respect of a specific claim, means any claimant, the Crown or any province or First Nation added as a party under section 23 or 24. (partie) specific claim means a claim that is filed under section 14. (revendication particulière) Tribunal means the Specific Claims Tribunal established by subsection 6(1). (Tribunal) 2008, c. 22, s. 2; 2019, c. 29, s. 373. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Purpose and Application of Act Sections 3-6 Purpose and Application of Act Purpose 3 The purpose of this Act is to establish the Specific Claims Tribunal, the mandate of which is to decide issues of validity and compensation relating to specific claims of First Nations. Inconsistency or conflict 4 In the event of any inconsistency or conflict between this Act and any other Act of Parliament, this Act prevails to the extent of the inconsistency or conflict. Application 5 This Act affects the rights of a First Nation only if the First Nation chooses to file a specific claim with the Tribunal and only to the extent that this Act expressly provides. Specific Claims Tribunal Establishment Tribunal 6 (1) A tribunal to be known as the Specific Claims Tribunal is established. Establishment of roster (2) The Governor in Council shall establish a roster of 6 to 18 superior court judges to act as members of the Tribunal. Chairperson and other members (3) The Chairperson and other members shall be appointed from the roster referred to in subsection (2) by the Governor in Council. Membership (4) The Tribunal shall consist of (a) no more than six full-time members; or (b) any number of part-time members, or combination of full-time and part-time members, so long as the combined time devoted to their functions and duties does not exceed the combined time that would be devoted by six full-time members. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Establishment Sections 7-9 Tenure 7 (1) Each member shall be appointed for a term not exceeding five years and holds office so long as he or she remains a superior court judge. Reappointment of members (2) Each member, on the expiry of the first term of office, is eligible to be reappointed for one further term. Role of Chairperson 8 (1) The Chairperson has supervision over and direction of the work of the Tribunal, including (a) the allocation of work among the members and the assignment of members to preside at hearings of the Tribunal; and (b) the performance of the functions and duties of the Tribunal. Powers of Chairperson (2) On application by a party, the Chairperson may order that (a) specific claims be heard together or consecutively if they have issues of law or fact in common; (b) a specific claim is, together with any other specific claim, subject to one claim limit under subsection 20(4); and (c) specific claims be decided together if decisions with respect to the claims could be irreconcilable or if the claims are subject to one claim limit. Absence or incapacity (3) If the office of Chairperson is vacant, or the Chairperson is absent or is for any reason unable to act, the powers of the Chairperson shall be exercised and the duties performed by the member who is the senior judge and is able and willing to act. Acting after termination of appointment 9 (1) Subject to subsection (2), a judge who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any functions or duties that they would otherwise have had if they had not ceased to be a member and that are in connection with any matter in which that judge became engaged while holding office as a member, Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Establishment Sections 9-12 and a judge so authorized is, for that purpose, deemed to be a member of the Tribunal. Limitation period (2) No judge who has ceased to be a member may, after the expiry of 120 days after ceasing to be a member, take part in the disposition of any matter under the authority granted by the Chairperson under subsection (1). 10 [Repealed, 2014, c. 20, s. 469] Functions, Powers and Duties Functions 11 (1) The Tribunal is responsible for holding hearings to decide the validity of specific claims and any compensation arising from those claims. Hearings (2) A hearing before the Tribunal shall be held before a single member. Decision (3) A decision of a member of the Tribunal is a decision of the Tribunal. Rules of the Tribunal 12 (1) A committee of no more than six Tribunal members, appointed by the Chairperson, may make general rules for carrying out the work of the Tribunal and the management of its internal affairs, as well as rules governing its practice and procedures, including rules governing (a) the giving of notice; (b) the presentation of the positions of the parties with respect to issues before the Tribunal and of matters of fact or law on which the parties rely in support of their positions; (c) the summoning of witnesses; (d) the production and service of documents; (e) applications; (f) discovery proceedings; (g) the taking and preservation of evidence before the start of a hearing; (h) case management, including pre-hearing conferences and the use of mediation; Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Functions, Powers and Duties Sections 12-13 (i) the introduction of evidence; (j) the imposition of time limits; and (k) costs. Advisory committee (2) The committee referred to in subsection (1) may establish an advisory committee of interested parties to advise it in the development of the Tribunal’s rules of practice and procedure, including efficiencies. Rules respecting costs (3) The Tribunal’s rules respecting costs shall accord with the rules of the Federal Court, with any modifications that the Tribunal considers appropriate. Publication of rules (4) The Tribunal shall make its rules available to the public and, if possible, publish them in the First Nations Gazette. Effect of failure to publish (5) Failure to publish the rules in the First Nations Gazette does not affect the validity of the rules. 2008, c. 22, s. 12; 2014, c. 20, s. 470. Powers of the Tribunal 13 (1) The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and may (a) determine any questions of law or fact in relation to any matter within its jurisdiction under this Act; (b) receive and accept any evidence, including oral history, and other information, whether on oath or by affidavit or otherwise, that it sees fit, whether or not that evidence or information is or would be admissible in a court of law, unless it would be inadmissible in a court by reason of any privilege under the law of evidence; (c) take into consideration cultural diversity in developing and applying its rules of practice and procedure; and (d) award costs in accordance with its rules of practice and procedure. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Functions, Powers and Duties Sections 13-14 Costs (2) The Tribunal shall deduct from any award of costs in favour of the claimant, any amount provided to the claimant by the Crown for the purpose of bringing the claim before the Tribunal. Specific Claims Grounds of a specific claim 14 (1) Subject to sections 15 and 16, a First Nation may file with the Tribunal a claim based on any of the following grounds, for compensation for its losses arising from those grounds: (a) a failure to fulfil a legal obligation of the Crown to provide lands or other assets under a treaty or another agreement between the First Nation and the Crown; (b) a breach of a legal obligation of the Crown under the Indian Act or any other legislation — pertaining to Indians or lands reserved for Indians — of Canada or of a colony of Great Britain of which at least some portion now forms part of Canada; (c) a breach of a legal obligation arising from the Crown’s provision or non-provision of reserve lands, including unilateral undertakings that give rise to a fiduciary obligation at law, or its administration of reserve lands, Indian moneys or other assets of the First Nation; (d) an illegal lease or disposition by the Crown of reserve lands; (e) a failure to provide adequate compensation for reserve lands taken or damaged by the Crown or any of its agencies under legal authority; or (f) fraud by employees or agents of the Crown in connection with the acquisition, leasing or disposition of reserve lands. Extended meaning of Crown — obligations (2) For the purpose of applying paragraphs (1)(a) to (c) in respect of any legal obligation that was to be performed in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain and its colonies to the extent that the legal obligation or any liability relating to its breach or non-fulfilment became — Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Specific Claims Sections 14-15 or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada. Extended meaning of Crown — illegal lease or disposition (3) For the purpose of applying paragraph (1)(d) in respect of an illegal lease or disposition of reserve land located in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain and its colonies to the extent that liability for the illegal lease or disposition became — or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada. Extended meaning of Crown — other (4) For the purpose of applying paragraphs (1)(e) and (f) in respect of reserve lands located in an area within Canada’s present boundaries, a reference to the Crown includes the Sovereign of Great Britain and its colonies for the period before that area became part of Canada. Exceptions 15 (1) A First Nation may not file with the Tribunal a claim that (a) is based on events that occurred within the 15 years immediately preceding the date on which the claim was filed with the Minister; (b) is based on a land claims agreement entered into after December 31, 1973, or any related agreement or Act of Parliament; (c) is based on an Act of Parliament or agreement that is mentioned in the schedule, or an Act of Parliament or agreement for the implementation of such an Act or agreement; (d) concerns the delivery or funding of programs or services related to policing, regulatory enforcement, corrections, education, health, child protection or social assistance, or of any similar programs or services; (e) is based on any agreement between the First Nation and the Crown that provides for another mechanism for the resolution of disputes arising from the agreement; Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Specific Claims Sections 15-16 (f) is based on, or alleges, aboriginal rights or title; or (g) is based on treaty rights related to activities of an ongoing and variable nature, such as harvesting rights. Limitation (2) Nothing in paragraph (1)(g) prevents a claim that is based on a treaty right to lands or to assets to be used for activities, such as ammunition to be used for hunting or plows to be used for cultivation, from being filed. When other proceedings (3) A First Nation may not file a claim if (a) there are proceedings before a court or tribunal other than the Tribunal that relate to the same land or other assets and could result in a decision irreconcilable with that of the claim, or that are based on the same or substantially the same facts; (b) the First Nation and the Crown are parties to those proceedings; and (c) the proceedings have not been adjourned. Restrictions (4) A First Nation may not file a claim if (a) it is not claiming any compensation; (b) it is claiming any remedy other than monetary compensation; or (c) the amount of its claim exceeds the claim limit. Filing a specific claim 16 (1) A First Nation may file a claim with the Tribunal only if the claim has been previously filed with the Minister and (a) the Minister has notified the First Nation in writing of his or her decision not to negotiate the claim, in whole or in part; (b) three years have elapsed after the day on which the claim was filed with the Minister and the Minister has not notified the First Nation in writing of his or her decision on whether to negotiate the claim; Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Specific Claims Sections 16-17 (c) in the course of negotiating the claim, the Minister consents in writing to the filing of the claim with the Tribunal; or (d) three years have elapsed after the day on which the Minister has notified the First Nation in writing of the Minister’s decision to negotiate the claim, in whole or in part, and the claim has not been resolved by a final settlement agreement. Form and content of specific claim (2) For the purpose of subsection (1), the Minister shall (a) establish a reasonable minimum standard to be followed in relation to the kind of information required for any claim to be filed with the Minister, as well as a reasonable form and manner for presenting the information; (b) publish the standard on the Department of Crown-Indigenous Relations and Northern Affairs’ Internet site; and (c) notify the First Nation in writing of the date on which the claim was filed with the Minister. Meeting minimum standard (3) A claim is to be filed with the Minister only if the information in it meets the minimum standard referred to in paragraph (2)(a) and is presented in the form and manner established under that paragraph. 2008, c. 22, s. 16; 2019, c. 29, s. 371. Hearings and Decisions Application to strike 17 On application by a party to a specific claim, the Tribunal may, at any time, order that the claim be struck out in whole or in part, with or without leave to amend, on the ground that it (a) is, on its face, not admissible under sections 14 to 16; (b) has not been filed by a First Nation; (c) is frivolous, vexatious or premature; or (d) may not be continued under section 37. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 18-20 Hearing and decision 18 After providing notice to the parties, the Tribunal shall hold a hearing, at the time and place that it considers most appropriate, into the issue before it and make a decision on that issue. Limitation 19 In deciding the issue of the validity of a specific claim, the Tribunal shall not consider any rule or doctrine that would have the effect of limiting claims or prescribing rights against the Crown because of the passage of time or delay. Basis and limitations for decision on compensation 20 (1) The Tribunal, in making a decision on the issue of compensation for a specific claim, (a) shall award monetary compensation only; (b) shall not, despite any other provision in this subsection, award total compensation in excess of $150 million; (c) shall, subject to this Act, award compensation for losses in relation to the claim that it considers just, based on the principles of compensation applied by the courts; (d) shall not award any amount for (i) punitive or exemplary damages, or (ii) any harm or loss that is not pecuniary in nature, including loss of a cultural or spiritual nature; (e) shall award compensation equal to the market value of a claimant’s reserve lands at the time they were taken brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes that those reserve lands were taken under legal authority, but that inadequate compensation was paid; (f) shall award compensation equal to the value of the damage done to reserve lands brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes that certain of its reserve lands were damaged under legal authority, but that inadequate compensation was paid; (g) shall award compensation equal to the current, unimproved market value of the lands that are the subject of the claim, if the claimant establishes that Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Section 20 those lands were never lawfully surrendered, or otherwise taken under legal authority; (h) shall award compensation equal to the value of the loss of use of a claimant’s lands brought forward to the current value of the loss, in accordance with legal principles applied by the courts, if the claimant establishes the loss of use of the lands referred to in paragraph (g); and (i) shall, if it finds that a third party caused or contributed to the acts or omissions referred to in subsection 14(1) or the loss arising from those acts or omissions, award compensation against the Crown only to the extent that the Crown is at fault for the loss. For greater certainty (2) For greater certainty, in awarding the compensation referred to in subsection (1), the Tribunal may consider losses related to activities of an ongoing and variable nature, such as activities related to harvesting rights. Deduction of benefit (3) The Tribunal shall deduct from the amount of compensation calculated under subsection (1) the value of any benefit received by the claimant in relation to the subject-matter of the specific claim brought forward to its current value, in accordance with legal principles applied by the courts. One claim limit for related claims (4) Two or more specific claims shall, for the purpose of paragraph (1)(b), be treated as one claim if they (a) are made by the same claimant and are based on the same or substantially the same facts; or (b) are made by different claimants, are based on the same or substantially the same facts and relate to the same assets. Equitable apportionment (5) If claims are treated as one claim under paragraph (4)(b), the Tribunal shall apportion equitably among the claimants the total compensation awarded. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 20-23 Compensation against province (6) If the Tribunal finds that a province that has been granted party status caused or contributed to the acts or omissions referred to in subsection 14(1) or the loss arising from those acts or omissions, it may award compensation against the province to the extent that the province was at fault in causing or contributing to the loss. Unlawful disposition 21 (1) If compensation is awarded under this Act for an unlawful disposition of all of the interests or rights of a claimant in or to land and the interests or rights have never been restored to the claimant, then all of the claimant’s interests in and rights to the land are released, without prejudice to any right of the claimant to bring any proceeding related to that unlawful disposition against a province that is not a party to the specific claim. Unlawful disposition of partial interest (2) If compensation is awarded under this Act for the unlawful disposition of a partial interest or right of a claimant in or to reserve land, then the persons who, if the disposition had been lawful, would have had the partial interest or right in or to the land are deemed to have had that interest or right. Notice to others 22 (1) If the Tribunal’s decision of an issue in relation to a specific claim might, in its opinion, significantly affect the interests of a province, First Nation or person, the Tribunal shall so notify them. The parties may make submissions to the Tribunal as to whose interests might be affected. Effect of failure to notify (2) Failure to provide notice does not invalidate any decision of the Tribunal. Restriction 23 (1) The Tribunal has jurisdiction with respect to a province only if the province is granted party status. Party status of a province — mandatory (2) If the Crown alleges that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal shall grant the province party status provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 23-27 Party status of a province — discretionary (3) If the Crown does not allege that a province that has been notified under subsection 22(1) is wholly or partly at fault for the claimant’s losses, the Tribunal may, on application by the province, grant the province party status if the Tribunal considers it a necessary or proper party and provided that the province certifies in writing that it has taken the steps necessary for it to be bound by decisions of the Tribunal. Party status of a First Nation 24 The Tribunal may, on application by a First Nation to whom notice under subsection 22(1) is provided, grant the First Nation party status if the Tribunal considers it a necessary or proper party. Intervention by persons affected 25 (1) A First Nation or person to whom notice under subsection 22(1) is provided may, with leave of the Tribunal, intervene before it, to make representations relevant to the proceedings in respect of any matter that affects the First Nation or person. Factors (2) In exercising its discretion under subsection (1), the Tribunal shall consider all relevant factors, including the effect that granting intervenor status would have on the cost and length of the hearing. Conduct of hearings 26 (1) Subject to this Act, the Tribunal shall conduct its hearings in any manner that it considers fit. Limitation (2) In deciding how to conduct a hearing, the Tribunal shall have regard to any submissions that a party has made regarding the manner in which the hearing is to be conducted and to the importance of achieving an expeditious resolution. Public hearings 27 (1) Subject to subsection (2), Tribunal hearings shall be public. Confidential hearings (2) The Tribunal may, on application by a party, take any measures and make any order that it considers necessary to ensure the confidentiality of a hearing if it is satisfied that the reasons for confidentiality outweigh the societal interest that the hearing be public. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 28-34 Right to cross-examine 28 A party may cross-examine a witness (a) as of right, if the witness is called by a party adverse in interest; and (b) with leave of the Tribunal, in any other case. Defences of Crown 29 Subject to section 19, section 24 of the Crown Liability and Proceedings Act applies in respect of a specific claim as if it were a proceeding. Withdrawal 30 (1) A party may withdraw an issue from the Tribunal at any time before the Tribunal gives its decision on it and, in such a case, the Tribunal shall not render a decision on it. Costs (2) The Tribunal may award costs on the withdrawal of an issue from the Tribunal. Not a bar (3) Withdrawal of an issue does not bar any subsequent consideration of the issue by the Tribunal. Evidence not admissible in other proceedings 31 Subject to subsection 34(1), evidence given by any person in the course of a Tribunal hearing, including anything said, any position taken or any admission made, is not admissible in any other proceeding. Advance notice of decision on compensation 32 The Tribunal shall, not later than 14 days before it renders its decision on the issue of compensation, give notice to the parties and to the Chairperson that the decision will be rendered. Written reasons and publication 33 The Tribunal shall give written reasons for its decisions and shall cause the reasons and the decisions to be published in the manner that it considers fit. Judicial review 34 (1) A decision of the Tribunal is subject to judicial review under section 28 of the Federal Courts Act. Final and conclusive (2) Subject to subsection (1), the Tribunal’s decisions are final and conclusive between the parties in all Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 34-37 proceedings in any court or tribunal arising out of the same or substantially the same facts and are not subject to review. Release and indemnity 35 If the Tribunal decides that a specific claim is invalid or awards compensation for a specific claim, (a) each respondent is released from any cause of action, claim or liability to the claimant and any of its members of any kind, direct or indirect, arising out of the same or substantially the same facts on which the claim is based; and (b) the claimant shall indemnify each respondent against any amount that the respondent becomes liable to pay as a result of a claim, action or other proceeding for damages brought by the claimant or any of its members against any other person arising out of the same or substantially the same facts. Payment of award 36 (1) An award of compensation against the Crown may, at the discretion of the Crown, be paid by instalments, but the award must be fully paid within five years after the day on which the Tribunal makes its decision. Interest (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the Bank of Canada’s overnight rate on that day plus 2.5%, which shall be paid together with each instalment. Abandoned specific claim 37 A specific claim is discontinued if the claimant (a) commences, before another tribunal or a court, a proceeding against the Crown that is based on the same or substantially the same facts as the claim, or that relates to the same land or other assets as the claim and could result in a decision irreconcilable with that of the claim, unless the claimant immediately has the proceeding adjourned; or (b) takes a new step in, or does not continue to adjourn, a proceeding mentioned in paragraph (a) or in subsection 15(3). Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Specific Claims Tribunal Hearings and Decisions Sections 38-41 Public documents 38 (1) Subject to subsection (2), documents filed with the Tribunal are public documents. Confidential documents (2) The Tribunal, on the application of a party, may take any measures that it considers necessary to ensure the confidentiality of a document if it is satisfied that the interest of a party or a person that the document not be disclosed outweighs the societal interest that it be public. General Regulations Regulations 39 The Governor in Council may make regulations adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government. Annual Report Annual report 40 (1) The Chairperson shall submit an annual report on the work of the Tribunal in a fiscal year and its projected activities for the following fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Tribunal and any report on them of the Auditor General of Canada. Resources (2) The annual report may include a statement on whether the Tribunal had sufficient resources, including a sufficient number of members, to address its case load in the past fiscal year and whether it will have sufficient resources for the following fiscal year. Tabling of report (3) The Minister shall submit a copy of the report to each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister. Review and Report Review 41 (1) Within one year after the fifth anniversary of the coming into force of this Act, the Minister shall undertake a review of the mandate and structure of the Tribunal, of its efficiency and effectiveness of operation and Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal General Review and Report Sections 41-42 of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give First Nations an opportunity to make representations. Report (2) Within one year after a review is undertaken, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the Tribunal’s functions, powers or duties, that the Minister recommends and the representations which have been made by First Nations. Tabling and referral of report (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House. Transitional Provisions Existing claims 42 (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14(1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16(2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16, or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force. Examination by Minister (2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14(1) submitted by First Nations to the Minister before the day on which this Act comes into force, and Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Transitional Provisions Sections 42-43 (a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16(2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; (b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or (c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force. Amended claim — deemed filing date (3) If a First Nation provides the Minister with the information requested under paragraph (2)(b) (a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or (b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister. Notice of filing date (4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister. Previous decision not to negotiate 43 For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal Consequential Amendments Sections 44-53 Consequential Amendments Access to Information Act 44 [Amendment] 45 [Amendment] Federal Courts Act 46 [Amendment] Financial Administration Act 47 [Amendment] 48 [Amendment] 49 [Amendment] Privacy Act 50 [Amendment] Public Service Superannuation Act 51 [Amendment] Repeal 52 [Repeal] Coming into Force Coming into force 53 This Act comes into force 120 days after the day on which it receives royal assent. * * [Note: Act in force October 16, 2008.] Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal SCHEDULE SCHEDULE (Section 2, paragraph 15(1)(c) and section 39) PART 1 Acts Related to SelfGovernment Cree Nation of Eeyou Istchee Governance Agreement Act Loi sur l’accord concernant la gouvernance de la nation crie d’Eeyou Istchee Kanesatake Interim Land Base Governance Act Loi sur le gouvernement du territoire provisoire de Kanesatake Maanulth First Nations Final Agreement Act Loi sur l’accord définitif concernant les premières nations maanulthes Mi’kmaq Education Act Loi sur l’éducation des Mi’kmaq Naskapi and the Cree-Naskapi Commission Act Loi sur les Naskapis et la Commission crie-naskapie Nisga’a Final Agreement Act Loi sur l’Accord définitif nisga’a Sechelt Indian Band Self-Government Act Loi sur l’autonomie gouvernementale de la bande indienne sechelte Tla’amin Final Agreement Act Loi sur l’accord définitif concernant les Tlaamins Tlicho Land Claims and Self-Government Act Loi sur les revendications territoriales et l’autonomie gouvernementale du peuple tlicho Tsawwassen First Nation Final Agreement Act Loi sur l’accord définitif concernant la Première Nation de Tsawwassen Westbank First Nation Self-Government Act Loi sur l’autonomie gouvernementale de la première nation de Westbank Yukon First Nations Self-Government Act Loi sur l’autonomie gouvernementale des premières nations du Yukon PART 2 Agreements Related to SelfGovernment Carcross/Tagish First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la Première nation de Carcross/Tagish Champagne and Aishihik First Nations Self-Government Agreement Entente sur l’autonomie gouvernementale des Premières Nations de Champagne et de Aishihik Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal SCHEDULE Kluane First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la Première nation de Kluane Kwanlin Dun First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la Première nation des Kwanlin Dun Little Salmon/Carmacks Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation de Little Salmon/Carmacks Nacho Nyak Dun First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation des Nacho Nyak Dun Selkirk First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation de Selkirk Ta’an Kwach’an Council Self-Government Agreement Entente sur l’autonomie gouvernementale du Conseil des Ta’an Kwach’an Teslin Tlingit Council Self-Government Agreement Entente sur l’autonomie gouvernementale du conseil des Tlingits de Teslin Tr’ondek Hwech’in Self-Government Agreement Entente sur l’autonomie gouvernementale des Tr’ondèk Hwëch’in Vuntut Gwitchin First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation des Gwitchin Vuntut 2008, c. 22, Sch., c. 32, s. 31; 2009, c. 18, s. 24; 2014, c. 11, s. 26; 2018, c. 4, s. 133. Current to June 20, 2022 Last amended on July 15, 2019 Specific Claims Tribunal AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2013, c. 25, s. 24 24 Part 1 of the schedule to the Specific Claims Tribunal Act is amended by adding the following in alphabetical order: Yale First Nation Final Agreement Act Loi sur l’accord définitif concernant la Première Nation de Yale Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Specific Claims Resolution Act [Repealed, 2008, c. 22, s. 52] Current to June 20, 2022 Last amended on October 16, 2008 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 16, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on October 16, 2008 TABLE OF PROVISIONS An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts Current to June 20, 2022 Last amended on October 16, 2008 ii

CONSOLIDATION An Act to grant access to records of the Special Committee on the Defence of Canada Regulations S.C. 1984, 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 to grant access to records of the Special Committee on the Defence of Canada Regulations 1 Right of access to records record Current to June 20, 2022 ii S.C. 1984, c. 36 An Act to grant access to records of the Special Committee on the Defence of Canada Regulations [Assented to 29th June 1984] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Right of access to records 1 (1) Every person has a right to and shall, on request, be given access to any records of the House of Commons Special Committee on the Defence of Canada Regulations, whith sat in camera from 1939 to 1945. Access to records (2) A person who is granted access to a record under subsection (1) shall be given an opportunity to examine the record or shall be given a copy thereof. Fees (3) A person who makes a request for access to a record may be required to pay, before any copies are made, a fee reflecting the cost of reproduction. record 2 For the purposes of this Act, record means all the minutes of the Committee proceedings, correspondence, memoranda and any other documentary material relevant to the Committee proceedings. Current to June 20, 2022

CONSOLIDATION Secure Air Travel Act S.C. 2015, c. 20, s. 11 NOTE [Enacted by section 11 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/2015-64.] 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”. Current to June 20, 2022 Last amended on November 4, 2020 TABLE OF PROVISIONS An Act to enhance security relating to transportation and to prevent air travel for the purpose of engaging in acts of terrorism Short Title 1 Short title Her Majesty 2 Binding on Her Majesty Interpretation 3 Definitions Application 4 General rule Contraventions outside Canada Air Carriers 6 Duty — air carriers Minister 7 Delegation 7.1 Exemption power — urgent situations, etc. 7.2 Exemption power — tests List Directions 9 Directions Collection and Disclosure of Information 10 Assistance to Minister 10.1 Pre-flight verification of identity 10.2 Identification of listed persons 10.3 Disclosure of information provided under subsection 6(2) Disclosure of other information Foreign states Current to June 20, 2022 Last amended on November 4, 2020 ii Secure Air Travel TABLE OF PROVISIONS 12.1 Disclosure to parent Minister of Transport Canada Border Services Agency Administrative Recourse 15 Application to Minister Appeals 16 Decisions under this Act Protection of information on appeal General 18 Information destruction — Minister Rights preserved Prohibitions 20 Prohibition — list Prohibition — persons and goods Obstruction Offences and Punishment 23 Contravention Defence Prosecution 25 Limitation period Proof of documents Document entries as proof Inspection Powers 28 Powers to enter, seize and detain No offence Duty to assist Minister Compliance order Regulations 32 Regulations Transitional Provision 33 Section 16 Current to June 20, 2022 Last amended on November 4, 2020 iv S.C. 2015, c. 20, s. 11 An Act to enhance security relating to transportation and to prevent air travel for the purpose of engaging in acts of terrorism [Assented to 18th June 2015] Short Title Short title 1 This Act may be cited as the Secure Air Travel Act. Her Majesty Binding on Her Majesty 2 This Act is binding on Her Majesty in right of Canada or a province. Interpretation Definitions 3 The following definitions apply in this Act. air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act. (transporteur aérien) aviation reservation system has the same meaning as in subsection 3(1) of the Aeronautics Act. (système de réservation de services aériens) list means the list established under subsection 8(1). (liste) listed person means a person whose name is on the list. (personne inscrite) Minister means the Minister of Public Safety and Emergency Preparedness. (ministre) Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Interpretation Sections 3-6 screening has the same meaning as in section 4.7 of the Aeronautics Act. (contrôle) sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile) transportation security has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act. (sûreté des transports) Application General rule 4 (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada. Conflict of laws (2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft. Contraventions outside Canada 5 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place. Air Carriers Duty — air carriers 6 (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act, must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person. Duty to provide information to Minister (2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control: Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Air Carriers Section 6 (a) their surname, first name and middle names; (b) their date of birth; (c) their gender; and (d) any other information that is prescribed by regulation. Deemed fulfilment of duty (3) If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection. Duty to provide information on request (4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control. Limitation — Minister and Minister of Transport (5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person. Limitation — other persons or entities (6) Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act. 2015, c. 20, s. 11 “6”; 2019, c. 13, s. 127. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Minister Sections 7-8 Minister Delegation 7 The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness. Exemption power — urgent situations, etc. 7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion, (a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and (b) the exemption is not likely to adversely affect transportation security. Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act. 2019, c. 13, s. 128. Exemption power — tests 7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security. 2019, c. 13, s. 128. List 8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will (a) engage or attempt to engage in an act that would threaten transportation security; or Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Minister Sections 8-9 (b) travel by air for the purpose of committing an act or omission that (i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition terrorism offence in section 2 of that Act, or (ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i). Review of list (2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list. Amendment of list (3) The Minister may at any time amend the list (a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or (b) by changing the information relating to a listed person. Exemption from Statutory Instruments Act (4) The list is exempt from the application of the Statutory Instruments Act. 2015, c. 20, s. 11 “8”; 2019, c. 13, s. 129. Directions Directions 9 (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular, (a) the denial of transportation to a person; or (b) the screening of a person before they enter a sterile area of an airport or board an aircraft. Exemption from Statutory Instruments Act (2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Collection and Disclosure of Information Sections 10-10.3 Collection and Disclosure of Information Assistance to Minister 10 The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other: (a) the Minister of Transport; (b) the Minister of Citizenship and Immigration; (c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force; (d) the Director or an employee of the Canadian Security Intelligence Service; (e) an officer or employee of the Canada Border Services Agency; and (f) any other person or entity prescribed by regulation. Pre-flight verification of identity 10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide. 2019, c. 13, s. 130. Identification of listed persons 10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft, (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and (b) collect the information that is provided under subsection 6(4). 2019, c. 13, s. 130. Disclosure of information provided under subsection 6(2) 10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3) (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Collection and Disclosure of Information Sections 10.3-13 person who the Minister has reason to believe is a listed person; and (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information. Listed persons (2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person. 2019, c. 13, s. 130. Disclosure of other information 11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3). 2015, c. 20, s. 11 “11”; 2019, c. 13, s. 130. Foreign states 12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement. 2015, c. 20, s. 11 “12”; 2019, c. 13, s. 130. Disclosure to parent 12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person. 2019, c. 13, s. 131. Minister of Transport 13 The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act, Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Collection and Disclosure of Information Sections 13-15 (a) disclose the list to air carriers and to operators of aviation reservation systems; (b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4); (c) disclose to air carriers any direction made by the Minister under section 9; and (d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10. 2015, c. 20, s. 11 “13”; 2019, c. 13, s. 132. Canada Border Services Agency 14 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person. 2015, c. 20, s. 11 “14”; 2019, c. 13, s. 133. Administrative Recourse Application to Minister 15 (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list. Exceptional circumstances (2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1). Representations (3) The Minister must afford the applicant a reasonable opportunity to make representations. Application to Minister (4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Administrative Recourse Sections 15-16 Notice of decision to applicant (5) The Minister must give notice without delay to the applicant of any decision made in respect of the application. Deemed decision (6) If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list. 2015, c. 20, s. 11 “15”; 2019, c. 13, s. 134. Appeals Decisions under this Act 16 (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister. Application (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received. Extension (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow. Determination (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge. Removal from list (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list. Procedure (6) The following provisions apply to appeals under this section: Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Appeals Sections 16-17 (a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person; (b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person; (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed; (d) the judge must provide the appellant and the Minister with an opportunity to be heard; (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence; (f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant; (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws. Definition of judge (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. 2015, c. 20, s. 11 “16”; 2019, c. 13, s. 135. Protection of information on appeal 17 Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel General Section 18 General Information destruction — Minister 18 (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act: (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); (b) any information that is provided to the Minister under subsection 6(4); and (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4). Information destruction — Minister of Transport, etc. (2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act. Information destruction — section 10 persons and entities (3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel General Sections 18-20 on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act: (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and (b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4). 2015, c. 20, s. 11 “18”; 2019, c. 13, s. 136. Rights preserved 19 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful. 2015, c. 20, s. 11 “19”; 2019, c. 13, s. 136. Prohibitions Prohibition — list 20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13. Prohibition — general (2) It is prohibited to disclose whether or not any individual is or was a listed person, except (a) for the purposes of sections 10 and 10.3 to 16; (b) as required to enforce any law of Canada or a province or to carry out a lawful activity; (c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; (d) in the case where an individual discloses that he or she is or was a listed person; or (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Prohibitions Sections 20-23 Prohibition — air carriers (3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except (a) for the purposes of sections 6 and 30; (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information. 2015, c. 20, s. 11 “20”; 2019, c. 13, s. 137. Prohibition — persons and goods 21 (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of (a) their person; or (b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area. Prohibition — air carriers (2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction. Obstruction 22 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act. Offences and Punishment Contravention 23 (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Offences and Punishment Section 23 any regulation made under this Act is guilty of an offence punishable on summary conviction. Contravention of section 22 (2) Every person who contravenes section 22 is guilty of (a) an indictable offence; or (b) an offence punishable on summary conviction. Punishment — individuals (3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. Punishment — corporations (4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000. Imprisonment precluded in certain cases (5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment. Recovery of fines (6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine. Recovery of costs and charges (7) All reasonable costs and charges attendant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Offences and Punishment Sections 24-28 Defence 24 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention. Prosecution Limitation period 25 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose. Proof of documents 26 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence (a) of the original document of which it purports to be a copy; (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy. Document entries as proof 27 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record. Inspection Powers Powers to enter, seize and detain 28 (1) The Minister of Transport may (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Inspection Powers Sections 28-30 the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and (b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying. Operation of computer systems and copying equipment (2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents. Search warrants (3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act. No offence 29 A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations. Duty to assist Minister 30 The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must (a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Inspection Powers Sections 30-32 (b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act. Compliance order 31 (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular (a) the movement of aircraft or persons at aerodromes or other aviation facilities; and (b) the diversion of aircraft to alternate landing sites. Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act. Regulations Regulations 32 The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations (a) respecting the verification of air passenger identity; (b) respecting the use and protection of directions made under section 9 and the use and protection of information that is provided by the Minister or the Minister of Transport to air carriers and to operators of aviation reservation systems; (c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and (d) prescribing anything that may be prescribed under this Act. 2015, c. 20, s. 11 “32”; 2019, c. 13, s. 138. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel Transitional Provision Section 33 Transitional Provision Section 16 33 Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force (a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or (b) by the Minister of Transport under section 4.76 of the Aeronautics Act. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 13, s. 139 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. Current to June 20, 2022 Last amended on November 4, 2020 Secure Air Travel AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2019, c. 29, s. 278 278 Paragraph 28(1)(a) of the Secure Air Travel Act is replaced by the following: (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and Current to June 20, 2022 Last amended on November 4, 2020

CONSOLIDATION Sechelt Indian Band SelfGovernment Act S.C. 1986, c. 27 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 relating to self-government for the Sechelt Indian Band Short Title 1 Short title Interpretation 2 Definitions Aboriginal rights Purposes of Act 4 Purposes Sechelt Indian Band 5 Creation of Band Capacity and Powers of Band 6 Capacity of band Band subject to its constitution Sechelt Indian Band Council 8 Sechelt Indian Band Council Band to act through Council Band Constitution 10 Elements of constitution Constitution declared in force Amendment to Band Constitution 12 Amendment to constitution Publication of Constitution and Amendments 13 Publication Legislative Powers of Council 14 Legislative powers of Council Legislative powers granted by British Columbia Current to June 20, 2022 Last amended on July 15, 2019 ii Sechelt Indian Band Self-Government TABLE OF PROVISIONS Statutory Instruments Act not to apply Sechelt Indian Government District 17 Sechelt Indian Government District Capacity of District District Council established District to act through District Council Coming into force Additional powers of District Transfer of Lands 23 Transfer of fee simple title Limitations Lands held for use and benefit of Band Disposition of Sechelt Lands 26 Disposition of Sechelt lands Registration of Sechelt Lands 27 Reserve Land Register Laws on registration Notice Final list of interests Sechelt Lands 31 Class 24 of section 91 Moneys 32 Moneys Funding 33 Agreements between Minister and Band Appropriations Application of Indian Act 35 Application of Indian Act Declaration that Act not apply Application of Laws of Canada 37 General laws of Canada applicable to Band Current to June 20, 2022 Last amended on July 15, 2019 iv Sechelt Indian Band Self-Government TABLE OF PROVISIONS Application of Laws of British Columbia 38 Laws of general application of British Columbia Application of Laws Relating to Natural Resources 39 Indian Oil and Gas Act British Columbia Indian Reserves Mineral Resources Act Indian Reserves Minerals Resources Act Application of By-laws 42 Continuation in force of by-laws Governor in Council and Ministers 43 Powers, functions and duties in constitution Transitional Provisions 44 Existing council of Indian Act Sechelt band Members of Indian Act Sechelt band Disposition of Sechelt lands Consequential Amendments Commencement *61 Coming into force Current to June 20, 2022 Last amended on July 15, 2019 v S.C. 1986, c. 27 An Act relating to self-government for the Sechelt Indian Band [Assented to 17th June 1986] Preamble WHEREAS Parliament and the government of Canada are committed to enabling Indian bands that wish to exercise self-government on lands set apart for those bands to do so; AND WHEREAS the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of (a) the enactment of legislation substantially as set out in this Act for the purpose of enabling the Sechelt Band to exercise self-government over its lands, and (b) the transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with this Act, for the management, administration and control of all Sechelt lands; 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 Sechelt Indian Band SelfGovernment Act. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Interpretation Sections 2-4 Interpretation Definitions 2 (1) In this Act, Band means the Sechelt Indian Band established by subsection 5(1); (bande) Council means the Sechelt Indian Band Council referred to in section 8; (conseil) District means the Sechelt Indian Government District recognized by section 17; (district) District Council means the Sechelt Indian Government District Council established by subsection 19(1); (conseil de district) Minister means the Minister of Crown-Indigenous Relations; (ministre) Sechelt lands means (a) lands transferred to the Band under section 23, and (b) lands that are declared by the Governor in Council and the Lieutenant Governor in Council of British Columbia to be Sechelt lands for the purposes of this Act. (terres secheltes) Sechelt lands (2) For greater certainty, Sechelt lands do not include lands described in the definition “Sechelt lands” in subsection (1) where the lands have been sold or the title to the lands has been otherwise transferred. 1986, c. 27, s. 2; 2019, c. 29, s. 373. Aboriginal rights 3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the members of the Sechelt Indian Band, or any other aboriginal peoples of Canada, under section 35 of the Constitution Act, 1982. Purposes of Act Purposes 4 The purposes of this Act are to enable the Sechelt Indian Band to exercise and maintain self-government on Sechelt lands and to obtain control over and the administration of the resources and services available to its members. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Sechelt Indian Band Sections 5-9 Sechelt Indian Band Creation of Band 5 (1) The Sechelt Indian Band is hereby established to replace the Indian Act Sechelt band. Indian Act Sechelt band ceases to exist (2) The Indian Act Sechelt band ceases to exist, and all its rights, titles, interests, assets, obligations and liabilities, including those of its band council, vest in the Sechelt Indian Band established under subsection (1). Capacity and Powers of Band Capacity of band 6 The Band is a legal entity and has, subject to this Act, the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may (a) enter into contracts or agreements; (b) acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest; (c) expend or invest moneys; (d) borrow money; (e) sue or be sued; and (f) do such other things as are conducive to the exercise of its rights, powers and privileges. Band subject to its constitution 7 The powers and duties of the Band shall be carried out in accordance with its constitution. Sechelt Indian Band Council Sechelt Indian Band Council 8 The Sechelt Indian Band Council shall be the governing body of the Band, and its members shall be elected in accordance with the constitution of the Band. Band to act through Council 9 The Band shall act through the Council in exercising its powers and carrying out its duties and functions. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Band Constitution Sections 10-11 Band Constitution Elements of constitution 10 (1) The constitution of the Band shall be in writing and may (a) establish the composition of the Council, the term of office and tenure of its members and procedures relating to the election of Council members; (b) establish the procedures or processes to be followed by the Council in exercising the Band’s powers and carrying out its duties; (c) provide for a system of financial accountability of the Council to the members of the Band, including audit arrangements and the publication of financial reports; (d) include a membership code for the Band; (e) establish rules and procedures relating to the holding of referenda referred to in section 12 or subsection 21(3) or provided for in the constitution of the Band; (f) establish rules and procedures to be followed in respect of the disposition of rights and interests in Sechelt lands; (g) set out specific legislative powers of the Council selected from among the general classes of matters set out in section 14; and (h) provide for any other matters relating to the government of the Band, its members or Sechelt lands. Membership code (2) A membership code established in the constitution of the Band shall respect rights to membership in the Indian Act Sechelt band acquired under the Indian Act immediately prior to the establishment of that code. Constitution declared in force 11 (1) The Governor in Council may, on the advice of the Minister, by order, declare that the constitution of the Band is in force, if (a) the constitution includes or provides for the matters set out in paragraphs 10(1)(a) to (f); (b) the constitution has the support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band; and Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Band Constitution Sections 11-14 (c) the Governor in Council approves the constitution. Referendum (2) The support of a majority of the electors of the Indian Act Sechelt band or of the Sechelt Indian Band shall, for the purposes of this section, be established by a referendum held in accordance with the Indian Referendum Regulations. Amendment to Band Constitution Amendment to constitution 12 The Governor in Council may, on the advice of the Minister, by order, declare in force an amendment to the constitution of the Band, if the amendment has been approved in a referendum held in accordance with the constitution of the Band and the Governor in Council approves the amendment. Publication of Constitution and Amendments Publication 13 The Minister shall cause to be published in the Canada Gazette the constitution or any amendment thereto forthwith on issuing an order declaring the constitution or amendment in force under this Act. Legislative Powers of Council Legislative powers of Council 14 (1) The Council has, to the extent that it is authorized by the constitution of the Band to do so, the power to make laws in relation to matters coming within any of the following classes of matters: (a) access to and residence on Sechelt lands; (b) zoning and land use planning in respect of Sechelt lands; (c) expropriation, for community purposes, of interests in Sechelt lands by the Band; (d) the use, construction, maintenance, repair and demolition of buildings and structures on Sechelt lands; (e) taxation, for local purposes, of interests in Sechelt lands, and of occupants and tenants of Sechelt lands in Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Legislative Powers of Council Section 14 respect of their interests in those lands, including assessment, collection and enforcement procedures and appeals relating thereto; (f) the administration and management of property belonging to the Band; (g) education of Band members on Sechelt lands; (h) social and welfare services with respect to Band members, including, without restricting the generality of the foregoing, the custody and placement of children of Band members; (i) health services on Sechelt lands; (j) the preservation and management of natural resources on Sechelt lands; (k) the preservation, protection and management of fur-bearing animals, fish and game on Sechelt lands; (l) public order and safety on Sechelt lands; (m) the construction, maintenance and management of roads and the regulation of traffic on Sechelt lands; (n) the operation of businesses, professions and trades on Sechelt lands; (o) the prohibition of the sale, barter, supply, manufacture or possession of intoxicants on Sechelt lands and any exceptions to a prohibition of possession; (p) subject to subsection (2), the imposition on summary conviction of fines or imprisonment for the contravention of any law made by the Band government; (q) the devolution, by testate or intestate succession, of real property of Band members on Sechelt lands and personal property of Band members ordinarily resident on Sechelt lands; (r) financial administration of the Band; (s) the conduct of Band elections and referenda; (t) the creation of administrative bodies and agencies to assist in the administration of the affairs of the Band; and (u) matters related to the good government of the Band, its members or Sechelt lands. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Legislative Powers of Council Sections 14-18 Limit on fine, penalty or imprisonment (2) A law made in respect of the class of matters set out in paragraph (1)(p) may specify a maximum fine or a maximum term of imprisonment or both, but the maximum fine may not exceed two thousand dollars and the maximum term of imprisonment may not exceed six months. Laws of British Columbia (3) For greater certainty, the Council has the power to adopt any laws of British Columbia as its own law if it is authorized by the constitution to make laws in relation to the subject-matter of those laws. Law may require licence or permit (4) A law made by the Council may require the holding of a licence or permit and may provide for the issuance thereof and fees therefor. Legislative powers granted by British Columbia 15 The Council may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia. Statutory Instruments Act not to apply 16 The Statutory Instruments Act does not apply to a law enacted by the Council. Sechelt Indian Government District Sechelt Indian Government District 17 There is hereby recognized the Sechelt Indian Government District, which shall have jurisdiction over all Sechelt lands. Capacity of District 18 The District is a legal entity and has the capacity, rights, powers and privileges of a natural person and, without restricting the generality of the foregoing, may (a) enter into contracts or agreements; (b) acquire and hold property or any interest therein, and sell or otherwise dispose of that property or interest; (c) expend or invest moneys; (d) borrow money; (e) sue or be sued; and Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Sechelt Indian Government District Sections 18-21 (f) do such other things as are conducive to the exercise of its rights, powers and privileges. District Council established 19 (1) There is hereby established the Sechelt Indian Government District Council, which shall be the governing body of the District. Composition of District Council (2) The District Council shall consist of the members of the Council. District to act through District Council 20 The District shall act through the District Council in exercising its powers and carrying out its duties and functions. Coming into force 21 (1) Sections 17 to 20 shall come into force in accordance with this section. Sections 17 to 20 declared in force (2) The Governor in Council may, subject to subsection (3), on the advice of the Minister, by order, declare that sections 17 to 20 are in force and transfer any of the powers, duties or functions of the Band or the Council under this Act or the constitution of the Band to the District, except those relating to membership in the Band and the disposition of rights or interests in Sechelt lands. Conditions for order (3) The Governor in Council shall not make an order under subsection (2) unless he is satisfied that (a) the legislature of British Columbia has passed legislation respecting the District and the legislation is in force in British Columbia; and (b) the transfer of the powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band. Where British Columbia legislation amended (4) The Governor in Council may, on the advice of the Minister, by order, transfer any of the powers, duties and functions that were transferred to the District under subsection (2) back to the Band or the Council, as the case may be, if the legislation referred to in paragraph (3)(a) is amended. Condition for order (5) The Governor in Council shall not make an order under subsection (4) unless he is satisfied that the transfer Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Sechelt Indian Government District Sections 21-24 of powers specified in the order has been approved in a referendum held in accordance with the constitution of the Band. Where British Columbia legislation repealed (6) The Governor in Council may, on the advice of the Minister, by order, declare that sections 17 to 20 are no longer in force and transfer the powers, duties and functions that were transferred to the District under subsection (2) back to the Band if the legislation referred to in paragraph (3)(a) is no longer in force. Additional powers of District 22 The District may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia. Transfer of Lands Transfer of fee simple title 23 (1) The title to all lands that were, immediately prior to the coming into force of this section, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band is hereby transferred in fee simple to the Band, subject to the rights, interests and conditions referred to in section 24. Definition of reserves (2) In subsection (1), reserves includes surrendered lands, within the meaning of the Indian Act, that have not been sold or the title to which has not been otherwise transferred. Indian Act Sechelt band rights and interests cease (3) All rights and interests of the Indian Act Sechelt band in respect of the lands referred to in subsection (1) cease to exist on the coming into force of this section. Letters patent (4) Forthwith on the coming into force of this section the Governor in Council shall cause to be issued under the Great Seal of Canada letters patent confirming the transfer of, and describing, the lands referred to in subsection (1). Limitations 24 The fee simple title of the Band in the lands transferred to it under section 23 is subject to (a) any interests recognized or established agreement entered into between Canada and Columbia on January 26, 1943, relating to the ship and exploitation of minerals, the Current to June 20, 2022 Last amended on July 15, 2019 by the British ownerBritish Sechelt Indian Band Self-Government Transfer of Lands Sections 24-28 Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, all as amended from time to time; (b) the conditions of conveyance set out in British Columbia Order in Council No. 1036 of July 29, 1938, as amended by British Columbia Order in Council No. 1555 of May 13, 1969, in respect of the lands conveyed to Her Majesty in right of Canada by that Order in Council; and (c) any rights or interests under a mortgage, lease, occupation permit, certificate of possession or other grant or authorization in respect of the lands that exist on the coming into force of this section. Lands held for use and benefit of Band 25 The Band holds the lands transferred to it under section 23 for the use and benefit of the Band and its members. Disposition of Sechelt Lands Disposition of Sechelt lands 26 The Band has full power to dispose of any Sechelt lands and any rights or interests therein but shall not do so except in accordance with the procedure established in the constitution of the Band. Registration of Sechelt Lands Reserve Land Register 27 (1) Subject to subsection (2), particulars relating to all transactions respecting Sechelt lands shall be entered in the Reserve Land Register kept under section 21 of the Indian Act. When section not to apply (2) This section does not apply with respect to any Sechelt lands that are registered pursuant to section 28. Laws on registration 28 The Council may make laws authorizing the registration, in accordance with the laws of British Columbia, of estates or interests in any Sechelt lands specified in the laws of the Council, and for that purpose may make laws making any laws of British Columbia applicable to those Sechelt lands. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Registration of Sechelt Lands Section 29 Notice 29 (1) Where a law is made under section 28, the Council shall forthwith (a) cause to be published in a local newspaper of general circulation notice of the law with a legal description of the lands to which it relates; and (b) give notice thereof to the Minister, or a person designated by the Minister for that purpose, and provide the Minister or that person with a copy of the law and a survey plan and legal description of the lands to which it relates. Minister to provide particulars to Council (2) The Minister shall forthwith, and in any event not later than thirty days after receipt of notice of a law under subsection (1) in respect of any Sechelt lands, (a) cause to be provided to the Council a list of all particulars entered on the Reserve Land Register kept under section 21 of the Indian Act in respect of those lands; and (b) cause to be sent to any person who appears from the Reserve Land Register to have any interest in those lands, at his latest known address, a notice indicating that (i) a law has been made under subsection (1) in respect of those lands, and (ii) that person may not request any modification of the Register unless he does so within the time period referred to in subsection (3). List to be posted (3) The Council shall, forthwith on receiving the list referred to in paragraph (2)(a), cause the list or a copy thereof to be posted in a conspicuous place on the lands to which the list relates, and in another conspicuous place within the Sechelt community, and shall indicate thereon that no person may request a modification of the Reserve Land Register unless he does so within thirty days after a date indicated on the list, which date shall be the date on which the list was provided to the Council. Request for modification (4) Any person may, within the time period referred to in subsection (3), make a request to the Minister for a modification of the Reserve Land Register. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Registration of Sechelt Lands Sections 29-33 Consideration of request (5) The Minister, or a person designated by the Minister for that purpose, shall consider a request under subsection (4) forthwith on receipt, and a decision of the Minister or the designated person on the matter shall be final. Final list of interests 30 (1) The Minister shall cause to be prepared, not later than ten days after the expiration of the period referred to in subsection 29(3), a final list of all rights and interests in Sechelt lands in respect of which laws are made under section 28. Copies to be provided (2) The Minister shall cause a copy of every final list prepared under subsection (1) to be provided forthwith to the Council and to an official designated for that purpose by the government of British Columbia. Final list determinative (3) A final list prepared under subsection (1) is for all purposes determinative of all rights and interests in the lands to which it relates as of the time the list is prepared. Sechelt Lands Class 24 of section 91 31 For greater certainty, Sechelt lands are lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867. Moneys Moneys 32 (1) Moneys held by Her Majesty in right of Canada for the use and benefit of the Indian Act Sechelt band shall be transferred to the Band. Limitation (2) Moneys transferred under this section shall be administered in accordance with the constitution and laws of the Band. Funding Agreements between Minister and Band 33 The Minister may, with the approval of the Governor in Council, enter into an agreement with the Band under which funding would be provided by the government of Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Funding Sections 33-37 Canada to the Band in the form of grants over such period of time, and subject to such terms and conditions, as are specified in the agreement. Appropriations 34 Any amounts required for the purposes of section 33 shall be paid out of such moneys as may be appropriated by Parliament for those purposes. Application of Indian Act Application of Indian Act 35 (1) Subject to section 36, the Indian Act applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands except to the extent that the Indian Act is inconsistent with this Act, the constitution of the Band or a law of the Band. Indians (2) For greater certainty, the Indian Act applies for the purpose of determining which members of the Band are “Indians” within the meaning of that Act. Taxation provisions (3) For greater certainty, section 87 of the Indian Act applies, with such modifications as the circumstances require, in respect of the Band and its members who are Indians within the meaning of that Act, subject to any laws made by the Council in relation to the class of matters set out in paragraph 14(1)(e). Declaration that Act not apply 36 The Governor in Council may, on the advice of the Minister, by order declare that the Indian Act or any provision thereof does not apply to (a) the Band or its members, or (b) any portion of Sechelt lands, and may, on the advice of the Minister, by order revoke any such order. Application of Laws of Canada General laws of Canada applicable to Band 37 All federal laws of general application in force in Canada are applicable to and in respect of the Band, its members and Sechelt lands, except to the extent that those laws are inconsistent with this Act. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Application of Laws of British Columbia Sections 38-42 Application of Laws of British Columbia Laws of general application of British Columbia 38 Laws of general application of British Columbia apply to or in respect of the members of the Band except to the extent that those laws are inconsistent with the terms of any treaty, this or any other Act of Parliament, the constitution of the Band or a law of the Band. Application of Laws Relating to Natural Resources Indian Oil and Gas Act 39 The Indian Oil and Gas Act, as amended from time to time, applies, with such modifications as the circumstances require, in respect of the Band, its members, the Council and Sechelt lands. British Columbia Indian Reserves Mineral Resources Act 40 For greater certainty, the British Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44, as amended from time to time, applies in respect of Sechelt lands. Indian Reserves Minerals Resources Act 41 The Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, as amended from time to time, applies in respect of Sechelt lands. Application of By-laws Continuation in force of by-laws 42 The by-laws of the Indian Act Sechelt band that are in force immediately before this Act comes into force remain in force on Sechelt lands that were, at that time, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band and in respect of the members of the Band to the extent that the by-laws are consistent with this Act, the constitution of the Band or a law of the Band. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Governor in Council and Ministers Sections 43-46 Governor in Council and Ministers Powers, functions and duties in constitution 43 The Governor in Council or any Minister of the Crown may exercise any powers and carry out any functions or duties that the Governor in Council or Minister, as the case may be, is authorized under the constitution of the Band to exercise or carry out. Transitional Provisions Existing council of Indian Act Sechelt band 44 (1) The council of the Indian Act Sechelt band that is in office pursuant to the Indian Act immediately before the coming into force of section 5 shall be deemed to be the Council and to have been elected in accordance with the constitution of the Band. Term of office (2) The council of the Indian Act Sechelt band referred to in subsection (1) shall continue in office as the Council until a new Council has been elected in accordance with the constitution of the Band. Indian Act applies (3) Any provisions of the Indian Act relating to elections of band councils and the qualification of persons to hold office as chief or councillor apply to the council of the Indian Act Sechelt band until a new Council has been elected in accordance with the constitution of the Band. Members of Indian Act Sechelt band 45 (1) The members of the Indian Act Sechelt band, immediately before the coming into force of this Act, are the members of the Sechelt Indian band immediately after the coming into force of the Act. Membership provisions apply (2) For greater certainty, during any period after this Act comes into force but before the Band constitution comes into force the provisions of the Indian Act relating to membership apply in respect of the Sechelt Indian Band. Disposition of Sechelt lands 46 For greater certainty, during any period after this Act comes into force but before the constitution of the Band comes into force, the provisions of the Indian Act relating to the disposition of rights or interests in reserves, within the meaning of that Act, apply in respect of Sechelt lands. Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government Consequential Amendments Sections 47 to 60-61 Consequential Amendments 47 to 60 [Amendments to other Acts] Commencement Coming into force 61 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except sections 17 to 20, in force October 9, 1986, see SI/86-193; sections 17 to 20 in force, see SI/88-48.] * Current to June 20, 2022 Last amended on July 15, 2019 Sechelt Indian Band Self-Government RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, s. 373 (3) Other references to Minister (3) Unless the context requires otherwise, every reference to the “Minister” is to be read as a reference to the “Minister of Crown-Indigenous Relations” in sections 12 and 13 of the Sechelt Indian Band Self-Government Act. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Shared Services Canada Act S.C. 2012, c. 19, s. 711 NOTE [Enacted by section 711 of chapter 19 of the Statutes of Canada, 2012, in force on assent June 29, 2012.] 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 to establish Shared Services Canada Short Title 1 Short title Interpretation 2 Definitions Designation of Minister 3 Power of Governor in Council Establishment 4 Establishment Minister Powers, Duties and Functions 6 Governor in Council Minister 7.1 Delegation — appropriate Minister Governor in Council’s approval Charging for services 9.1 Authorization Organization and Head Office 10 President President Remuneration Head office Human Resources 14 Appointment of employees General 15 Access to Information Act Privacy Act Current to June 20, 2022 Last amended on June 22, 2017 ii Shared Services Canada TABLE OF PROVISIONS Transitional Provisions Definitions 17 Definitions Former Department 18 President Transfer of appropriations References Current to June 20, 2022 Last amended on June 22, 2017 iv S.C. 2012, c. 19, s. 711 An Act to establish Shared Services Canada [Assented to 29th June 2012] Preamble Recognizing that the Government of Canada wishes to standardize and consolidate, within a single shared services entity, certain administrative services that support government institutions; and doing so will enable those services to be provided more effectively and will support the efficient use of public money; 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 Shared Services Canada Act. Interpretation Definitions 2 The following definitions apply in this Act. Crown corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société d’État) department has the same meaning as in section 2 of the Financial Administration Act. (ministère) President means the President of Shared Services Canada appointed under subsection 10(1). (président) Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Interpretation Sections 2-7 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. Establishment Establishment 4 A department is established, called Shared Services Canada, for the purpose of assisting the Minister in providing the services specified under section 6. Minister 5 The Minister presides over Shared Services Canada and has the management and direction of it. Powers, Duties and Functions Governor in Council 6 The Governor in Council may specify (a) the services that the Minister must provide through Shared Services Canada; (b) the services that the Minister may provide through Shared Services Canada; (c) the departments that must obtain a service that is specified under paragraph (a) exclusively from the Minister through Shared Services Canada and that are not permitted to meet their requirement for that service internally; (d) the departments and Crown corporations to which the Minister is permitted to provide services through Shared Services Canada; (e) the departments and Crown corporations to which the Minister is not permitted to provide services through Shared Services Canada; and (f) terms and conditions respecting the provision of the specified services. Minister 7 The Minister may, for the purpose of providing services under this Act, exercise any of the powers, or Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Powers, Duties and Functions Sections 7-7.1 perform any of the duties or functions, that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments, Crown corporations, persons, organizations and governments to which those services are provided. 2012, c. 19, s. 711 “7”; 2017, c. 20, s. 113. Delegation — appropriate Minister 7.1 (1) For the purpose of providing services under this Act to a department through Shared Services Canada, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s appropriate Minister. Delegation — chief executive (2) For the purpose of providing services under this Act, through Shared Services Canada, to a department over which the Minister does not preside but for which he or she is the appropriate Minister, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s chief executive. Subdelegation — chief executive (3) The appropriate Minister for a department may, subject to and in accordance with the delegation under subsection (1), subdelegate to the chief executive of that department, for any period and under any terms and conditions that the appropriate Minister considers suitable, the power that was delegated to him or her under that subsection. Subdelegation — subordinate (4) The chief executive of a department may, subject to and in accordance with the delegation under subsection (2) or the subdelegation under subsection (3), subdelegate to any person under his or her jurisdiction, for any period and under any terms and conditions that the chief executive considers suitable, the power that was delegated or subdelegated, as the case may be, to him or her under that subsection. Definitions (5) The following definitions apply in this section. appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) chief executive means Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Powers, Duties and Functions Sections 7.1-9.1 (a) with respect to a department named in Part I of Schedule VI to the Financial Administration Act, its deputy minister; (b) with respect to a department named in Part II or III of that Schedule, the person occupying the position set out opposite that name; and (c) with respect to a department that is not named in that Schedule, the chief executive officer, the deputy head or the person who occupies any other similar position, however called, in that department. (administrateur principal) 2017, c. 20, s. 113. Governor in Council’s approval 8 The Minister may — with the Governor in Council’s approval, given on a general or a specific basis — provide the services that are specified under paragraph 6(a) or (b) through Shared Services Canada to any person, organization or government, including a foreign government. Charging for services 9 The Minister may, subject to any regulations that the Treasury Board makes for the purposes of this section, charge for the services that are provided under this Act. Authorization 9.1 (1) Despite the Governor in Council having specified, under paragraph 6(c), that a department must obtain a service that is specified under paragraph 6(a) exclusively from the Minister through Shared Services Canada and is not permitted to meet its requirement for that service internally, the Minister may, if the Minister considers that exceptional circumstances justify it, and under any terms and conditions that the Minister specifies, (a) authorize that department to obtain part of that service other than from the Minister through Shared Services Canada, including by meeting its requirement for that part of the service internally; or (b) authorize that department to obtain all of that service in respect of one or more portions of the department — but not all of the department — other than from the Minister through Shared Services Canada, including by meeting its requirement for that service internally. Power exercised personally (2) The Minister must personally exercise the power that is set out in subsection (1). Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Powers, Duties and Functions Sections 9.1-15 Instructions (3) A department that is authorized, under subsection (1), to obtain all or part of a service other than from the Minister through Shared Services Canada, including by meeting its requirement for that service or that part of the service internally, must do so in accordance with any instructions that the Minister provides. 2017, c. 20, s. 114. Organization and Head Office President 10 (1) The Governor in Council is to appoint a President of Shared Services Canada to hold office during pleasure. Executive Vice-president (2) The Governor in Council may appoint an Executive Vice-president of Shared Services Canada to hold office during pleasure. President 11 (1) The President is the deputy head of Shared Services Canada. Executive Vice-president (2) The Executive Vice-president is to act as President if that office is vacant or if the President is absent or incapacitated. Remuneration 12 The President and the Executive Vice-president are to be paid the remuneration that is fixed by the Governor in Council. Head office 13 The head office of Shared Services Canada is to be in the National Capital Region that is described in the schedule to the National Capital Act. Human Resources Appointment of employees 14 The employees that are necessary for the conduct of Shared Services Canada’s work are to be appointed in accordance with the Public Service Employment Act. General Access to Information Act 15 For greater certainty, for the purposes of the Access to Information Act, the records of other government Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada General Sections 15-18 institutions as defined in that Act or of other organizations that are, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems are not under the control of Shared Services Canada. Privacy Act 16 For greater certainty, for the purposes of the Privacy Act, personal information that is collected by other government institutions as defined in that Act or by other organizations and that is, on behalf of those institutions or organizations, contained in or carried on Shared Services Canada’s information technology systems is not under the control of Shared Services Canada. Transitional Provisions Definitions Definitions 17 The following definitions apply in sections 18 to 20. former department means the portion of the federal public administration known as Shared Services Canada. (ancien ministère) new department means Shared Services Canada as established by section 4. (nouveau ministère) Former Department President 18 (1) The person occupying the position of President of the former department on the day on which this section comes into force becomes President of the new department on that day and is deemed to have been appointed under subsection 10(1). Employees (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former department, except that the employee is, on the coming into force of this section, to occupy that position in the new department. Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Transitional Provisions Former Department Sections 18-20 Definition of employee (3) In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act. Transfer of appropriations 19 (1) 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 federal public administration’s charges and expenses for the former department that is unexpended on the day on which this 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 President or an employee of the former department under any Act, order, rule or regulation, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s President or an employee of the new department. References 20 (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) the schedule to the Privacy Act; (c) any order of the Governor in Council made under subsection 3.2(2) of the Access to Information Act; (d) any order of the Governor in Council made under subsection 3.1(2) of the Privacy Act; (e) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act; and (f) Schedules I.1, IV and VI to the Financial Administration Act. Deputy head (2) The designation of a person as deputy head of the former department in any of the following is deemed to be a designation of the President of the new department as deputy head of that department: Current to June 20, 2022 Last amended on June 22, 2017 Shared Services Canada Transitional Provisions Former Department Section 20 (a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and (b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act. Current to June 20, 2022 Last amended on June 22, 2017

CONSOLIDATION The Saskatchewan Natural Resources Act S.C. 1930, c. 41 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 transfer of the Natural Resources of Saskatchewan 1 Short title Agreement confirmed SCHEDULE Memorandum of Agreement Current to June 20, 2022 ii S.C. 1930, c. 41 An Act respecting the transfer of the Natural Resources of Saskatchewan [Assented to 30th May 1930] His 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 Saskatchewan Natural Resources Act. Agreement confirmed 2 The agreement set out in the schedule hereto is hereby approved. Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement SCHEDULE Memorandum of Agreement Made this 20th day of March, 1930. Between The Government of the Dominion of Canada, represented herein by the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, Of the first part, and The Government of the Province of Saskatchewan, represented herein by the Honourable James Thomas Milton Anderson, Premier and Minister of Education of the Province, and the Honourable Murdoch Alexander MacPherson, Attorney-General, Of the second part. Whereas by section twenty-one of the Saskatchewan Act, being chapter forty-two of the four and five Edward the Seventh, it was provided that “All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the Province under the North-West Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said Province with the substitution therein of the said Province for the North-West Territories;” And whereas the Government of Canada desires that the Province should be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources as from its entry into Confederation in 1905; And whereas the Government of the Province contends that, before the Province was constituted and entered into Confederation as aforesaid, the Parliament of Canada was not competent to enact that the natural resources within the area now included within the boundaries of the Province should vest in the Crown and be administered by the Government of Canada for the purposes of Canada and was not entitled to administer the said natural resources otherwise than for the benefit of the residents within the said area, and moreover that the Province is entitled to be and should be placed in a position of equality with the other Provinces of Confederation with respect to its natural resources as from the fifteenth day of July, 1870, when Rupert’s Land and the North-Western Territory were admitted into and became part of the Dominion of Canada: And whereas it has been agreed between Canada and the said Province that the said section of the Saskatchewan Act should be modified and that provision should be made for the determination of the respective rights and obligations of Canada and the Province as herein set out; Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement Now Therefore This Agreement Witnesseth: Transfer of Public Lands Generally 1 In order that the Province may be in the same position as the original Provinces of Confederation are in virtue of section one hundred and nine of the British North America Act, 1867, the interest of the Crown in all Crown lands, mines, minerals (precious and base) and royalties derived therefrom within the Province and the interest of the Crown in the waters and water-powers within the Province under the Irrigation Act, being chapter sixty-one of the Revised Statutes of Canada, 1906, as amended by chapter thirty eight, 7-8 Edw. VII, and chapter thirty-four, 9-10 Edw. VII, and under the Dominion Water Power Act, and all sums due or payable for such lands, mines, minerals or royalties or for interests or rights in or to the use of such waters or water-powers, shall from and after the coming into force of this agreement and subject as therein otherwise provided, belong to the Province, subject to any trusts existing in respect thereof, and to any interest other than that of the Crown in the same, and the said lands, mines, minerals and royalties shall be administered by the Province for the purposes thereof, subject, until the Legislature of the Province otherwise provides, to the provisions of any Act of the Parliament of Canada relating to such administration; any payment received by Canada in respect of any such lands, mines, minerals or royalties before the coming into force of this agreement shall continue to belong to Canada whether paid in advance or otherwise, it being the intention that, except as herein otherwise specially provided, Canada shall not be liable to account to the Province for any payment made in respect of any of the said lands, mines, minerals or royalties before the coming into force of this agreement, and that the Province shall not be liable to account to Canada for any such payment made thereafter. 1930, c. 41, s. 1; 1938, c. 36, s. 2. 2 The Province will carry out in accordance with the terms thereof every contract to purchase or lease any Crown lands, mines or minerals and every other arrangement whereby any person has become entitled to any interest therein as against the Crown, and further agrees not to affect or alter any term of any such contract to purchase, lease or other arrangement by legislation or otherwise, except either with the consent of all the parties thereto other than Canada or in so far as any legislation may apply generally to all similar agreements relating to lands, mines or minerals in the Province or to interests therein, irrespective of who may be the parties thereto. Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement 3 Any power or right, which, by any such contract, lease or other arrangement, or by any Act of the Parliament of Canada relating to any of the lands, mines, minerals or royalties hereby transferred or by any regulation made under any such Act, is reserved to the Governor in Council or to the Minister of the Interior or any other officer of the Government of Canada, may be exercised by such officer of the Government of the Province as may be specified by the Legislature thereof from time to time, and until otherwise directed, may be exercised by the Provincial Secretary of the Province. 4 The Province will perform every obligation of Canada, arising by virtue of the provisions of any statute or Order in Council or regulation in respect of the public lands to be administered by it hereunder, to any person entitled to a grant of lands by way of subsidy for the construction of railways or otherwise or to any railway company for grants of lands for right of way, road bed, stations, station grounds, workshops, buildings, yards, ballast pits or other appurtenances. 5 The Province will further be bound by and will, with respect of any lands or interests in lands to which the Hudson’s Bay Company may be entitled, carry out the terms and conditions of the Deed of Surrender from the said Company to the Crown as modified by the Dominion Lands Act and the Agreement dated the 23rd day of December, 1924, between His Majesty and the said Company, which said Agreement was approved by Order in Council dated the 19th day of December, 1924 (P.C. 2158), and in particular the Province will grant to the Company any lands in the Province which the Company may be entitled to select and may select from the lists of lands furnished to the Company by the Minister of the Interior under and pursuant to the said Agreement of the 23rd day of December, 1924, and will release and discharge the reservation in patents referred to in clause three of the said agreement, in case such release and discharge has not been made prior to the coming into force of this agreement. Nothing in this agreement, or in any agreement varying the same as hereinafter provided, shall in any way prejudice or diminish the rights of the Hudson’s Bay Company or affect any right to or interest in land acquired or held by the said Company pursuant to the Deed of Surrender from it to the Crown, the Dominion Lands Act or the said Agreement of the 23rd day of December, 1924. School Lands Fund and School Lands 6 Upon the coming into force of this agreement, Canada will transfer to the Province the money or securities constituting that portion of the school lands fund, created under sections twenty-two and twenty-three of the Act to amend and consolidate the several Acts respecting Public Lands of the Dominion, being chapter thirty-one of forty-two Victoria, and subsequent statutes, which is derived from the disposition of any school lands within the Province or within that part of the Northwest Territories now included within the boundaries thereof. Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement 7 The school lands fund to be transferred to the Province as aforesaid, and such of the school lands specified in section thirty-seven of the Dominion Lands Act, being chapter one hundred and thirteen of the Revised Statutes of Canada, 1927, as pass to the administration of the Province, under the terms hereof, shall be set aside and shall continue to be administered by the Province in accordance, mutatis mutandis, with the provisions of sections thirty-seven to forty of the Dominion Lands Act, for the support of schools organized and carried on therein in accordance with the law of the Province. School lands may be sold to veterans qualified to participate in the benefits of the Veterans Land Act, 1942, and amendments thereto, under and subject to terms and conditions to be prescribed by regulations made by the Lieutenant Governor in Council. The Province will, notwithstanding anything in this Agreement, invest money to which this paragraph applies in securities of Canada, or of a Province, or of a municipal corporation, school district or school unit in the Province of Saskatchewan, or in securities guaranteed by Canada or a Province, to form a school fund, and will apply the interest arising therefrom, after deducting the cost of management, for the support of schools organized and carried on in accordance with the law of the Province. 1930, c. 41, s. 7; 1948, c. 69, s. 2; 1951, c. 60, s. 2. Water 8 Canada agrees that the provision contained in section four of the Dominion Water Power Act, being chapter two hundred and ten of the Revised Statutes of Canada, 1927, that every undertaking under the said Act is declared to be a work for the general advantage of Canada, shall stand repealed as from the date of the coming into force of this agreement in so far as the same applies to undertakings within the Province; nothing in this paragraph shall be deemed to affect the legislative competence of the Parliament of Canada to make hereafter any declaration under the tenth head of section ninety-two of the British North America Act, 1867. Fisheries 9 Except as herein otherwise provided, all rights of fishery shall, after the coming into force of this agreement, belong to and be administered by the Province, and the Province shall have the right to dispose of all such rights of fishery by sale, licence or otherwise, subject to the exercise by the Parliament of Canada of its legislative jurisdiction over sea-coast and inland fisheries. Indian Reserves 10 All lands included in Indian reserves within the Province, including those selected and surveyed but not yet confirmed, as well as those confirmed, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, and the Province will from time to time, upon the request of the Superintendent General of Indian Affairs, set aside, out of the unoccupied Crown lands hereby transferred to its administration, such further areas as the said Superintendent General may, in agreement with the Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement appropriate Minister of the Province, select as necessary to enable Canada to fulfil its obligations under the treaties with the Indians of the Province, and such areas shall thereafter be administered by Canada in the same way in all respects as if they had never passed to the Province under the provisions hereof. 11 The provisions of paragraph one to six inclusive and of paragraphs eight of the agreement made between the Government of the Dominion of Canada and the Government of the Province of Ontario on the 24th day of March, 1924, which said agreement was confirmed by Statute of Canada, fourteen and fifteen George the Fifth chapter forty-eight, shall (except so far as they relate to the Bed of Navigable Waters Act) apply to the lands included in such Indian reserves as may hereafter be set aside under the last preceding clause as if the said agreement had been made between the parties hereto, and the provisions of the said paragraphs shall likewise apply to the lands included in the reserves heretofore selected and surveyed, except that neither the said lands nor the proceeds of the disposition thereof shall in any circumstances become administrable by or be paid to the Province. 12 In order to secure to the Indians of the Province the continuance of the supply of game and fish for their support and subsistence, Canada agrees that the laws respecting game in force in the Province from time to time shall apply to the Indians within the boundaries thereof, provided, however, that the said Indians shall have the right, which the Province hereby assures to them, of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access. Soldier Settlement Lands 13 All interests in Crown lands in the Province upon the security of which any advance has been made under the provisions of the Soldier Settlement Act, being chapter 188 of the Revised Statutes of Canada, 1927, and amending Acts, shall continue to be vested in and administered by the Government of Canada for the purposes of Canada. National Parks 14 The Prince Albert National Park shall continue as a national park and the lands included therein as the same are described in Orders made by the Governor in Council on the twenty-fourth day of March, 1927 (P.C. 524), the eighteenth day of October, 1928, (P.C. 1846) and the sixth day of February, 1929, (P.C. 162), together with the mines and minerals (precious and base) in the said park and the royalties incident thereto, shall continue to be vested in and administered by the Government of Canada as a national park, but in the event of the Parliament of Canada at any time declaring that the said land or any part thereof is no longer required for park purposes, the lands, mines, minerals (precious and base) and the royalties incident thereto, specified in any such declaration, shall forthwith upon the making thereof belong to the Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement Province, and the provisions of paragraph three of this agreement shall apply thereto as from the date of such declaration. 15 The Parliament of Canada shall have exclusive legislative jurisdiction within the whole area included within the outer boundaries of the said park, notwithstanding that portions of the said area may not form part of the park proper; the laws now in force within the said area shall continue in force only until changed by the Parliament of Canada or under its authority, provided, however, that all laws of the Province now or hereafter in force, which are not repugnant to any law or regulation made applicable within the said area by or under the authority of the Parliament of Canada, shall extend to and be enforceable within the same, and that all general taxing Acts passed by the Province shall apply within the same unless expressly excluded from application therein by or under the authority of the Parliament of Canada. 16 The Province will not, by works outside the boundaries of the said park, reduce the flow of water in any of the rivers or streams within the same to less than that which the Minister of the Interior may deem necessary adequately to preserve the scenic beauties of the said park. 17 In the event of its being hereafter agreed by Canada and the Province that any area or areas of land in the Province, in addition to that hereinbefore specified, should be set aside as national parks and be administered by Canada, the foregoing provisions of this agreement on the subject of parks may be applied to such area or areas with such modification as may be agreed upon. Seed Grain, Etc., Liens 18 Every lien upon any interest in any unpatented land passing to the Province under this agreement, which is now held by Canada as security for an advance made by Canada for seed grain, fodder or other relief, shall continue to be vested in Canada, but the Province will, on behalf of Canada, collect the sums due in respect of such advances, except so far as the same are agreed to be uncollectible, and upon payment of any such advance, any document required to be executed to discharge the lien may be executed by such officer of the Province as may be authorized by any provincial law in that behalf; the Province will account for and pay to Canada all sums belonging to Canada collected hereunder, subject to such deduction to meet the expenses of collection as may be agreed upon between the Minister of the Interior and the Provincial Secretary or such other Minister of the Province as may be designated in that behalf under the laws thereof. General Reservation to Canada 19 Except as herein otherwise expressly provided, nothing in this agreement shall be interpreted as applying so as to affect or transfer to the administration of the Province (a) any lands for which Crown grants have been made and registered under the Land Titles Act of the Province and to Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement which His Majesty the King in the right of His Dominion of Canada is, or is entitled to become the registered owner at the date upon which this agreement comes into force; or (b) any ungranted lands of the Crown upon which public money of Canada has been expended or which are, at the date upon which this agreement comes into force, in use or reserved by Canada for the purpose of the federal administration. Historic Sites, Bird Sanctuaries, Etc. 20 The Province will not dispose of any historic site which is notified to it by Canada as such and which Canada undertakes to maintain as an historic site. The Province will further continue and preserve as such the bird sanctuaries and public shooting grounds which have been already established and will set aside such additional bird sanctuaries and public shooting grounds as may hereafter be established by agreement between the Minister of the Interior and the Provincial Secretary or such other Minister of the Province as may be specified under the laws thereof. 20A The Province may discontinue any bird sanctuary or public shooting ground which was transferred to the Province by virtue of this Agreement or which has been established by the Province or which may hereafter be established by the Province pursuant to this Agreement in any case in which an agreement is entered into between the Minister of Mines and Resources of Canada and the Minister of Natural Resources and Industrial Development of Saskatchewan approved by the Governor in Council and the Lieutenant Governor in Council respectively, providing for the discotinuance of any such bird sanctuary or public shooting ground. 1947, c. 45, s. 2. Financial Terms 21 In lieu of the provision made by subsection one of section twenty of the Saskatchewan Act, Canada will, from and after the date of the coming into force of this agreement, pay to the Province by half-yearly payments in advance, on the first days of January and July in each year, an annual sum based upon the population of the Province as from time to time ascertained by the quinquennial census thereof, as follows: The sum payable until such population reaches one million two hundred thousand shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 22 If at the date of the coming into force of this agreement any payment has been made under the subsection one of section twenty of the Saskatchewan Act in respect of any halfyear commencing before but terminating after the said date, a proportionate part of the payment so made shall be taken as having been made under the provisions hereof. Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement 23 Provision will be made pursuant to section fifty-five of the Supreme Court Act, being chapter thirty-five of the Revised Statutes of Canada, 1927, to submit for the consideration of the Supreme Court of Canada questions agreed upon between the parties hereto as being appropriate to obtain the judgment of the said Court, subject to appeal to His Majesty in Council in accordance with the usual practice, as to the rights of Canada and the Province respectively, before the first day of September, 1905, in or to the lands, mines or minerals (precious or base), now lying within the boundaries of the Province and as to any alienation by Canada before the said date of any of the said lands, mines or minerals or royalties incident thereto. 24 As soon as final answers to the questions submitted under the last preceding paragraph have been given, the Government of Canada will appoint three persons to be agreed upon to be Commissioners under Part I of the Inquiries Act, to inquire and report whether any, and if any, what consideration, in addition to the sums provided in paragraph twentyone hereof, shall be paid to the Province in order that the Province may be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources either as from the first day of September, 1905, or as from such earlier date, if any, as may appear to be proper, having regard to the answers to the questions submitted as aforesaid; such commissioners to be empowered to decide what financial or other considerations are relevant to the inquiry and the report to be submitted to the Parliament of Canada and to the Legislature of Saskatchewan, if by the said report, the payment of any additional consideration is recommended, then, upon agreement between the Governments of Canada and of the Province following the submission of such report, the said Governments will respectively introduce the legislation necessary to give effect to such agreement. Records 25 Canada will, after the coming into force of this agreement, deliver to the Province from time to time at the request of the Province the originals or complete copies of all records in any department of the Government of Canada relating exclusively to dealings with Crown lands, mines and minerals, and royalties derived therefrom within the Province, and will give to the Province access to all other records, documents or entries relating to any such dealings and permit to be copied by the Province any of the documents required by it for the effective administration of the Crown lands, mines, minerals and royalties. Amendment of Agreement 26 The foregoing provisions of this agreement may be varied by agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province. Current to June 20, 2022 Saskatchewan Natural Resources Act SCHEDULE Memorandum of Agreement Reservation of Rights 27 This agreement is signed on behalf of the Province with the reservation on its part that neither the execution thereof nor any statute confirming the same shall affect or prejudice any right the Province may now have to call into question the legislative competence of the Parliament of Canada to enact certain sections of the Saskatchewan Act and the Dominion Lands Acts. When Agreement Comes Into Force 28 This agreement is made subject to its being approved by the Parliament of Canada and by the Legislature of the Province of Saskatchewan, and shall take effect on the first day of the calendar month beginning next after the day upon which His Majesty gives His Assent to an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland confirming the same. In witness whereof the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, have hereunto set their hands on behalf of the Dominion of Canada, and the Honourable James Thomas Milton Anderson, Premier and Minister of Education of the Province, and the Honourable Murdoch Alexander MacPherson, Attorney-General thereof, have hereunto set their hands on behalf of the Province of Saskatchewan. Signed on behalf of the Govern- ERNEST LAPOINTE ment of Canada, by the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, CHAS. STEWART Minister of the Interior, in the presence of O.M. BIGGAR Signed on behalf of the Province of Saskatchewan by the Honourable James Thomas Milton Anderson, Premier and Minis- J. T. M. ANDERSON ter of Education, and the Honourable Murdoch Alexander MacPherson, Attorney-General, in the presence of M. A. MacPHERSON JAS. F. BRYANT R. STIPE Current to June 20, 2022 Saskatchewan Natural Resources Act RELATED PROVISIONS RELATED PROVISIONS — 1931, c. 51, s. 2 Agreement confirmed 2 The agreement set out in the schedule hereto is hereby confirmed and shall take effect according to its terms. SCHEDULE Memorandum of Agreement Made this 7th day of August, 1930 Between: The Government of the Dominion of Canada, represented herein by the Honourable Charles Stewart, Minister of the Interior, Of the first part, and The Government of the Province of Saskatchewan, represented herein by the Honourable James Thomas Milton Anderson, Premier of Saskatchewan, Of the second part. Whereas by paragraph 26 of the agreement made between the parties hereto on the 20th day of March, 1930, it was agreed that the provisions of the said agreement might be varied by agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province; And whereas it was further provided by certain clauses of the said agreement, more particularly paragraphs 1, 6, 8, 9, 19, 21, 22 and 25, that the relations of the parties thereto should be altered as in the said agreement specified from and after the date of the coming into force thereof, and the date upon which it was then contemplated that it should come into force, as defined by paragraph 28, has now been ascertained as being the 1st day of August, 1930; And whereas the Government of the Province has requested that the presently existing powers and rights of each of the parties should continue without alteration until the 1st day of October, 1930, and the parties hereto have agreed accordingly: Now Therefore This Agreement Witnesseth that: 1 Notwithstanding anything in the said agreement contained, any expression therein contained which defines a date by reference to which the powers or rights of either of the parties are to be altered shall be read as referring to the 1st day of October, 1930, instead of to the 1st day of August in that year. 2 The Government of Canada will recommend to Parliament and the Government of the Province of Saskatchewan will recommend to the Legislature of the said Province such legislation as may be necessary to give effect to this agreement. Current to June 20, 2022

CONSOLIDATION Safe Drinking Water for First Nations Act S.C. 2013, c. 21 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 safety of drinking water on First Nation lands Short Title 1 Short title Interpretation 2 Definitions Aboriginal rights Regulations 4 Recommendation of Minister Included powers Agreements — Minister Conflict with First Nation laws Other Acts 8 Statutory Instruments Act Federal Courts Act Moneys collected provincially Limits on Liability, Defences and Immunities 11 Acts and omissions — federal minister or employee Appropriations not subject to claims Her Majesty saved Coming into Force *15 Order in council Current to June 20, 2022 Last amended on August 28, 2019 ii S.C. 2013, c. 21 An Act respecting the safety of drinking water on First Nation lands [Assented to 19th June 2013] Preamble Whereas it is important for residents of First Nation lands to have access to safe drinking water; Whereas effective regulatory regimes are required to ensure such access; Whereas the Government of Canada is committed to improving the health and safety of residents of First Nation lands; And whereas the Minister of Northern Development and the have committed to working with velop proposals for regulations this Act; Indian Affairs and Minister of Health First Nations to deto be made under 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 Safe Drinking Water for First Nations Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Interpretation Section 2 drinking water means water intended for use by humans for drinking, bathing or food preparation. (eau potable) drinking water system means a system for the collection, storage, treatment or distribution of drinking water, and includes a well. (système d’alimentation en eau potable) First Nation means (a) a band, as defined in subsection 2(1) of the Indian Act, the disposition of whose lands is subject to that Act or the First Nations Land Management Act; or (b) any other band, as defined in subsection 2(1) of the Indian Act, specified in regulations made under subsection (2). (première nation) First Nation lands means (a) lands the disposition of which is subject to the Indian Act or the First Nations Land Management Act; or (b) in relation to a band specified in regulations made under subsection (2), the lands described in those regulations. (terres) Minister means the Minister of Indigenous Services. (ministre) provincial body means a body established by a provincial Act. (organisme provincial) provincial official means a minister of the Crown in right of a province, a person employed by a province or a person appointed to or employed by a provincial body. (fonctionnaire provincial) waste water system means a system for the collection, treatment or disposal of waste water. (système de traitement des eaux usées) Regulations (2) The Governor in Council may make regulations providing, for the purposes of this Act, that a band, as defined in subsection 2(1) of the Indian Act, is a First Nation and that lands described in those regulations are First Nation lands. 2013, c. 21, s. 2; 2019, c. 29, s. 375. Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Interpretation Sections 3-4 Aboriginal rights 3 For greater certainty, nothing in this Act or the regulations is to be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982, except to the extent necessary to ensure the safety of drinking water on First Nation lands. Regulations Recommendation of Minister 4 (1) Subject to subsections (2) and (3), the Governor in Council may, on the recommendation of the Minister, make regulations governing the provision of drinking water on First Nation lands and the disposal of waste water on First Nation lands, including regulations respecting (a) the training and certification of operators of drinking water systems and waste water systems; (b) the protection of sources of drinking water from contamination; (c) the location, design, construction, modification, maintenance, operation and decommissioning of drinking water systems; (d) the distribution of drinking water by truck; (e) the location, design, construction, modification, maintenance, operation and decommissioning of waste water systems; (f) the collection and treatment of waste water; (g) the monitoring, sampling and testing of waste water and the reporting of test results; and (h) the handling, use and disposal of products of waste water treatment. Recommendation of Minister of Health (2) The Governor in Council may, on the recommendation of the Minister of Health, make regulations respecting standards for the quality of drinking water on First Nation lands. Recommendation of Minister and Minister of Health (3) The Governor in Council may, on the recommendation of the Minister and the Minister of Health, make regulations respecting Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Regulations Sections 4-5 (a) the monitoring, sampling and testing of drinking water on First Nation lands and the reporting of test results; (b) the making of remediation orders if standards established under subsection (2) have not been met; and (c) emergency measures in response to the contamination of drinking water on First Nation lands. Included powers 5 (1) Regulations made under section 4 may (a) specify the classes of drinking water systems and waste water systems to which the regulations apply; (b) confer on any person or body any legislative, administrative, judicial or other power that the Governor in Council considers necessary to effectively regulate drinking water systems and waste water systems; (c) confer on any person or body the power, exercisable in specified circumstances and subject to specified conditions, (i) to make orders to cease any work, comply with any provision of the regulations or remedy the consequences of a failure to comply with the regulations, (ii) to do any work that the person or body considers necessary and to recover the costs of that work, or (iii) to appoint a manager independent of the First Nation to operate a drinking water system or waste water system on its First Nation lands; (d) fix, or prescribe the manner of calculating, the fees to be paid to any person or body for the use of a drinking water system or a waste water system; (e) fix the rate of interest to be charged on amounts owing under the regulations; (f) subject to subsection (2), establish offences punishable on summary conviction for contraventions of the regulations and set fines or terms of imprisonment or both for such offences; (g) establish a system of administrative monetary penalties applicable to contraventions of specified provisions of the regulations and set the amounts of those penalties; Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Regulations Section 5 (h) confer on any person the power to verify compliance with the regulations, including the power to seize and detain things found in the exercise of that power; (i) confer on any person the power to apply for a warrant to conduct a search of a place; (j) confer on any person the power to audit the books, accounts and records of persons or bodies that exercise powers or perform duties under the regulations; (k) require the collection, recording and reporting of information relating to the quality of drinking water or to waste water; (l) prescribe rules respecting the confidentiality or disclosure of any information obtained under the regulations; (m) prescribe rules of procedure for hearings to be held in relation to a drinking water system or waste water system, including rules for the issuance of subpoenas to require the appearance of persons and the production of documents and rules requiring that evidence be given under oath; (n) prescribe the obligations of any person or body that exercises powers or performs duties under the regulations, and specify the penalties that apply in the event of the breach of those obligations; (o) subject to paragraphs 11(1)(a), (2)(a) and (3)(a) and section 12, set limits on the liability of any person or body exercising a power or performing a duty under the regulations, and establish defences and immunities for such a person or body; (p) require permits to be obtained as a condition of engaging in any activity on First Nation lands that could affect the quality of drinking water, or as a condition of engaging in any activity governed by the regulations, specify the terms and conditions of those permits and provide for their issuance, suspension and cancellation; (q) deem a First Nation or any person or body, for the purposes of this Act, to be the owner of a drinking water system or waste water system of a prescribed class, and prescribe classes of drinking water systems and waste water systems for that purpose; and (r) require that an assessment of the environmental effects of drinking water systems or waste water systems be undertaken in circumstances where the Impact Assessment Act does not apply, and establish a procedure to be followed in such assessments. Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Regulations Sections 5-6 Offences under provincial law (2) If a contravention of the regulations that is an offence under paragraph (1)(f) would have been an offence under provincial law had the contravention occurred outside First Nation lands in the province in which it occurred, the fine or term of imprisonment imposed for the contravention by the regulations may not exceed that imposed by provincial law for such a contravention. Incorporation by reference (3) Regulations made under section 4 may incorporate by reference laws of a province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. Provincial variations (4) Regulations made under section 4 may vary from province to province and, within any province, may be restricted to the First Nations specified in the regulations or exempt specified First Nations from their application. Limitation (5) Section 4 does not authorize the making of regulations respecting (a) the allocation of water supplies; or (b) the issuance of permits for the use of water for any purpose other than the provision of drinking water. 2013, c. 21, s. 5; 2012, c. 19, s. 65; 2019, c. 28, s. 188. Agreements — Minister 6 (1) The Minister may enter into an agreement for the administration and enforcement of regulations made under subsection 4(1) with any province, corporation or other body. Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Regulations Sections 6-10 Agreements — Minister of Health (2) The Minister of Health may enter into an agreement for the administration and enforcement of regulations made under subsection 4(2) with any province, corporation or other body. Agreements — both Ministers (3) The Minister may, in consultation with the Minister of Health, enter into an agreement for the administration and enforcement of regulations made under subsection 4(3) with any province, corporation or other body. Conflict with First Nation laws 7 Regulations made under this Act prevail over any laws or by-laws made by a First Nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise. Other Acts Statutory Instruments Act 8 The Statutory Instruments Act does not apply to an instrument made by a provincial official or body under the authority of a provincial law incorporated by reference in the regulations. Federal Courts Act 9 (1) A provincial official or body that exercises a power or performs a duty under the regulations 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 the regulations, if a power or duty conferred or imposed by provincial law is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations 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 provincial law applied of its own force. Moneys collected provincially 10 Fees, charges, fines or other payments collected by a person or body pursuant to the regulations are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act. Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Limits on Liability, Defences and Immunities Section 11 Limits on Liability, Defences and Immunities Acts and omissions — federal minister or employee 11 (1) In respect of any act or omission that occurs in a given province in the exercise of a power or the performance of a duty under the regulations by a minister of the Crown in right of Canada or an employee in the federal public administration, Her Majesty in right of Canada and the minister or employee are entitled, in addition to any limits on liability, defences and immunities under the Crown Liability and Proceedings Act, to (a) in the case of Her Majesty in right of Canada, the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in the exercise of such a power or the performance of such a duty under the laws of the province; and (b) in the case of the minister or employee, the same limits on liability, defences and immunities as those that would apply to a provincial official exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations. Acts and omissions — provincial official or body (2) In respect of any act or omission that occurs in the exercise of a power or the performance of a duty under the regulations by a provincial official or body, (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 the exercise of such a power or the performance of such a duty under the laws of the province; and (b) the official or body is entitled to the same limits on liability, defences and immunities as those that would apply to a provincial official or body exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations. Acts and omissions — other person or body (3) In respect of any act or omission that occurs in a given province in the exercise of a power or the performance of a duty under the regulations by a person or body other than Her Majesty in right of Canada, a minister of the Current to June 20, 2022 Last amended on August 28, 2019 Safe Drinking Water for First Nations Limits on Liability, Defences and Immunities Sections 11-15 Crown in right of Canada, an employee in the federal public administration or a provincial official or body, (a) no person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada; and (b) the person or body is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body exercising such a power or performing such a duty under the laws of the province, unless otherwise provided by the regulations. Appropriations not subject to claims 12 No payment may be made under an appropriation authorized by an Act of Parliament in order to satisfy any claim arising out of an act or omission referred to in subsection 11(3). Her Majesty saved 13 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada under the regulations. Coming into Force Order in council 15 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 November 1, 2013, see SI/2013-111.] Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION Sioux Valley Dakota Nation Governance Act S.C. 2014, c. 1 Current to June 20, 2022 Last amended on July 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 July 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 July 1, 2014 TABLE OF PROVISIONS An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definition of Agreement Agreement 3 Agreement given effect Inconsistency with Agreement Sioux Valley Dakota Nation 5 Capacity Force of law Application of Other Acts 7 Indian Act Indian Oil and Gas Act Statutory Instruments Act Official Languages Act General 11 Judicial notice of agreements Judicial notice of laws Federal Courts Act Notice of issue arising No liability Part 16 of Agreement Regulations 17 Regulations and orders Consequential Amendments Access to Information Act Current to June 20, 2022 Last amended on July 1, 2014 ii Sioux Valley Dakota Nation Governance TABLE OF PROVISIONS Privacy Act Coordinating Amendments Coming into Force *21. Order in council Current to June 20, 2022 Last amended on July 1, 2014 iv S.C. 2014, c. 1 An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts [Assented to 4th March 2014] Preamble Whereas Sioux Valley Dakota Nation and the Government of Canada have negotiated the Governance Agreement, and by the Agreement intend to provide for a government-to-government relationship within the framework of the Constitution of Canada; Whereas Sioux Valley Dakota Nation, the Government of Canada and the Government of Manitoba have negotiated the Tripartite Governance Agreement, and in that agreement Her Majesty in right of Manitoba recognizes and concurs with the Agreement; Whereas, on August 30, 2013, the Agreement was signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada and the Tripartite Governance Agreement was signed on behalf of Sioux Valley Dakota Nation, Her Majesty in right of Canada and Her Majesty in right of Manitoba; And whereas, under the Agreement, the Government of Canada is to recommend to Parliament the legislation necessary 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 1, 2014 Sioux Valley Dakota Nation Governance Short Title Sections 1-5 Short Title Short title 1 This Act may be cited as the Sioux Valley Dakota Nation Governance Act. Interpretation Definition of Agreement 2 (1) In this Act, Agreement means the Governance Agreement signed on behalf of Sioux Valley Dakota Nation and Her Majesty in right of Canada on August 30, 2013 and includes any amendments made to it from time to time in accordance with its provisions. Definitions in Agreement (2) In this Act, Initial Sioux Valley Dakota Nation Land Law, Sioux Valley Dakota Nation Lands, Sioux Valley Dakota Nation Law, Sioux Valley Dakota Oyate Government and Tripartite Governance Agreement have the same meaning as in the Agreement. Agreement Agreement given effect 3 (1) The Agreement is approved, given effect and declared valid and has the force of law. Third parties (2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Inconsistency with Agreement 4 (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. Sioux Valley Dakota Nation Capacity 5 (1) Sioux Valley Dakota Nation is a legal entity and, without restricting the generality of the foregoing, has the capacity, rights, powers and privileges of a natural Current to June 20, 2022 Last amended on July 1, 2014 Sioux Valley Dakota Nation Governance Sioux Valley Dakota Nation Sections 5-7 person and the capacity to have standing in any legal proceeding involving (a) any aboriginal or treaty rights of Sioux Valley Dakota Nation, including those rights that may be exercised by individuals; (b) other rights of Sioux Valley Dakota Nation; or (c) the rights of Sioux Valley Dakota Nation citizens. Power and authority (2) Sioux Valley Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through Sioux Valley Dakota Oyate Government. Rights, interests, assets and obligations (3) On the coming into effect of the Agreement, all rights, interests, assets and obligations of Sioux Valley Dakota Nation as a band, as defined in the Indian Act, vest in Sioux Valley Dakota Nation. Force of law 6 (1) Sioux Valley Dakota Nation Laws that are made in accordance with the Agreement have the force of law. Inconsistency (2) In the event of any inconsistency between a Sioux Valley Dakota Nation Law and a federal law, the provisions of the Agreement relating to that inconsistency apply. Rights and obligations (3) For greater certainty, any person or body has the powers, rights, privileges and benefits that are conferred on that person or body by a Sioux Valley Dakota Nation Law and must perform the duties, and is subject to the liabilities, that are imposed on the person or body by that law. Application of Other Acts Indian Act 7 (1) The Indian Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to persons found on those lands to the extent, in the manner and in the circumstances provided for in the Agreement. Current to June 20, 2022 Last amended on July 1, 2014 Sioux Valley Dakota Nation Governance Application of Other Acts Sections 7-12 By-laws (2) Sioux Valley Dakota Nation Laws are not by-laws for the purposes of the Indian Act. Indian Oil and Gas Act 8 On the coming into effect of a Sioux Valley Dakota Nation Law that deals with subject matters that are the same as, or similar to, those dealt with by the Indian Oil and Gas Act, that Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to royalties from oil and gas taken from those lands. Statutory Instruments Act 9 Sioux Valley Dakota Nation Laws are not statutory instruments for the purposes of the Statutory Instruments Act. Official Languages Act 10 Sioux Valley Dakota Oyate Government and any entity, including a board, commission, tribunal, council or other body or office, established under a Sioux Valley Dakota Nation Law are not federal institutions as defined in subsection 3(1) of the Official Languages Act. General Judicial notice of agreements 11 (1) Judicial notice must be taken of the Agreement and the Tripartite Governance Agreement. Publication of agreements (2) The Agreement and the Tripartite Governance Agreement must be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tripartite Governance 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, unless the contrary is shown, proof that it was so published. Judicial notice of laws 12 (1) Judicial notice must be taken of a Sioux Valley Dakota Nation Law that is registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement. Current to June 20, 2022 Last amended on July 1, 2014 Sioux Valley Dakota Nation Governance General Sections 12-14 Evidence (2) A copy of a Sioux Valley Dakota Nation Law purporting to be registered in the public registry of laws maintained by Sioux Valley Dakota Nation in accordance with the Agreement is evidence of that law and of its contents, unless the contrary is shown. Federal Courts Act 13 (1) A decision-making body established under a Sioux Valley Dakota Nation Law is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act. Jurisdiction — Manitoba Court of Queen’s Bench (2) The Manitoba Court of Queen’s Bench has jurisdiction to (a) make orders or issue injunctions or grant declaratory relief against a decision-making body referred to in subsection (1); and (b) undertake judicial review of the decisions of a decision-making body referred to in subsection (1). Notice of issue arising 14 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement or the Tripartite Governance Agreement or in respect of the validity or applicability of this Act, the Manitoba legislation that gives effect to the Agreement or any Sioux Valley Dakota Nation Law, then the issue must not be decided unless the party raising the issue has served on the Attorney General of Canada, the Attorney General of Manitoba and Sioux Valley Dakota Nation notice that is in accordance with subsection (2). Content and timing of notice (2) The notice must be served at least 14 days before the day of argument of the issue, unless the court or tribunal authorizes a shorter period, and must identify (a) the proceeding in which the issue arises; (b) the issue; (c) the material facts giving rise to the issue; (d) the legal basis of the issue; and (e) the date on which the issue is to be argued. Participation in proceedings (3) In any proceeding in respect of which subsection (1) applies, the Attorney General of Canada, the Attorney Current to June 20, 2022 Last amended on July 1, 2014 Sioux Valley Dakota Nation Governance General Sections 14-18 General of Manitoba and Sioux Valley Dakota Nation may appear and participate in the proceeding as parties with the same rights as any other party. Clarification (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. No liability 15 On the coming into effect of the Initial Sioux Valley Dakota Nation Land Law, Her Majesty in right of Canada is not liable for damages under subparagraph 3(b)(ii) of the Crown Liability and Proceedings Act in respect of a breach of duty attaching to the ownership, occupation, possession or control of Sioux Valley Dakota Nation Lands. Part 16 of Agreement 16 Despite subsection 3(1), Part 16 of the Agreement is deemed to have effect as of August 30, 2013. Regulations Regulations and orders 17 (1) The Governor in Council may make any regulations or orders that the Governor in Council considers necessary for the purpose of carrying out the provisions of the Agreement or other agreements related to the implementation of the Agreement. First Nations Fiscal Management Act (2) For the purpose of enabling Sioux Valley Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of that Act or of any regulation made under that Act; and (b) restricting the application of any provision of that Act or of any regulation made under that Act. Consequential Amendments Access to Information Act 18 [Amendment] Current to June 20, 2022 Last amended on July 1, 2014 Sioux Valley Dakota Nation Governance Consequential Amendments Privacy Act Sections 19-21. Privacy Act 19 [Amendment] Coordinating Amendments 20 [Amendments] Coming into Force Order in council 21. This Act, except for section 20, comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act, except for section 20, in force July 1, 2014, see SI/ 2014-51.] * Current to June 20, 2022 Last amended on July 1, 2014

CONSOLIDATION St. Regis Islands Act S.C. 1926-27, c. 37 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 special control by the Superintendent General of Indian Affairs of certain islands in the St. Lawrence river being part of the St. Regis Indian reservation 1 Short title Superintendent to have power to deal with certain islands Consent of Superintendent required for occupation, etc. Penalty Current to June 20, 2022 ii S.C. 1926-27, c. 37 An Act to provide for special control by the Superintendent General of Indian Affairs of certain islands in the St. Lawrence river being part of the St. Regis Indian reservation [Assented to 31st March 1927] Preamble WHEREAS the St. Regis band of Indians situated at the village of St. Regis, in the township of Dundee, county of Huntingdon, in the province of Quebec, hold certain islands in the river St. Lawrence, between the town of Prescott and the village of Lancaster, as part of their Reserve; and whereas over a century ago the chiefs and headmen of the said band purported to grant leases of a number of the said islands, or portions of islands, in consideration of a nominal rental, for terms of ninety-nine years with covenants for renewals of the said leases for further periods of ninety-nine years; and whereas in the interest of the Indians of the said band, the Crown has taken action in the courts to have these alleged leases declared null and void and has already succeeded in recovering what are known as Lewis island, Snyder island and Thompson or Macmaster island; and whereas actions are still pending in respect of Thomas or Hamilton island, and what is known as the Easterbrook farm on Cornwall island; and whereas it is considered that the revenues to be derived from these islands maintained in their scenic beauty and leased for summer resorts or agricultural purposes, would be of much greater benefit to the band than they would derive from having these islands thrown open to the Indians generally resulting in the groves of timber being cut down and removed for firewood, as has happened with many other islands, rendering them non-productive as summer resorts: Therefore His 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 St. Regis Islands Sections 1-4 Short title 1 This Act may be cited as the St. Regis Islands Act. Superintendent to have power to deal with certain islands 2 Notwithstanding the provisions of the Indian Act to the contrary, the Superintendent General of Indian Affairs shall have full power to deal with the said Thompson or Macmaster Island, Lewis Island, Snyder Island, also Thomas or Hamilton Island and the Easterbrook farm, in the event of the leases under which they are held being declared by the courts to be null and void, and also any other island or islands belonging to the St. Regis band which are not held under location ticket or under any recognized interest by individual members of the band, in any way that may be deemed to be in the best interests of the band, and may for such purpose grant leases, licenses or other concessions without the necessity of obtaining a surrender to the said islands from the band. Consent of Superintendent required for occupation, etc. 3 No Indian or other person shall without the consent of the Superintendent General, expressed in writing, use or occupy any part of the said islands or cut, carry away or remove from the said islands any of the trees, saplings, shrubs, underwood or other material whatsoever. Penalty 4 Any one violating the provisions of the preceding section shall be liable on summary conviction to a term of imprisonment not exceeding six months nor less than one month, or to a fine not exceeding two hundred dollars with costs of prosecution and in default of immediate payment to a term of imprisonment not exceeding three months. Current to June 20, 2022

CONSOLIDATION Special Import Measures Act R.S.C., 1985, c. S-15 Current to June 20, 2022 Last amended on July 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 July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS An Act respecting the imposition of anti-dumping and countervailing duties Short Title 1 Short title Interpretation 2 Definitions PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty 3 Anti-dumping and countervailing duty Other cases Anti-dumping duty Countervailing duty Governor in Council may impose countervailing duty by order 7.1 Non-application 7.2 Return of duty Provisional Duty 8 Imposition of provisional duty Payment of Duty During Court Proceedings and Proceedings under Part I.1 or II 9 Duty ceases where order or finding set aside by court 9.01 Duty ceases where order or finding rescinded pursuant to review 9.1 Duty ceases where order or finding rescinded pursuant to review 9.2 Duty ceases if final determination set aside by court 9.21 Duty ceases if investigation terminated after review 9.3 Duty ceases if investigation terminated after review 9.4 Duty reimposed on referral back Current to June 20, 2022 Last amended on July 1, 2020 ii Special Import Measures TABLE OF PROVISIONS General Rules Relating to Payment of Duty 10 Where both anti-dumping duty and countervailing duty payable on goods Duty payable by importer in Canada Return of duty where order or finding set aside or rescinded Where Tribunal makes new order or finding Expedited Review of Normal Value, Export Price or Amount of Subsidy 13.2 Request for review Exemption from Application of Act 14 Exemption of goods from application of Act Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value 15 Determination of normal value of goods Rules applied in determining normal value Price of like goods Goods deemed to be like goods Where normal value cannot be determined under section 15 Normal value where export monopoly Credit sales of like goods Purchasers to be regarded as one Where exporter provides benefit on resale in country of export 23.1 Costs during start-up period Export Price 24 Determination of export price of goods Special rules to determine export price Export price where agreement affects anti-dumping duty Credit sales of goods sold to importer in Canada Where exporter provides benefit on resale in Canada Normal Value and Export Price 29 Normal value and export price where information not available Normal value and export price where goods exported to Canada through another country Current to June 20, 2022 Last amended on July 1, 2020 iv Special Import Measures TABLE OF PROVISIONS Margin of Dumping 30.2 Margin of dumping re goods of an exporter 30.3 Margin of dumping based on sample Amount of Subsidy 30.4 Amount of subsidy Procedure in Dumping and Subsidy Investigations Commencement of Investigation 31 Initiation of investigation 31.1 No investigation where subsidy notified Where President receives a complaint Where President decides not to initiate investigation Notice of investigation Termination of investigation or inquiry 35.1 Termination of investigation — Chile Tribunal to give advice Preliminary Determination of Injury or of Dumping or Subsidizing 37.1 Preliminary determination of injury Preliminary determination of dumping or subsidizing Time extended Final Determination 41 Final determination or termination 41.1 Action on final determination or decision referred back by Court 41.2 President to be guided by Canada’s obligations Inquiries by Tribunal 42 Tribunal to make inquiry Tribunal to make order or finding Recommencement of inquiry Initiation of inquiry if imposition of duty not in public interest Tribunal to advise President Termination of proceedings Undertakings 49 Acceptance of undertaking Procedure where undertaking accepted 50.1 Suspension of operation of time period Current to June 20, 2022 Last amended on July 1, 2020 v Special Import Measures TABLE OF PROVISIONS President to terminate undertaking 51.1 Acceptance of further undertakings Termination of undertakings by President Review and renewal of undertaking by President 53.1 Action on decision referred back by Court Amendment of undertaking Determinations by Designated Officer 55 Determination by designated officer 55.1 Determination of circumvention Re-determinations and Appeals Re-determination by Designated Officer or President 56 Determination final Review by designated officer Determination or re-determination final Permissive re-determination Effect of re-determination 60.1 Notice to be given Appeal to Canadian International Trade Tribunal 61 Appeal to Tribunal Appeal to Federal Court 62 Appeal to Federal Court on question of law Scope Ruling 63 Application President’s initiative Notice of scope proceeding Scope ruling Review of ruling Application of scope ruling Binding decision Application — section 55 Anti-circumvention Investigations 71 Definition of circumvention Initiation of investigation Notice of investigation Statement of essential facts Termination Current to June 20, 2022 Last amended on July 1, 2020 v Special Import Measures TABLE OF PROVISIONS 75.1 Decision — circumvention 75.2 Extension of time period 75.3 Tribunal 75.4 Interim review 75.5 Review of decision 75.6 Request for exemption 75.7 Termination of investigation or review Review of Orders and Findings Judicial Review 76 Application for judicial review Review of Orders and Findings by Tribunal 76.01 Interim review of orders by Tribunal Review on Referral Back 76.02 Review of orders by Tribunal on referral back and rehearing Expiry Review 76.03 Order or finding deemed to be rescinded 76.04 Separate order or finding 76.1 Request by Minister of Finance for review Rescission of Orders and Findings 77 Goods of Chile PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Interpretation 77.01 Definitions Request for Review 77.011 Request for review of definitive decision 77.012 Applications and appeals Establishment of Panels 77.013 Appointment of panel 77.014 Administrative record forwarded Review by Panel 77.015 Conduct of review Action on Decision of Panel 77.016 Action by appropriate authority Current to June 20, 2022 Last amended on July 1, 2020 vi Special Import Measures TABLE OF PROVISIONS Extraordinary Challenge Proceeding 77.017 Request for extraordinary challenge proceeding 77.018 Appointment of extraordinary challenge committee 77.019 Conduct of extraordinary challenge proceeding 77.02 Orders and decisions final Members 77.021 Code of conduct 77.022 Remuneration and expenses of panel members Review by Special Committee 77.023 Request for review 77.024 Stay of panel reviews and committee proceedings 77.025 Stay on request 77.026 When stay becomes effective 77.027 Suspension of time periods 77.028 Suspension of panel process 77.029 Suspension of benefits 77.03 Only one section applies 77.031 Referral to Federal Court of Appeal 77.032 Termination of suspension 77.033 Resumption Offence 77.034 Offence Regulations 77.035 Regulations 77.036 Publication in Canada Gazette Application of Acts 77.037 Application 77.038 Suspension of Part II PART II Dispute Settlement Respecting Goods of the United States Interpretation 77.1 Definitions Request for Review 77.11 Request for review of definitive decision 77.12 Applications and appeals Current to June 20, 2022 Last amended on July 1, 2020 vi Special Import Measures TABLE OF PROVISIONS Establishment of Panels 77.13 Appointment of panel 77.14 Administrative record forwarded Review by Panel 77.15 Conduct of review Action on Decision of Panel 77.16 Action by appropriate authority Extraordinary Challenge Proceeding 77.17 Request for extraordinary challenge proceeding 77.18 Appointment of extraordinary challenge committee 77.19 Conduct of extraordinary challenge proceeding 77.2 Orders and decisions final Members 77.21 Code of conduct 77.22 Remuneration and expenses of panel members Secretariat 77.23 Establishment of Canadian Secretariat 77.24 Secretary 77.25 Staff Offence 77.26 Offence Regulations 77.27 Regulations 77.28 Publication in Canada Gazette Application of Acts 77.29 Application PART III General Provision of Evidence to President 78 President may require evidence to be provided Designation of evidence as confidential Collection of Duty 81 Recovery of duties from person other than importer Disclosure of Information 82 Definition of information Information to be disclosed 83.1 Information to be disclosed Current to June 20, 2022 Last amended on July 1, 2020 ix Special Import Measures TABLE OF PROVISIONS Information not to be disclosed Designation of information as confidential Where there has been failure to comply Withdrawal of designation or submission of explanation Application of sections 86 and 87 88.1 Prohibition on disclosure of information Ruling on Who is Importer 89 Request for ruling on who is importer in Canada Tribunal’s ruling Rules Determination pursuant to section 55 Determination pursuant to section 56, 57 or 59 Ruling binding President to provide name of importer Gathering of Information 96 President may gather information in advance Application for Review 96.1 Application for judicial review 96.11 No references 96.2 No references 96.21 Request for review of final determination 96.3 Request for review of final determination Offences 96.4 Offence Regulations 97 Regulations Orders 98 Orders suspending application Current to June 20, 2022 Last amended on July 1, 2020 x R.S.C., 1985, c. S-15 An Act respecting the imposition of antidumping and countervailing duties Short Title Short title 1 This Act may be cited as the Special Import Measures Act. 1984, c. 25, s. 1. Interpretation Definitions 2 (1) In this Act, amount of subsidy, in relation to any goods, means the amount determined in accordance with section 30.4; (montant de subvention) amount of the subsidy [Repealed, 1994, c. 47, s. 144] arbitration body means the arbitration body referred to in Article 8.5 of the Subsidies Agreement; (organe d’arbitrage) Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–ÉtatsUnis–Mexique) Canadian Secretary means (a) when Part I.1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and (b) when Part II is in force, the Secretary appointed under subsection 77.24(1); (secrétaire canadien) Commissioner [Repealed, 2005, c. 38, s. 132] Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Committee means the Committee on Subsidies and Countervailing Measures established by Article 24 of the Subsidies Agreement; (Comité) country, unless the context requires otherwise, includes (a) an external or dependent territory of a country and any other territory prescribed by regulation made by the Governor in Council, and (b) except for the purposes of proceedings respecting the dumping of goods, a customs union; (pays) country of export means, in the case of dumped goods, the country from which the goods were shipped directly to Canada or, if the goods have not been shipped directly to Canada, the country from which the goods would be shipped directly to Canada under normal conditions of trade and, in the case of subsidized goods, the country in which the subsidy originated; (pays d’exportation) CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM) Deputy Minister [Repealed, 1999, c. 17, s. 180] designated officer means any officer, or any officer within a class of officers, designated pursuant to section 59 of the Customs Act; (agent désigné) domestic industry means, other than for the purposes of section 31 and subject to subsection (1.1), the domestic producers as a whole of the like goods or those domestic producers whose collective production of the like goods constitutes a major proportion of the total domestic production of the like goods except that, where a domestic producer is related to an exporter or importer of dumped or subsidized goods, or is an importer of such goods, domestic industry may be interpreted as meaning the rest of those domestic producers; (branche de production nationale) dumped, in relation to any goods, means that the normal value of the goods exceeds the export price thereof; (sous-évalué) duty means any duty, including provisional duty, imposed by virtue of this Act; (droits) enterprise includes a group of enterprises, an industry and a group of industries; (entreprise) export price means export price determined in accordance with sections 24 to 30; (prix à l’exportation) Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 export subsidy means a subsidy or portion of a subsidy that is contingent, in whole or in part, on export performance; (subvention à l’exportation) Free Trade Agreement has the meaning assigned to the term Agreement by section 2 of the Canada-United States Free Trade Agreement Implementation Act; (Accord de libre-échange) government, in relation to any country other than Canada, means the government of that country and includes (a) any provincial, state, municipal or other local or regional government in that country, (b) any person, agency or institution acting for, on behalf of, or under the authority of, or under the authority of any law passed by, the government of that country or that provincial, state, municipal or other local or regional government, and (c) any association of sovereign states of which that country is a member; (gouvernement) government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM) government of a NAFTA country [Repealed, 2020, c. 1, s. 72] importer, in relation to any goods, means the person who is in reality the importer of the goods; (importateur) injury means material injury to a domestic industry; (dommage) insignificant means, (a) in relation to a margin of dumping, a margin of dumping that is less than two per cent of the export price of the goods, and (b) in relation to an amount of subsidy, an amount of subsidy that is less than one per cent of the export price of the goods; (minimale) like goods, in relation to any other goods, means (a) goods that are identical in all respects to the other goods, or (b) in the absence of any goods described in paragraph (a), goods the uses and other characteristics of Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 which closely resemble those of the other goods; (marchandises similaires) margin of dumping, in relation to any goods, means, subject to sections 30.2 and 30.3, the amount by which the normal value of the goods exceeds the export price of the goods; (marge de dumping) material injury [Repealed, 1994, c. 47, s. 144] member [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] Minister means the Minister of Public Safety and Emergency Preparedness; (ministre) NAFTA country [Repealed, 2020, c. 1, s. 72] negligible means, in respect of the volume of goods of a country, less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description as the goods. However, if the total volume of goods of three or more countries — each of whose exports of goods into Canada is less than 3% of the total volume of goods that are released into Canada from all countries and that are of the same description — is more than 7% of the total volume of goods that are released into Canada from all countries and that are of the same description, the volume of goods of any of those countries is not negligible; (négligeable) non-actionable subsidy means (a) a subsidy that is not specific as determined pursuant to subsections (7.1) to (7.4), (b) a subsidy for (i) industrial research assistance, (ii) pre-competitive development assistance, (iii) assistance to disadvantaged regions, (iv) assistance for the adaptation of existing facilities to new environmental standards, or (v) assistance for research activities conducted by institutions of higher education and independent research establishments, that meets the prescribed criteria, or (c) subject to subsection (1.4), a domestic support measure for an agricultural product listed in Annex 1 of the Agreement on Agriculture, being part of Annex Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 1A to the WTO Agreement, that conforms to the provisions of Annex 2 to the Agreement on Agriculture; (subventions ne donnant pas lieu à une action) normal value means normal value determined in accordance with sections 15 to 23 and 29 and 30; (valeur normale) North American Free Trade Agreement [Repealed, 2020, c. 1, s. 72] order or finding, in relation to the Tribunal, (a) means an order or finding made by the Tribunal under section 43 or 44 that has not been rescinded under any of sections 76.01 to 76.1 and subsection 91(3) but, if the order or finding has been amended one or more times under any of section 75.3, subsections 75.4(8) and 75.6(7) and sections 76.01 to 76.1, as it was last amended, and (b) includes, for the purposes of sections 3 to 6 and 76 to 76.1, an order or finding made by the Tribunal under subsection 91(3) that has not been rescinded under any of sections 76.01 to 76.1 but, if the order or finding has been amended one or more times under any of section 75.3, subsections 75.4(8) and 75.6(7) and sections 76.01 to 76.1, as it was last amended; (ordonnance ou conclusions) person includes a partnership and an association; (personne) prescribed, in relation to a form, means prescribed by the President and, in any other case, means prescribed by regulation; (Version anglaise seulement) President means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; (président) prohibited subsidy means a subsidy that is prohibited by virtue of being (a) an export subsidy, or (b) a subsidy or portion of a subsidy that is contingent, in whole or in part, on the use of goods that are produced or that originate in the country of export; (subvention prohibée) properly documented, in relation to a complaint respecting the dumping or subsidizing of goods, means that (a) the complaint Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 (i) alleges that the goods have been or are being dumped or subsidized, specifies the goods and alleges that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury, (ii) states in reasonable detail the facts on which the allegations referred to in subparagraph (i) are based, and (iii) makes such other representations as the complainant deems relevant to the complaint, and (b) the complainant provides (i) the information that is available to the complainant to support the facts referred to in subparagraph (a)(ii), (ii) such information as is prescribed, and (iii) such other information as the President may reasonably require; (dossier complet) provisional duty means duty imposed under section 8; (droits provisoires) regular member [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] release means (a) in respect of goods, to authorize the removal of the goods from a customs office, sufferance warehouse, bonded warehouse or duty free shop for use in Canada, and (b) in respect of goods to which paragraph 32(2)(b) of the Customs Act applies, to receive the goods at the place of business of the importer, owner or consignee; (dédouanement) retardation means material retardation of the establishment of a domestic industry; (retard) sale includes leasing and renting, an agreement to sell, lease or rent and an irrevocable tender; (vente) scope ruling means a ruling made under subsection 66(1) as to whether certain goods are subject to an order of the Governor in Council imposing a countervailing duty made under section 7, an order or finding of the Tribunal or an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii); (décision sur la portée) Secretary [Repealed, 2014, c. 20, s. 428] Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Subsidies Agreement means the Agreement on Subsidies and Countervailing Measures, being part of Annex 1A to the WTO Agreement; (Accord sur les subventions) Subsidies and Countervailing Duties Agreement [Repealed, 1994, c. 47, s. 144] subsidized goods means (a) goods in respect of the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export or import of which a subsidy has been or will be paid, granted, authorized or otherwise provided, directly or indirectly, by the government of a country other than Canada, and (b) goods that are disposed of by the government of a country other than Canada for less than fair market value, and includes any goods in which, or in the production, manufacture, growth, processing or the like of which, goods described in paragraph (a) or (b) are incorporated, consumed, used or otherwise employed; (marchandises subventionnées) subsidy means (a) a financial contribution by a government of a country other than Canada in any of the circumstances outlined in subsection (1.6) that confers a benefit to persons engaged in the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export or import of goods, but does not include the amount of any duty or internal tax imposed by the government of the country of origin or country of export on (i) goods that, because of their exportation from the country of export or country of origin, have been exempted or have been or will be relieved by means of remission, refund or drawback, (ii) energy, fuel, oil and catalysts that are used or consumed in the production of exported goods and that have been exempted or have been or will be relieved by means of remission, refund or drawback, or (iii) goods incorporated into exported goods and that have been exempted or have been or will be relieved by means of remission, refund or drawback, or (b) any form of income or price support within the meaning of Article XVI of the General Agreement on Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Tariffs and Trade, 1994, being part of Annex 1A to the WTO Agreement, that confers a benefit; (subvention) Tribunal means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act; (Tribunal) undertaking or undertakings means an undertaking or undertakings with respect to goods that are the subject of a dumping or subsidizing investigation under this Act given in writing to the President in any of the following circumstances: (a) in the case of dumped goods, an undertaking given by an exporter who accounts for, or undertakings given individually by exporters who account for, all or substantially all the exports to Canada of the dumped goods where the exporter or each exporter, as the case may be, undertakes in his undertaking (i) to revise, in the manner specified in his undertaking, the price at which he sells the goods to importers in Canada, or (ii) to cease dumping the goods in Canada, and (b) in the case of subsidized goods, (i) an undertaking given by an exporter who accounts for, or undertakings given individually by exporters who account for, all or substantially all the exports to Canada of the subsidized goods, where the exporter or each exporter, as the case may be, (A) has the consent of the government of the country of export of the goods to give the undertaking, and (B) undertakes to revise, in the manner specified in his undertaking, the price at which he sells the goods to importers in Canada, or (ii) an undertaking given by the government of a country that accounts for, or undertakings given by the governments of countries that account for, all or substantially all the exports to Canada of the subsidized goods where the country or each country, as the case may be, undertakes in its undertaking (A) to eliminate the subsidy on goods exported to Canada from that country, (B) to limit the amount of subsidy on goods exported to Canada from that country, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 (C) to limit the quantity of the goods to be exported to Canada from that country, or (D) otherwise to eliminate the effect of the subsidizing on the production in Canada of like goods, in the manner specified in its undertaking; (engagement ou engagements) United States government means such department, agency or other body of the federal government of the United States as is prescribed; (gouvernement des États-Unis) WTO Agreement has the meaning assigned to the term Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC) When domestic industry based on regional markets (1.1) In exceptional circumstances, the territory of Canada may, for the production of any goods, be divided into two or more regional markets and the domestic producers of like goods in any of those markets may be considered to be a separate domestic industry where (a) the producers in the market sell all or almost all of their production of like goods in the market; and (b) the demand in the market is not to any substantial degree supplied by producers of like goods located elsewhere in Canada. Producers related to exporters or importers (1.2) For the purposes of the definition domestic industry in subsection (1), a domestic producer is related to an exporter or an importer of dumped or subsidized goods where (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer, (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer. Where there is deemed to be control (1.3) For the purposes of subsection (1.2), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person. When domestic support measure ceases to be a nonactionable subsidy (1.4) A domestic support measure referred to in paragraph (c) of the definition non-actionable subsidy in subsection (1) ceases to be a non-actionable subsidy on the day on which the implementation period in respect of the Agreement on Agriculture referred to in that paragraph, as defined in Article 1 of that Agreement for the purposes of Article 13 of that Agreement, expires. Threat of injury (1.5) For the purposes of this Act, the dumping or subsidizing of goods shall not be found to be threatening to cause injury or to cause a threat of injury unless the circumstances in which the dumping or subsidizing of goods would cause injury are clearly foreseen and imminent. Financial contribution (1.6) For the purposes of paragraph (a) of the definition subsidy in subsection (1), there is a financial contribution by a government of a country other than Canada where (a) practices of the government involve the direct transfer of funds or liabilities or the contingent transfer of funds or liabilities; (b) amounts that would otherwise be owing and due to the government are exempted or deducted or amounts that are owing and due to the government are forgiven or not collected; (c) the government provides goods or services, other than general governmental infrastructure, or purchases goods; or (d) the government permits or directs a non-governmental body to do any thing referred to in any of paragraphs (a) to (c) where the right or obligation to do the thing is normally vested in the government and the manner in which the non-governmental body does the thing does not differ in a meaningful way from the manner in which the government would do it. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Definition of associated persons (2) For the purposes of this Act, the following persons are associated persons or persons associated with each other, namely, (a) persons related to each other; or (b) persons not related to each other, but not dealing with each other at arm’s length. Persons related to each other (3) For the purposes of subsection (2), persons are related to each other if (a) they are individuals connected by blood relationship, marriage, common-law partnership or adoption within the meaning of subsection 251(6) of the Income Tax Act; (b) one is an officer or director of the other; (c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations; (d) they are partners; (e) one is the employer of the other; (f) they directly or indirectly control or are controlled by the same person; (g) one directly or indirectly controls or is controlled by the other; (h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or (i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other. Persons dealing at arm’s length (4) For the purposes of paragraph (2)(b), it is a question of fact whether persons not related to each other were at a particular time dealing with each other at arm’s length. (5) [Repealed, 1994, c. 47, s. 144] Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Agreement affecting countervailing duty (6) Notwithstanding the definition amount of subsidy, where, in relation to any subsidized goods, the manufacturer, producer, vendor or exporter thereof or the government of a country other than Canada, undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the countervailing duty that may be levied on the goods, the amount of subsidy on the goods is, for the purposes of this Act, the amount of subsidy determined and adjusted in such manner as is provided under that definition plus the amount of the indemnity, payment or reimbursement. Interpretation of provisions that apply to both dumped and subsidized goods (7) Where, by its terms, any provision of this Act applies to both dumped and subsidized goods, the application of the provision (a) to subsidized goods shall not be taken into account in an investigation, inquiry or other proceeding or matter under this Act relating to the dumping of goods; and (b) to dumped goods shall not be taken into account in an investigation, inquiry or other proceeding or matter under this Act relating to the subsidizing of goods. Criteria and conditions for non-specificity (7.1) A subsidy is not specific where the criteria or conditions governing eligibility for, and the amount of, the subsidy are (a) objective; (b) set out in a legislative, regulatory or administrative instrument or other public document; and (c) applied in a manner that does not favour or is not limited to a particular enterprise. When subsidy is specific (7.2) A subsidy is specific where it is (a) limited, pursuant to an instrument or document referred to in paragraph (7.1)(b), to a particular enterprise within the jurisdiction of the authority that is granting the subsidy; or (b) a prohibited subsidy. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Section 2 Determination of specificity by President (7.3) Notwithstanding that a subsidy is not limited in the manner referred to in paragraph (7.2)(a), the President may determine the subsidy to be specific having regard as to whether (a) there is exclusive use of the subsidy by a limited number of enterprises; (b) there is predominant use of the subsidy by a particular enterprise; (c) disproportionately large amounts of the subsidy are granted to a limited number of enterprises; and (d) the manner in which discretion is exercised by the granting authority indicates that the subsidy is not generally available. Additional considerations (7.4) Where any of the factors listed in paragraphs (7.3)(a) to (d) is present, the President shall consider whether the presence is due to (a) the extent of diversification of economic activities within the jurisdiction of the granting authority, or (b) the length of time that the subsidy program has been in operation, and where the President is of the opinion that the presence is due to one of the reasons set out in paragraph (a) or (b), the President may find the subsidy not to be specific notwithstanding that, were it not for that opinion, the President would have found the subsidy to be specific. Law relating to the customs (8) For greater certainty, this Act shall be considered, for the purposes of the Customs Act, to be a law relating to the customs. Powers, duties and functions of President (9) Any power, duty or function of the President under this Act may be exercised or performed by any person authorized by the President to do so and, if so exercised or performed, is deemed to have been exercised or performed by the President. Application of Customs Act (10) The Customs Act applies, with any modifications that the circumstances require, in respect of Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Interpretation Sections 2-3 (a) the payment, collection or refund of any duty levied or returned under this Act; (b) the payment, collection, refund or waiver of interest on duty payable or returned under this Act; and (c) the time within which duties payable under this Act, or security posted under this Act, are deemed to be paid or posted. R.S., 1985, c. S-15, s. 2; R.S., 1985, c. 23 (1st Supp.), s. 1, c. 1 (2nd Supp.), ss. 197, 213, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 23; 1993, c. 44, s. 201; 1994, c. 13, s. 7, c. 47, ss. 144, 185; 1999, c. 12, s. 1, c. 17, ss. 180, 183; 2000, c. 12, s. 291; 2001, c. 25, s. 91; 2005, c. 38, ss. 132, 134, 135(E), 145; 2010, c. 12, s. 1782; 2014, c. 20, s. 428; 2016, c. 7, s. 192; 2017, c. 20, s. 68; 2020, c. 1, s. 72. PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Anti-dumping and countervailing duty 3 (1) Subject to section 7.1, there shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in respect of which the Tribunal has made an order or finding, before the release of the goods, that the dumping or subsidizing of goods of the same description has caused injury or retardation, is threatening to cause injury or would have caused injury or retardation except for the fact that provisional duty was applied in respect of the goods, a duty as follows: (a) in the case of dumped goods, an anti-dumping duty in an amount equal to the margin of dumping of the imported goods; and (b) in the case of subsidized goods, a countervailing duty in an amount equal to the amount of subsidy on the imported goods. Duties — circumvention (1.1) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Section 3 respect of which the Tribunal has made an order — amending an order or finding, before the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows: (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods. Duties — circumvention investigation (1.2) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada, after the initiation of an anti-circumvention investigation under section 72, in respect of which the Tribunal has made an order — amending an order or finding after the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows: (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods. Duty where undertaking violated (2) If the Tribunal has made an order or finding referred to in subsection (1) in respect of goods that are subject to an undertaking referred to in section 7.1 and the undertaking is subsequently terminated under paragraph 52(1)(d), there shall be levied, collected and paid a duty as provided under paragraphs (1)(a) and (b) on all of those goods that were (a) if paragraph 52(1)(a) applies, released on or after the later of (i) the day on which the undertaking was violated, and (ii) the ninetieth day before the day on which notice of termination was given under paragraph 52(1)(e); and (b) if paragraph 52(1)(b) or (c) applies, released on or after the day on which notice of termination was given under paragraph 52(1)(e). R.S., 1985, c. S-15, s. 3; 1994, c. 47, ss. 145, 185(E); 1999, c. 12, s. 2; 2017, c. 20, s. 69. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Section 4 Other cases 4 (1) Subject to section 7.1, there shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description (i) has caused injury, or (ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and (b) that were released during the period beginning on the day on which the preliminary determination is made with respect to the goods and ending on the day on which the Tribunal makes the order or finding. Where undertaking subsequently terminated (2) There shall be levied, collected and paid a duty as set out in subsections (3) and (4) on all dumped and subsidized goods imported into Canada (a) that are the subject of an undertaking accepted by the President under subsection 49(1) that was terminated under paragraph 52(1)(d); (b) in respect of which the Tribunal has made an order or finding, after the release of the goods, that the dumping or subsidizing of goods of the same description (i) has caused injury, or (ii) would have caused injury except for the fact that provisional duty was applied in respect of the goods; and (c) that were released, where paragraph 52(1)(a), (b) or (c) applies, during the period beginning on the day on which the preliminary determination was made and ending on the day the undertaking was accepted, and (i) where paragraph 52(1)(a) applies, during the period beginning on the later of (A) the day on which the undertaking is violated, and (B) the ninetieth day before the day on which notice of the termination was given under paragraph 52(1)(e), Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Sections 4-5 and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b), or (ii) where paragraph 52(1)(b) or (c) applies, beginning on the day on which notice of termination was given under paragraph 52(1)(e) and ending on the day on which the Tribunal makes the order or finding referred to in paragraph (b). Amount of duty (3) The duty applicable to goods under subsection (1) or (2) is (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the goods; and (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the goods. Limitation (4) The duty referred to in subsection (3) shall not exceed the duty, if any, paid or payable in respect of the goods under section 8. R.S., 1985, c. S-15, s. 4; 1988, c. 65, s. 25; 1994, c. 47, s. 146; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Anti-dumping duty 5 There shall be levied, collected and paid on all dumped goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that (i) either (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and (ii) injury has been caused by reason of the fact that the imported goods (A) constitute a massive importation into Canada, or (B) form part of a series of importations into Canada, which importations in the aggregate are Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Sections 5-6 massive and have occurred within a relatively short period of time, and in order to prevent the recurrence of the injury, it appears necessary to the Tribunal that duty be assessed on the imported goods, and (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31, an anti-dumping duty in an amount equal to the margin of dumping of the imported goods. R.S., 1985, c. S-15, s. 5; 1994, c. 47, s. 146; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Countervailing duty 6 Where any subsidy on subsidized goods is a prohibited subsidy, there shall be levied, collected and paid on all such subsidized goods imported into Canada (a) in respect of which the Tribunal has made an order or finding, after the release of the goods, that (i) injury has been caused by reason of the fact that the imported goods (A) constitute a massive importation into Canada, or (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and (ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of such injury, (b) that were released during the period of ninety days preceding the day on which the President made a preliminary determination of subsidizing in respect of the goods or goods of that description, other than goods that were released before the initiation of an investigation referred to in section 31, and (c) in respect of which the President has made a specification under clause 41(1)(b)(ii)(C), a countervailing duty in an amount equal to such of the amount of subsidy on the imported goods as is a prohibited subsidy. R.S., 1985, c. S-15, s. 6; 1994, c. 47, s. 146; 1999, c. 12, s. 52(E), c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 70. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Sections 7-7.2 Governor in Council may impose countervailing duty by order 7 (1) The Governor in Council may order an investigation to determine the amount of subsidy on any subsidized goods that are the product of a country specified in the order, and where (a) the President has, by means of the investigation, determined that amount, and (b) the Committee has authorized Canada to impose countervailing duties on the subsidized goods, the Governor in Council may, on the recommendation of the Minister of Finance, by order impose a countervailing duty on any subsidized goods that are the product of that country and that are of the same description as the goods in respect of which the President has determined the amount of subsidy and, where a countervailing duty is so imposed, there shall, subject to subsection (2), be levied, collected and paid on all such subsidized goods imported into Canada a countervailing duty in the amount specified in the order in respect of the goods. Duty not to exceed amount of subsidy (2) Where subsidized goods on which a countervailing duty has been imposed pursuant to subsection (1) are imported into Canada and the amount of subsidy on the imported goods is less than the amount of the duty so imposed, there shall be levied, collected and paid on the goods pursuant to this section a countervailing duty only in the amount of subsidy on the goods. R.S., 1985, c. S-15, s. 7; 1994, c. 47, ss. 147, 185; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Non-application 7.1 Sections 3 and 4 do not apply in respect of goods in respect of which an undertaking has been accepted and not terminated. 1994, c. 47, s. 148. Return of duty 7.2 If the Tribunal makes an order under paragraph 76.03(12)(a), the amount that was paid as anti-dumping or countervailing duties by or on an importer’s behalf shall be returned to the importer, in respect of goods that were released, five years after (a) the day on which the original order or finding was made under subsection 43(1), if no order continuing the order or finding that applies to those goods has been made under paragraph 76.03(12)(b); or (b) the day on which the last order was made, if one or more orders continuing the order or finding have been made under paragraph 76.03(12)(b). 2016, c. 7, s. 193. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Anti-dumping and Countervailing Duty Sections 7.2-8 Provisional Duty Imposition of provisional duty 8 (1) Subject to subsection (1.3), if the President makes a preliminary determination of dumping or subsidizing in an investigation under this Act and considers that the imposition of provisional duty is necessary to prevent injury, retardation or threat of injury, the importer in Canada of dumped or subsidized goods that are of the same description as any goods to which the preliminary determination applies and that are released during the period beginning on the day on which the preliminary determination is made and ending on the earlier of (a) the day on which the President causes the investigation to be terminated pursuant to subsection 41(1) with respect to goods of that description, and (b) the day on which the Tribunal makes an order or finding with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer, (c) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods, or (d) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods. Imposition of provisional duties on referral back to Tribunal (1.1) Subject to subsection (1.3), if an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding described in any of sections 3 to 6, is referred back to the Tribunal under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or subsidized goods that are of the same description as any goods to which the order or finding applies and that are released during the period beginning on the day on which the preliminary determination is made under subsection 38(1) and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Provisional Duty Section 8 ending on the day on which the Tribunal makes an order or finding, on the referral back, with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer, (a) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or (b) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods. Imposition of provisional duties on referral back from Federal Court of Appeal (1.2) Subject to subsection (1.3), if an order or finding of the Tribunal under subsection 43(1), 76.02(4) respecting a review under subsection 76.02(1), or 91(3), other than an order or finding described in any of sections 3 to 6, is referred back to the Tribunal by the Federal Court of Appeal, the importer of dumped or subsidized goods that are of the same description as any goods to which the order or finding applies and that are released during the period beginning on the day on which the preliminary determination is made under subsection 38(1) and ending on the day on which the Tribunal makes an order or finding, on the referral back, with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer, (a) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or (b) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods. Insignificant margin or amount (1.3) Subsections (1), (1.1) and (1.2) do not apply in respect of (a) goods of the same description as the goods specified in a preliminary determination in which the President determines that the margin of dumping of the goods is insignificant; or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Provisional Duty Section 8 (b) goods of the same description as the goods specified in a preliminary determination in which the President determines that the amount of subsidy on the goods is insignificant. Return of provisional duty (2) Any provisional duty paid or security posted under subsection (1), (1.1) or (1.2) by or on behalf of an importer in respect of the importation of dumped or subsidized goods of any description shall (a) be returned to the importer forthwith after (i) the President causes the investigation to be terminated pursuant to subsection 35.1(1) or 41(1) with respect to goods of that description, (ii) all proceedings respecting the dumping or subsidizing of goods of that description are terminated as described in section 47, or (iii) the Tribunal makes an order or finding with respect to goods of that description if the order or finding is only to the effect that the dumping or subsidizing of those goods is threatening to cause injury; and (b) except to the extent of any duty payable in respect of the imported goods, be returned to the importer forthwith after a determination is made in respect of the imported goods by a designated officer pursuant to such of paragraphs 55(1)(c) to (e) as are applicable. (3) and (4) [Repealed, 2001, c. 25, s. 92] Suspension of collection (5) Where the President accepts an undertaking with respect to dumped or subsidized goods, the collection of provisional duties on any dumped or subsidized goods, as the case may be, that are of the same description as any goods to which the preliminary determination applies is suspended for the period during which the undertaking is in force. Resumption of collection (6) If the President terminates an undertaking under subsection 51(1) or 52(1) with respect to dumped or subsidized goods, the collection of provisional duties on those goods is resumed and the importer of dumped or subsidized goods that are of the same description as any goods to which the preliminary determination under subsection 38(1) applied and that are released during the period beginning on the day on which the undertaking was terminated and ending on the earlier of Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Provisional Duty Sections 8-9 (a) the day on which the President causes the investigation to be terminated pursuant to subsection 41(1) with respect to goods of that description, and (b) the day on which the Tribunal makes an order or finding with respect to goods of that description, shall, within the time prescribed under the Customs Act for the payment of duties, at the option of the importer, (c) pay or cause to be paid on the imported goods provisional duty in an amount not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods, or (d) post or cause to be posted security for provisional duty in the prescribed form and in an amount or to a value not greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods. R.S., 1985, c. S-15, s. 8; R.S., 1985, c. 1 (2nd Supp.), s. 198; 1988, c. 65, s. 26; 1993, c. 44, s. 202; 1994, c. 47, ss. 149, 185(E); 1997, c. 14, s. 88; 1999, c. 12, ss. 3, 52(E), c. 17, ss. 183, 184; 2001, c. 25, s. 92; 2005, c. 38, s. 134; 2016, c. 7, s. 194. Payment of Duty During Court Proceedings and Proceedings under Part I. 1 or II Duty ceases where order or finding set aside by court 9 (1) Where proceedings are commenced by an application for judicial review under the Federal Courts Act, or an application under section 96.1 of this Act, to review and set aside an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of the proceedings, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being set aside or being set aside in relation to particular goods, in which case (a) duty ceases, on the final disposition of the proceedings, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Payment of Duty During Court Proceedings and Proceedings under Part I.1 or II Sections 9-9.1 been made by the Tribunal in respect of goods described in paragraph (a). Definition of proceedings (2) In subsection (1), proceedings, in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application. R.S., 1985, c. S-15, s. 9; 1988, c. 65, s. 27; 1990, c. 8, s. 69; 2002, c. 8, s. 182. Duty ceases where order or finding rescinded pursuant to review 9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case (a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). Suspension of s. 9.1 (2) The operation of section 9.1 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 204; 2020, c. 1, s. 73. Duty ceases where order or finding rescinded pursuant to review 9.1 Where a review is requested under Part II of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of the United States imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Payment of Duty During Court Proceedings and Proceedings under Part I.1 or II Sections 9.1-9.2 description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case (a) duty ceases, on the order or finding being so rescinded, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). 1988, c. 65, s. 28. Duty ceases if final determination set aside by court 9.2 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods imported into Canada, and proceedings are commenced in the Federal Court of Appeal by an application under section 96.1 to review and set aside the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of the proceedings, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the final determination being so set aside or the investigation being so terminated, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of goods described in paragraph (a). Definition of proceedings (2) In subsection (1), proceedings, in relation to an application made to the Federal Court of Appeal, includes proceedings on any appeal from any decision of that Court on the application. 1988, c. 65, s. 28; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 71. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Payment of Duty During Court Proceedings and Proceedings under Part I.1 or II Sections 9.21-9.3 Duty ceases if investigation terminated after review 9.21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have been made by the Tribunal in respect of imported goods of that description. Suspension of s. 9.3 (2) The operation of section 9.3 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 205; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 72; 2020, c. 1, s. 74. Duty ceases if investigation terminated after review 9.3 If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of the United States imported into Canada, and a review is requested under Part II of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case (a) duty ceases, on the investigation being so terminated, to be so payable on imported goods of that description; and (b) for greater certainty, the order or finding shall, for the purposes of this Act, be deemed never to have Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Payment of Duty During Court Proceedings and Proceedings under Part I.1 or II Sections 9.3-9.4 been made by the Tribunal in respect of imported goods of that description. 1988, c. 65, s. 28; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 73. Duty reimposed on referral back 9.4 (1) If an order of the Tribunal under subsection 76.01(5) or paragraph 76.03(12)(a) rescinding an order or finding described in any of sections 3 to 6 is referred back to the Tribunal under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or subsidized goods that are of the same description as any goods to which the rescinded order or finding applied and that are released on or after the day on which the order of the panel referring the rescinding order or finding back is made, shall pay or cause to be paid duty on the imported goods as if the rescinded order or finding had not been rescinded. Cessation of duty (2) Duty that is payable under subsection (1) continues to be so payable during the course of the proceedings of the Tribunal on the referral back and thereafter, unless the order or finding of the Tribunal on the referral back is (a) to confirm the rescinding order or finding, in which case (i) the duty ceases, on the day on which the order or finding of the Tribunal on the referral back is made, to be so payable on imported goods, and (ii) the duty paid under subsection (1) shall be returned to the importer forthwith after that day; or (b) to rescind the rescinding order or finding and make a new or other order or finding with respect to the goods to which the rescinded order or finding applied, in which case the duty paid under subsection (1) shall be returned to the importer forthwith after the day on which the order or finding of the Tribunal on the referral back is made, except to the extent of any duty payable by the importer as a consequence of the new or other order or finding. Where Tribunal makes new order or finding (3) Where the Tribunal rescinds a rescinding order or finding and makes a new or other order or finding as described in paragraph (2)(b), the new or other order or finding shall be deemed, for the purposes of this Act, to have been made on the day on which the order or finding so rescinded was made. 1988, c. 65, s. 28; 1993, c. 44, s. 206; 1999, c. 12, s. 4. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties General Rules Relating to Payment of Duty Sections 10-12 General Rules Relating to Payment of Duty Where both anti-dumping duty and countervailing duty payable on goods 10 Where both an anti-dumping duty and a countervailing duty are required by this Act to be levied, collected and paid on any goods imported into Canada and all or any portion of the margin of dumping of the goods is, in the opinion of the President, attributable to an export subsidy in respect of which a countervailing duty is required by any of sections 3, 4, 6 and 7 to be levied, collected and paid, the anti-dumping duty is, notwithstanding sections 3 to 5, leviable, collectable and payable under this Act in respect of the goods only as follows: (a) where the whole of the margin of dumping of the goods is, in the opinion of the President, attributable to the export subsidy, no anti-dumping duty is leviable, collectable or payable on the imported goods; and (b) where a portion only of the margin of dumping of the imported goods is, in the opinion of the President, attributable to the export subsidy, an anti-dumping duty is leviable, collectable and payable on the imported goods only in an amount equal to that portion of the margin of dumping of the goods that is not, in the opinion of the President, attributable to the export subsidy. R.S., 1985, c. S-15, s. 10; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Duty payable by importer in Canada 11 The importer in Canada of any goods imported into Canada in respect of which duty, other than provisional duty, is payable shall, notwithstanding any security posted pursuant to section 8 or 13.2, pay or cause to be paid all such duties on the goods. R.S., 1985, c. S-15, s. 11; R.S., 1985, c. 1 (2nd Supp.), s. 199; 1994, c. 47, s. 150; 1999, c. 17, s. 183; 2001, c. 25, s. 93. Return of duty where order or finding set aside or rescinded 12 (1) Where, pursuant to an application for judicial review under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods, and where all proceedings under this Act respecting the dumping or subsidizing of all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, are subsequently terminated as described in section 47, any duty paid under this Act pursuant to the order or finding by or on behalf of an importer on imported goods that are of Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties General Rules Relating to Payment of Duty Sections 12-13 the same description as goods with respect to which such proceedings are so terminated shall be returned to the importer forthwith after the proceedings are so terminated. Return of part of duty where order or finding set aside or rescinded (1.1) Where, pursuant to an application under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first-mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer without delay after the other order or finding is made. Return of duty (2) If the President is satisfied that, because of a clerical or arithmetical error, an amount has been paid as duty in respect of goods that was not properly payable, the President shall return that amount to the importer or owner of the goods by or on whose behalf it was paid. Idem (3) Where, in relation to the importation of any goods and as a consequence of the operation of any provision of this Act, duty is paid or security posted by or on behalf of a person who, at the time the duty is paid or security posted, is considered by the President to be the importer in Canada of the goods and it is subsequently ruled by the Tribunal that the person was not the importer in Canada of the goods, the duty so paid or security so posted shall be returned to the person forthwith after the Tribunal’s ruling is made. R.S., 1985, c. S-15, s. 12; 1988, c. 65, s. 29; 1990, c. 8, s. 70; 1993, c. 44, s. 207; 1999, c. 12, s. 5, c. 17, ss. 183, 184; 2002, c. 8, ss. 169(E), 182; 2005, c. 38, s. 134. Where Tribunal makes new order or finding 13 Where, pursuant to subsection 91(3), the Tribunal rescinds an order or finding with respect to goods and makes another order or finding with respect to the goods, (a) the other order or finding shall be deemed, for the purposes of this Act, to have been made on the date that the order or finding so rescinded was made; and (b) any duty paid by or on behalf of any person as a consequence of the order or finding so rescinded shall, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties General Rules Relating to Payment of Duty Sections 13-13.2 except to the extent of any duty payable by the person as a consequence of the other order or finding, be returned to the person forthwith after the other order or finding is in fact made. 1984, c. 25, s. 13. 13.1 [Repealed, 2001, c. 25, s. 94] Expedited Review of Normal Value, Export Price or Amount of Subsidy Request for review 13.2 (1) An exporter to Canada or producer of any goods to which an order or finding referred to in subsection 3(1) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer (a) establishes that they are not associated with any exporter who is in the same country as the goods that are subject to the order or finding and who had been given notice under subparagraph 34(1)(a)(i); and (b) has not (i) been given notice under subparagraph 34(1)(a)(i), paragraph 38(3)(a) or subsection 41(3) in respect of the goods, or (ii) been requested to provide information in relation to those goods or in relation to any goods that are of the same description as those goods for the purposes of this Act. Request for review (1.1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of this Act, for the purposes of determining their normal value, export price or amount of subsidy. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Expedited Review of Normal Value, Export Price or Amount of Subsidy Sections 13.2-14 Form of request (2) A request under subsection (1) or (1.1) shall be made in the prescribed manner and form and shall contain the prescribed information. Review (3) If the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount. Review (3.1) If the President receives a request under subsection (1.1), the President shall initiate a review of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, as the case may be. Posting of security (4) An importer of goods that are of the same description as any goods to which a review under subsection (3) applies and that are released during the period beginning on the day the review is initiated and ending on the day on which the President completes the review shall, within the time prescribed under the Customs Act for the payment of duties, post, or cause to be posted, security in the prescribed manner and form and in an amount, or of a value, equal to the margin of dumping of, or amount of subsidy on, the goods. Confirmation, etc., deemed to be a re-determination (5) A confirmation or amendment of a normal value, export price or amount of subsidy under subsection (3) is, for the purposes of paragraph 57(b), deemed to be a redetermination of a normal value, export price or amount of subsidy, as the case may be, by a designated officer referred to in that paragraph. 1994, c. 47, s. 151; 1999, c. 12, s. 6, c. 17, ss. 183, 184; 2001, c. 25, s. 95; 2005, c. 38, ss. 134, 136(F); 2017, c. 20, s. 74. Exemption from Application of Act Exemption of goods from application of Act 14 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from the application of this Act. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Liability for Anti-dumping, Countervailing and Provisional Duties Exemption from Application of Act Sections 14-15 Exemption of goods of Chile from application of Act (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods of Chile from the application of this Act or any of its provisions. The exemption may be in respect of the dumping of those goods or that class. Duration and conditions (3) Regulations made under subsection (2) may specify the period during which the exemption applies and make it subject to conditions. R.S., 1985, c. S-15, s. 14; 1997, c. 14, s. 89. Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Determination of normal value of goods 15 Subject to sections 19 and 20, where goods are sold to an importer in Canada, the normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods (a) to purchasers (i) with whom the exporter is not associated at the time of the sale of the like goods, and (ii) who are at the same or substantially the same trade level as the importer, (b) in the same or substantially the same quantities as the sale of goods to the importer, (c) in the ordinary course of trade for use in the country of export under competitive conditions, (d) during such period of sixty days that ends in the interval commencing with the first day of the year preceding the date of the sale of the goods to the importer and ending on the fifty-ninth day after such date as is selected by the President or, where, in the opinion of the President, the nature of the trade in those goods or the fact that they are sold to the importer for future delivery requires that sales of like goods by the exporter during a period other than a period of sixty days that ends in that interval be taken into account, during such period of sixty days or longer Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 15-16 (i) that precedes the date of the sale of the goods to the importer, or (ii) where the goods are sold to the importer for future delivery, that precedes the date of the sale of the goods to the importer or within the year that precedes the date of the delivery of the goods to the importer as the President specifies for those goods or for goods of the class to which those goods belong, and (e) at the place from which the goods were shipped directly to Canada or, if the goods have not been shipped to Canada, at the place from which the goods would be shipped directly to Canada under normal conditions of trade, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the like goods sold by the exporter. R.S., 1985, c. S-15, s. 15; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Rules applied in determining normal value 16 (1) In the application of section 15 in the case of any goods, (a) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale of the goods to the importer in Canada, but sales of like goods were made by the exporter at one other place or several other places in the country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the exporter at the place described in paragraph 15(e) sales of like goods made by the exporter at that one other place or at the nearest of the several other places to the place described in paragraph 15(e), as the case may be; (b) if there was not, in the opinion of the President, such a number of sales of like goods made by the exporter to purchasers described in subparagraph 15(a)(i) who are at the same or substantially the same trade level as the importer in Canada as to permit a proper comparison with the sale of goods to the importer, but there was such a number of sales of like goods made to purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and subsequent to that of the importer, there shall be substituted for the purchasers described in paragraph 15(a) purchasers described in subparagraph 15(a)(i) who Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Section 16 are at the trade level nearest and subsequent to that of the importer; (c) if by reason of the fact that (i) the sales of like goods made by the exporter were solely or primarily for export, or (ii) the sales of like goods made by the exporter during the period that is applicable by reason of paragraph 15(d) were solely or primarily to purchasers who at any time during that period were not purchasers described in subparagraph 15(a)(i), there was not, in the opinion of the President, such a number of sales of like goods made by the exporter as to permit a proper comparison with the sale of the goods to the importer in Canada, but there were sales of like goods for use in the country of export by other vendors, such one or more of any of those vendors that the President may specify shall be deemed to be the exporter for the purpose of determining the normal value of the goods sold to the importer in Canada; (d) if the quantity of goods sold to the importer in Canada is larger than the largest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the largest quantity sold by the exporter for such use; and (e) if the quantity of goods sold to the importer in Canada is smaller than the smallest quantity of like goods sold by the exporter for use in the country of export, the sales of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use. Idem (2) In determining the normal value of any goods under section 15, there shall not be taken into account (a) any sale of like goods for use in the country of export by a vendor to a purchaser if the vendor did not, at the same or substantially the same time, sell like goods in the ordinary course of trade to other persons in the country of export at the same trade level as, and not associated with, the purchaser; (b) any sale of like goods by the exporter within a period, determined by the President, of not less than six months, where (i) the sale is made at a price that is less than the cost of the goods, (ii) either Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 16-17 (A) the sale is of a volume that, or is one of a number of sales referred to in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or (B) the average selling price of like goods sold by the exporter during that period is less than the average cost of those like goods, and (iii) the sale is made at a price per unit that is not greater than the average cost of all like goods sold during that period; and (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada. Paragraph (2)(c) (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances. Meaning of cost (3) For the purposes of paragraph (2)(b), cost means, in relation to goods, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods. R.S., 1985, c. S-15, s. 16; 1994, c. 47, s. 153; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 75. Price of like goods 17 In determining the normal value of any goods under section 15, the price of like goods when sold by the exporter to purchasers during the period referred to in paragraph 15(d) in a sale or sales that comply with the terms and conditions referred to in section 15 or with those terms and conditions that apply by virtue of subsection 16(1) is, at the option of the President in any case or class of cases, except a case or class of cases to which subsection 30.2(3) applies, (a) the weighted average of the prices at which like goods were sold by the exporter to purchasers during that period; or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 17-19 (b) the price at which like goods were sold by the exporter in any sale during that period where, in the opinion of the President, the price is representative of the prices at which like goods were sold during that period. R.S., 1985, c. S-15, s. 17; 1994, c. 47, s. 154; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Goods deemed to be like goods 18 Where goods imported into Canada and goods sold for use in the country of export are like goods except only that the goods sold for such use have applied to them a trademark, as defined in the Trademarks Act, that is not applied to the goods imported into Canada, and goods like the goods imported are not sold for use in the country of export, the goods imported and the goods sold for such use shall be deemed to be like goods for the purposes of this section if, in the opinion of the President, (a) the goods are being imported into Canada without that trademark applied to them in order to avoid the operation of section 15; and (b) it is probable that there will be applied to the goods, subsequent to their importation into Canada, that trademark or any other mark so closely resembling that trademark that it is likely to be taken therefor. R.S., 1985, c. S-15, s. 18; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, s. 366(E). Where normal value cannot be determined under section 15 19 Subject to section 20, where the normal value of any goods cannot be determined under section 15 by reason that there was not, in the opinion of the President, such a number of sales of like goods that comply with all the terms and conditions referred to in that section or that are applicable by virtue of subsection 16(1) as to permit a proper comparison with the sale of the goods to the importer, the normal value of the goods shall be determined, at the option of the President in any case or class of cases, as (a) such price of like goods when sold by the exporter to importers in any country other than Canada during the period referred to in paragraph 15(d) as, in the opinion of the President, fairly reflects the market value of the goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by the exporter to importers in the country other than Canada; or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 19-20 (b) the aggregate of (i) the cost of production of the goods, (ii) a reasonable amount for administrative, selling and all other costs, and (iii) a reasonable amount for profits. R.S., 1985, c. S-15, s. 19; 1994, c. 47, s. 155; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Normal value where export monopoly 20 (1) Where goods sold to an importer in Canada are shipped directly to Canada (a) from a prescribed country where, in the opinion of the President, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or (b) from any other country where, in the opinion of the President, (i) the government of that country has a monopoly or substantial monopoly of its export trade, and (ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, the normal value of the goods is (c) where like goods are sold by producers in any country other than Canada designated by the President for use in that country, (i) the price of the like goods at the time of the sale of the goods to the importer in Canada, adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by producers in the country other than Canada designated by the President for use in that country, or (ii) the aggregate of (A) the cost of production of the like goods, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 20-21 (B) a reasonable amount for administrative, selling and all other costs, and (C) a reasonable amount for profits, whichever of the price or aggregate the President designates for any case or class of cases; or (d) where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the normal value of the goods to be determined as provided in paragraph (c), the price of like goods (i) produced in any country designated by the President, other than Canada or the country from which the goods were shipped directly to Canada, and (ii) imported into Canada and sold by the importer thereof in the condition in which they were imported to a person with whom, at the time of the sale, the importer was not associated, such price to be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, in taxation and other differences relating to price comparability between the goods sold to the importer and the imported like goods in relation to their sale by the importer thereof. Limitation (2) The President may not designate a country under paragraph (1)(d) if (a) the like goods of that country are also the subject of investigation under this Act, unless the President is of the opinion that those goods are not dumped goods; or (b) in the opinion of the President, the price of the like goods imported into Canada has been significantly influenced by a country described in paragraphs (1)(a) and (b). R.S., 1985, c. S-15, s. 20; 1994, c. 47, s. 156; 1999, c. 12, s. 7, c. 17, ss. 183, 184; 2002, c. 19, s. 16; 2005, c. 38, s. 134. Credit sales of like goods 21 (1) Where any sale of like goods referred to in section 17, paragraph 19(a), subparagraph 20(1)(c)(i) or paragraph 20(1)(d) was made on credit terms other than cash discounts, the price for which the like goods were sold is deemed, for the purpose of that provision, to be an amount equal to the quotient obtained when Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 21-22 (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined (i) as of the time of the sale, and (ii) by reference to a discount rate equal to (A) the interest rate prevailing in the country in which the goods were sold, at the time of the sale, for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the like goods was made, or (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(i), is divided by (b) the number or quantity of the like goods sold, so as to arrive at a unit price for the like goods sold. Adjustment of unit price (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions of sale, taxation and other matters that relate to price comparability between the goods sold to the importer in Canada and the like goods sold. Where agreement relates to several goods (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of like goods also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the like goods shall be included in determining the aggregate referred to in that paragraph. R.S., 1985, c. S-15, s. 21; 1999, c. 12, s. 8. Purchasers to be regarded as one 22 For the purpose of section 15, where two or more purchasers are persons associated with each other during the period that, by reason of the operation of paragraph Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value Sections 22-24 15(d), is relevant for the purpose of that section, those purchasers shall be regarded as a single purchaser. 1984, c. 25, s. 22. Where exporter provides benefit on resale in country of export 23 Where, by reason of any provision of section 17, 19 or 20, the normal value of goods sold to an importer in Canada is required to be determined by reference to the price of like goods sold by the exporter of the first mentioned goods and the exporter agrees with persons who purchase the like goods from him in the country of export of the goods sold to the importer in Canada to provide, directly or indirectly, to persons who purchase the like goods in the country of export (a) on resale from the persons with whom such an agreement is made, or (b) from any person on any subsequent resale, any benefit by way of rebate, service, other goods or otherwise, the normal value for the purposes of this Act of the goods sold to the importer in Canada is the normal value as determined pursuant to that provision minus an amount to reflect the value of the benefit to persons who purchase the like goods on resale. 1984, c. 25, s. 23. Costs during start-up period 23.1 Where, in calculating the normal value of any goods, the investigation period includes a start-up period of production, the cost of production of the goods and the administrative, selling and all other costs with respect to the goods for that start-up period of production shall be determined in the prescribed manner. 1994, c. 47, s. 157. Export Price Determination of export price of goods 24 The export price of goods sold to an importer in Canada, notwithstanding any invoice or affidavit to the contrary, is an amount equal to the lesser of (a) the exporter’s sale price for the goods, adjusted by deducting therefrom (i) the costs, charges and expenses incurred in preparing the goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Export Price Sections 24-25 (ii) any duty or tax imposed on the goods by or pursuant to a law of Canada or of a province, to the extent that the duty or tax is paid by or on behalf or at the request of the exporter, and (iii) all other costs, charges and expenses resulting from the exportation of the goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a), and (b) the price at which the importer has purchased or agreed to purchase the goods, adjusted by deducting therefrom all costs, charges, expenses, duties and taxes described in subparagraphs (a)(i) to (iii). 1984, c. 25, s. 24. Special rules to determine export price 25 (1) Where, in respect of goods sold to an importer in Canada, (a) there is no exporter’s sale price or no price at which the importer in Canada has purchased or agreed to purchase the goods, or (b) the President is of the opinion that the export price, as determined under section 24, is unreliable (i) by reason that the sale of the goods for export to Canada was a sale between associated persons, or (ii) by reason of a compensatory arrangement, made between any two or more of the following, namely, the manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser and any other person, that directly or indirectly affects or relates to (A) the price of the goods, (B) the sale of the goods, (C) the net return to the manufacturer, producer, vendor or exporter of the goods, or (D) the net cost to the importer of the goods, the export price of the goods is (c) if the goods were sold by the importer in the condition in which they were or are to be imported to a person with whom, at the time of the sale, he was not associated, the price for which the goods were so sold less an amount equal to the aggregate of (i) all costs, including duties imposed by virtue of this Act or the Customs Tariff and taxes, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Export Price Section 25 (A) incurred on or after the importation of the goods and on or before their sale by the importer, or (B) resulting from their sale by the importer, (ii) an amount for profit by the importer on the sale, (iii) the costs, charges and expenses incurred by the exporter, importer or any other person in preparing the goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, and (iv) all other costs, charges and expenses incurred by the exporter, importer or any other person resulting from the exportation of the imported goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a), (d) if the goods are imported for the purpose of assembly, packaging or other further manufacture in Canada or for incorporation into other goods in the course of manufacture or production in Canada, the price of the goods as assembled, packaged or otherwise further manufactured, or of the goods into which the imported goods have been incorporated, when sold to a person with whom the vendor is not associated at the time of the sale, less an amount equal to the aggregate of (i) an amount for profit on the sale of the assembled, packaged or otherwise further manufactured goods or of the goods into which the imported goods have been incorporated, (ii) the administrative, selling and all other costs incurred in selling the goods described in subparagraph (i), (iii) the costs that are attributable or in any manner related to the assembly, packaging or other further manufacture or to the manufacture or production of the goods into which the imported goods have been incorporated, (iv) the costs, charges and expenses incurred by the exporter, importer or any other person in preparing the imported goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of like goods for use in the country of export, and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Export Price Sections 25-26 (v) all other costs, charges and expenses, including duties imposed by virtue of this Act or the Customs Tariff and taxes, (A) resulting from the exportation of the imported goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor by virtue of paragraph 16(1)(a) that are incurred by the exporter, importer or any other person, or (B) incurred on or after the importation of the imported goods and on or before the sale of the goods as assembled, packaged or otherwise further manufactured or of the goods into which the imported goods have been incorporated, or (e) in any cases not provided for by paragraphs (c) and (d), the price determined in such manner as the Minister specifies. No deduction (2) No deduction for duties imposed by virtue of this Act may be made under (a) subparagraph (1)(c)(i), in the case of an export price determined under paragraph (1)(c), or (b) subparagraph (1)(d)(v), in the case of an export price determined under paragraph (1)(d), where, in the opinion of the President, the export price determined under either of those paragraphs without making such a deduction is equal to or greater than the normal value of the goods. R.S., 1985, c. S-15, s. 25; 1994, c. 47, s. 158; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Export price where agreement affects anti-dumping duty 26 Where the manufacturer, producer, vendor or exporter of goods sold to an importer in Canada undertakes, directly or indirectly in any manner whatever, to indemnify, pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of the anti-dumping duty that may be levied on the goods, (a) the indemnity, payment or reimbursement is deemed not to be a compensatory arrangement referred to in subparagraph 25(1)(b)(ii); and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Export Price Sections 26-27 (b) the export price of the goods is the export price thereof as otherwise determined under this Act minus the amount of the indemnity, payment or reimbursement. R.S., 1985, c. S-15, s. 26; 1999, c. 12, s. 9. Credit sales of goods sold to importer in Canada 27 (1) For the purposes of sections 24 and 25, where any sale of goods referred to in those sections was made on credit terms other than cash discounts, the sale price for the goods is deemed to be an amount equal to the quotient obtained when (a) the aggregate of the present value of every payment of principal or interest, or of principal and interest, provided for by any agreement entered into with respect to the sale, determined (i) as of the time of the sale, and (ii) by reference to a discount rate equal to (A) the interest rate prevailing, at the time of the sale, in the country in which the vendor is located for commercial loans available in that country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the goods was made, or (B) where it is not possible to ascertain the interest rate referred to in clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations made pursuant to paragraph 97(j), is divided by (b) the number or quantity of the goods sold, so as to arrive at a unit price for the goods sold. Adjustment of unit price (1.1) The unit price arrived at under subsection (1) shall be adjusted in the prescribed manner and circumstances. Where agreement relates to several goods (2) For the purpose of paragraph (1)(a), where an agreement with respect to the sale of goods referred to in section 24 or 25 also relates to the sale of other goods, only Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Export Price Sections 27-30 such portion of the present value of any payment of principal or interest, or of principal and interest, provided for by the agreement as is reasonably attributable to the goods referred to in section 24 or 25, as the case may be, shall be included in determining the aggregate referred to in that paragraph. R.S., 1985, c. S-15, s. 27; 1999, c. 12, s. 10. Where exporter provides benefit on resale in Canada 28 For the purposes of sections 24 and 25, where the exporter of goods sold to an importer in Canada agrees with the importer to provide, directly or indirectly, to persons who purchase the goods in Canada (a) on resale from the importer, or (b) from any person on any subsequent resale, any benefit by way of rebate, service, other goods or otherwise, the export price of the goods is the export price as otherwise determined under this Act, after subtracting therefrom any amount that is required to be subtracted under section 26, minus an amount to reflect the value of the benefit to persons who purchase the goods on resale. 1984, c. 25, s. 28. Normal Value and Export Price Normal value and export price where information not available 29 (1) Where, in the opinion of the President, sufficient information has not been furnished or is not available to enable the determination of normal value or export price as provided in sections 15 to 28, the normal value or export price, as the case may be, shall be determined in such manner as the Minister specifies. Consignment shipments (2) Where goods are or are to be shipped to Canada on consignment and there is no known purchaser in Canada of the goods, the normal value and export price of the goods shall be determined in such manner as the Minister specifies. R.S., 1985, c. S-15, s. 29; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Normal value and export price where goods exported to Canada through another country 30 (1) Where goods are exported to Canada from one country but pass in transit through another country, the normal value and export price of the goods shall, subject Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Normal Value and Export Price Sections 30-30.2 to such terms and conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be determined as if the goods were shipped directly to Canada from the first mentioned country. Normal value and export price where goods shipped indirectly to Canada (2) Where any goods (a) are or are to be shipped indirectly to Canada from the country of origin through one or more other countries, and (b) would, but for this section, have a normal value as computed under sections 15 to 23 or section 29 that is less than the normal value would be if the country of export were the country of origin, the normal value and export price of the goods shall, notwithstanding any other provision of this Act, be determined as if the goods were or were to be shipped directly to Canada from the country of origin. R.S., 1985, c. S-15, s. 30; 1999, c. 12, s. 11. Margin of Dumping 30.1 [Repealed, 2017, c. 20, s. 76] Margin of dumping re goods of an exporter 30.2 (1) Subject to subsection (2), the margin of dumping in relation to any goods of a particular exporter is zero or the amount determined by subtracting the weighted average export price of the goods from the weighted average normal value of the goods, whichever is greater. If variation in price (2) The President may determine the margin of dumping in relation to any goods of a particular exporter to be the weighted average of the margins of dumping in relation to the goods of that exporter that are sold in any individual sales of goods of that exporter that the President considers relevant if, in the opinion of the President, there are significant variations in the prices of goods of that exporter among purchasers, regions in Canada or time periods. Price of like goods (3) Where subsection (2) applies and any of the normal values used to determine the margins of dumping in relation to goods sold in individual sales are determined in accordance with section 15, the price of like goods used to determine those normal values is the weighted average, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Margin of Dumping Sections 30.2-30.4 determined in accordance with paragraph 17(a), of the prices at which the like goods were sold. 1994, c. 47, s. 159; 1999, c. 12, s. 13(E), c. 17, ss. 183, 184; 2005, c. 38, s. 134. Margin of dumping based on sample 30.3 (1) The President may, if the President is of the opinion that it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the number of exporters, producers or importers, the variety or volume of goods or any other reason, determine margins of dumping in relation to (a) the largest percentage of goods of each of the countries whose goods are under consideration that, in the opinion of the President, can reasonably be investigated; or (b) samples of the goods of each of the countries whose goods are under consideration that, in the opinion of the President based on the information available at the time of selection, are statistically valid. Where information submitted (2) Where subsection (1) applies, the President shall determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample, as the case may be, referred to in that subsection where (a) the exporter of the goods submits information for the purpose of determining a margin of dumping; and (b) in the opinion of the President, it is practicable to do so. Other cases (3) Where subsection (1) applies with respect to goods under consideration, the margin of dumping in relation to those goods that were not included in the percentage or sample and those goods for which a margin of dumping was not determined in accordance with subsection (2) shall be determined in the prescribed manner. 1994, c. 47, s. 159; 1999, c. 12, s. 14, c. 17, ss. 183, 184; 2005, c. 38, s. 134. Amount of Subsidy Amount of subsidy 30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Normal Value, Export Price, Margin of Dumping and Amount of Subsidy Amount of Subsidy Sections 30.4-31 Where no prescribed manner (2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify. Exception (3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy. 1994, c. 47, s. 159; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Procedure in Dumping and Subsidy Investigations Commencement of Investigation Initiation of investigation 31 (1) The President shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the President’s own initiative or, subject to subsection (2), where the President receives a written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date on which written notice is given by or on behalf of the President to the complainant that the complaint is properly documented, if the President is of the opinion that there is evidence (a) that the goods have been dumped or subsidized; and (b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury. Standing (2) No investigation may be initiated under subsection (1) as a result of a complaint unless (a) the complaint is supported by domestic producers whose production represents more than fifty per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint; and (b) the production of the domestic producers who support the complaint represents twenty-five per cent Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Section 31 or more of the total production of like goods by the domestic industry. Meaning of domestic producers (2.1) For the purpose of paragraph (2)(a), if a domestic producer is an importer of, or is related to an exporter or importer of, allegedly dumped or subsidized goods, domestic producers may, subject to subsection 2(1.1), be interpreted as meaning the rest of those domestic producers. Meaning of domestic industry (3) In paragraph (2)(b), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, if a domestic producer is related to an exporter or importer of allegedly dumped or subsidized goods, or is an importer of such goods, domestic industry may be interpreted as meaning the rest of those domestic producers. Producers related to exporters or importers (4) For the purposes of subsections (2.1) and (3), a domestic producer is related to an exporter or importer if (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer, (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person, and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer. Where there is deemed to be control (5) For the purposes of subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person. Extension of thirty day period (6) The period of thirty days referred to in subsection (1) is extended to forty-five days where, before the expiration of the thirty days, the President causes written notice to be given to the complainant and to the government of the country of export that the period of thirty Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 31-31.1 days is insufficient to determine whether there is compliance with either or both of the conditions referred to in subsection (2) and subsection 31.1(1). Initiation of investigation (7) The President may, on receipt of a notice in writing from the Tribunal pursuant to section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice. Initiation of investigation (8) Where a reference is made to the Tribunal pursuant to subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the President shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice. R.S., 1985, c. S-15, s. 31; 1994, c. 47, s. 160; 1999, c. 12, s. 15, c. 17, s. 183; 2005, c. 38, s. 134. No investigation where subsidy notified 31.1 (1) Subject to subsections (2) and (3), the President may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy. Where determination that subsidy is actionable (2) Subject to subsection (3), the President may initiate an investigation with respect to a subsidy referred to in subsection (1) where there is a determination that the subsidy is not a non-actionable subsidy by (a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or (b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of (i) a determination by the Committee that the subsidy is a non-actionable subsidy, or (ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement. Where redetermination that subsidy is actionable (3) The President may initiate an investigation with respect to a subsidy that was determined, by the Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 31.1-32 Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy. Notification (4) The President shall without delay notify the Deputy Minister of Finance and the complainant if the President is of the opinion that (a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or (b) a subsidy that was determined by the Committee or an arbitration body to be a non-actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy. Where Deputy Minister of Finance receives notification (5) The Deputy Minister of Finance shall, on receipt of notification under subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4)(a) and (b). 1994, c. 47, s. 161; 1999, c. 17, ss. 181, 183; 2005, c. 38, s. 134. Where President receives a complaint 32 (1) Where the President receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof, (a) where the complaint is properly documented, cause the complainant and the government of the country of export to be informed in writing that the complaint was received and that it is properly documented; or (b) where the complaint is not properly documented, cause the complainant to be informed that the complaint was received and that additional information and material is needed in order for the complaint to be properly documented. Additional information and material (2) For the purposes of subsection (1), where the President receives from a complainant additional written information or material in relation to a complaint referred to in that subsection with respect to which he has at any time caused the complainant to be informed pursuant to paragraph (1)(b), the President shall, unless, before the receipt of the additional information or material, he has Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 32-33 caused the complainant to be informed in writing pursuant to paragraph (1)(a) that the complaint is properly documented, be deemed to have received, on the day that he received the additional written information or material, a complaint respecting the dumping or subsidizing of goods composed of the complaint with respect to which he has caused the complainant to be so informed pursuant to paragraph (1)(b) and the additional information or material. Deemed complaint (3) If a written complaint filed with the Tribunal under subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the President under subsection 26(4) or 28(1) of that Act, the President is deemed to have received a written complaint described in subsection (1). R.S., 1985, c. S-15, s. 32; R.S., 1985, c. 47 (4th Supp.), s. 52; 1994, c. 47, s. 162; 1999, c. 12, s. 16, c. 17, ss. 183, 184; 2005, c. 38, s. 134. Where President decides not to initiate investigation 33 (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export. Reference to Tribunal (2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the President the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury, (a) the President may, on the date of the notice referred to in subsection (1), or (b) the complainant may, within thirty days after the date of the notice referred to in subsection (1), refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury. R.S., 1985, c. S-15, s. 33; 1994, c. 47, s. 163; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 34-35 Notice of investigation 34 (1) If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods, the President shall (a) in the case of an investigation initiated under any provision of this Act other than section 7, cause notice of the investigation (i) to be given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any other prescribed persons, and (ii) to be published in the Canada Gazette; and (b) without delay provide the Tribunal with the information and material with respect to the matter that is required under the Tribunal’s rules. Tribunal to make preliminary inquiry (2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury. R.S., 1985, c. S-15, s. 34; 1994, c. 47, s. 164; 1999, c. 12, s. 17, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, ss. 429, 443. Termination of investigation or inquiry 35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation, (a) the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury. Duty of President (2) The President shall (a) cause the investigation to be terminated with respect to the goods in respect of which the President is Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 35-35.1 so satisfied or the Tribunal has come to that conclusion; and (b) cause notice of the termination to be (i) given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and (ii) published in the Canada Gazette. Duty of Tribunal (3) The Tribunal shall (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and (b) cause notice of the termination to be (i) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and (ii) published in the Canada Gazette. R.S., 1985, c. S-15, s. 35; 1994, c. 47, s. 165; 1999, c. 12, s. 17, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2016, c. 7, s. 196; 2017, c. 20, s. 77. Termination of investigation — Chile 35.1 (1) Immediately after goods of Chile are exempted from the application of this Act in respect of dumping by regulations made under section 14, (a) the President shall cause any investigation initiated under section 31 to be terminated to the extent that it relates to the dumping of those goods; (b) the Tribunal shall cause any preliminary inquiry initiated under subsection 34(2) to be terminated to the extent that it relates to the dumping of those goods; and (c) all related proceedings are terminated to the extent that they relate to the dumping of those goods. Notice of termination (2) The President or the Tribunal, as the case may be, shall cause notice of the termination (a) to be given to the exporter, the importer, the Government of the Republic of Chile, the complainant, if any, and any other persons who may be prescribed; and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Commencement of Investigation Sections 35.1-37.1 (b) to be published in the Canada Gazette. 1997, c. 14, s. 90; 1999, c. 12, s. 18, c. 17, ss. 183, 184; 2005, c. 38, s. 134. 36 [Repealed, 1999, c. 12, s. 19] Tribunal to give advice 37 If a reference is made to the Tribunal under section 33 on any question in relation to any matter before the President, (a) the President shall forthwith provide the Tribunal with such information and material with respect to the matter as may be required under the rules of the Tribunal; and (b) the Tribunal shall render its advice on the question (i) without holding any hearings thereon, (ii) on the basis of the information that was before the President when he reached his decision or conclusion on that question, and (iii) forthwith after the date on which the reference is made to it and, in any event, not later than thirty days after that date. R.S., 1985, c. S-15, s. 37; 1999, c. 12, s. 20, c. 17, ss. 183, 184; 2005, c. 38, s. 134. Preliminary Determination of Injury or of Dumping or Subsidizing Preliminary determination of injury 37.1 (1) On or before the sixtieth day after the initiation of an investigation under section 31, the Tribunal shall make, with respect to the goods in respect of which the investigation has not been terminated under section 35, a preliminary determination that there is evidence that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury. Notification (2) The Tribunal shall cause notice of the preliminary determination to be (a) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons; and (b) published in the Canada Gazette. 1999, c. 12, s. 21, c. 17, s. 184; 2005, c. 38, s. 134. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Preliminary Determination of Injury or of Dumping or Subsidizing Section 38 Preliminary determination of dumping or subsidizing 38 (1) Subject to section 39, after the sixtieth and on or before the ninetieth day after the initiation of an investigation under section 31, the President shall make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated under section 35 after estimating and specifying, in relation to each exporter of goods in respect of which the investigation is made, as follows: (a) in the case of dumped goods, (i) estimating the margin of dumping of the goods to which the preliminary determination applies, using the information available to the President at the time the estimate is made, and (ii) specifying the goods to which the preliminary determination applies; (b) in the case of subsidized goods, (i) estimating the amount of subsidy on the goods to which the preliminary determination applies, using the information available to the President at the time the estimate is made, (ii) specifying the goods to which the preliminary determination applies, and (iii) subject to subsection (2), where the whole or any part of the subsidy on the goods to which the preliminary determination applies is a prohibited subsidy, specifying that there is a prohibited subsidy on the goods and estimating the amount of the prohibited subsidy thereon; and (c) in the case of dumped or subsidized goods, specifying the name of the person the President believes, on the information available to the President at the time the President makes the estimate referred to in subparagraph (a)(i) or (b)(i), as the case may be, is the importer in Canada of the goods. Insignificant margin or amount (1.1) The President may in making a preliminary determination under subsection (1), using the information available to him or her at that time, make the determination that the margin of dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant. Deeming provision (1.2) For the purposes of a preliminary determination, if the President determines that the margin of dumping or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Preliminary Determination of Injury or of Dumping or Subsidizing Sections 38-39 the amount of subsidy is equivalent to 0% of the export price of the goods, then that margin or amount is considered to be insignificant and the investigation in respect of those goods continues. Exception (2) The President shall not specify or estimate anything pursuant to subparagraph (1)(b)(iii) where the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods on which there is an export subsidy and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994. Notice of preliminary determination (3) Where the President makes a preliminary determination under subsection (1), the President shall (a) cause notice of the determination to be given and published as provided in paragraph 34(1)(a); and (b) cause to be filed with the Tribunal written notice of the determination, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal. R.S., 1985, c. S-15, s. 38; 1994, c. 47, ss. 166, 185; 1999, c. 12, s. 22, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2016, c. 7, s. 197; 2017, c. 20, s. 78. Time extended 39 (1) If, in any investigation respecting the dumping or subsidizing of goods, the President, before the expiration of the ninety days referred to in subsection 38(1), causes written notice to be given to the persons and the government referred to in paragraph 34(1)(a) that by reason of (a) the complexity or novelty of the issues presented by the investigation, (b) the variety of goods or number of persons involved in the investigation, (c) the difficulty of obtaining satisfactory evidence in the investigation, or (d) any other circumstance specified in the notice that, in the opinion of the President, makes it unusually difficult for him to decide within those ninety days whether to terminate the investigation with respect to some or all of the goods, proceed in accordance with subsection 38(1) or accept an undertaking or undertakings, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Preliminary Determination of Injury or of Dumping or Subsidizing Sections 39-41 the decision referred to in paragraph (d) will not be made within those ninety days, the period of ninety days referred to in section 38 is thereupon extended to one hundred and thirty-five days. Notice of time extension (2) Where the President causes notice to be given pursuant to subsection (1), he shall cause a notice to the same effect to be published in the Canada Gazette forthwith. R.S., 1985, c. S-15, s. 39; 1994, c. 47, s. 186; 1999, c. 12, s. 23, c. 17, ss. 183, 184; 2005, c. 38, s. 134. 40 [Repealed, 1999, c. 12, s. 24] Final Determination Final determination or termination 41 (1) Within 90 days after making a preliminary determination under subsection 38(1), the President shall (a) terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and (b) make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows: (i) in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and (ii) in the case of subsidized goods, (A) the goods to which the determination applies, (B) the amount of subsidy on the goods, and (C) subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Final Determination Sections 41-41.1 Exception (2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994. Notice of final determination (3) Where the President makes a final determination of dumping or subsidizing in respect of goods, he shall cause notice that he has made the determination to be (a) given and published as provided in paragraph 34(1)(a); and (b) filed with the Tribunal in writing, stating the reasons therefor, together with such other material relating to the determination as may be required under the rules of the Tribunal. Notice of termination (4) Where the President causes an investigation respecting the dumping or subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he shall cause notice of the termination to be (a) given and published as provided in paragraph 34(1)(a); and (b) given in writing to the Tribunal. R.S., 1985, c. S-15, s. 41; 1994, c. 47, ss. 167, 185, 186; 1999, c. 12, s. 25, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2017, c. 20, s. 79. Action on final determination or decision referred back by Court 41.1 (1) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is set aside and the matter referred back to the President on an application under section 96.1, the President shall (a) reconsider the matter and make a new final determination or decision; and (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Final Determination Section 41.1 Action on final determination or decision referred back by panel (2) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is referred back to the President under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the President shall (a) reconsider the final determination or decision and confirm or rescind it or, in the case of a final determination, vary it; and (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal and the Canadian Secretary. Final determination (3) Where the President reconsiders a matter involving a final determination pursuant to subsection (1) or reconsiders and rescinds a final determination pursuant to subsection (2), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the President is required by that section to take shall, notwithstanding anything therein, be taken by the President within such period as is specified by the panel that made the order or the Federal Court of Appeal, as the case may be, or, in the case of the Federal Court of Appeal, within ninety days after the Court gives its ruling, if it did not specify a period. Decision to terminate (4) Where the President reconsiders a matter involving a decision pursuant to subsection (1) or reconsiders and rescinds a decision pursuant to subsection (2), (a) the President shall be deemed to have made, on the day on which the order referring the matter or decision back to the President was made, a preliminary determination of dumping or subsidizing in respect of the goods that were the subject of the investigation that was terminated; (b) the President shall resume the investigation that was terminated; (c) section 41 shall again apply as described in subsection (3); and (d) sections 42 and 43 shall again apply in respect of the goods to which the decision relates as if those sections had not previously applied in respect of those goods, except that the action that the Tribunal is Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Procedure in Dumping and Subsidy Investigations Final Determination Sections 41.1-42 required by those sections to take shall, notwithstanding anything therein, be taken by the Tribunal within one hundred and twenty days after the day on which the order referring the decision back to the President was made. 1988, c. 65, s. 31; 1993, c. 44, s. 208; 1994, c. 47, s. 186; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 430, 443; 2017, c. 20, s. 80. President to be guided by Canada’s obligations 41.2 The President shall, in an investigation respecting the subsidizing of any goods, take into account the provisions of paragraphs 10 and 11 of Article 27 of the Subsidies Agreement. 1994, c. 47, s. 168; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Inquiries by Tribunal Tribunal to make inquiry 42 (1) The Tribunal, forthwith after receipt pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances: (a) in the case of any goods to which the preliminary determination applies, as to whether the dumping or subsidizing of the goods (i) has caused injury or retardation or is threatening to cause injury, or (ii) would have caused injury or retardation except for the fact that provisional duty was imposed in respect of the goods; (b) in the case of any dumped goods to which the preliminary determination applies, as to whether (i) either (A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or (B) the importer of the goods was or should have been aware that the exporter was practising dumping and that the dumping would cause injury, and (ii) injury has been caused by reason of the fact that the dumped goods (A) constitute a massive importation into Canada, or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Section 42 (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and it appears necessary to the Tribunal that duty be assessed on the imported goods in order to prevent the recurrence of that injury; and (c) in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to whether (i) injury has been caused by reason of the fact that the subsidized goods (A) constitute Canada, or a massive importation into (B) form part of a series of importations into Canada, which importations in the aggregate are massive and have occurred within a relatively short period of time, and (ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of that injury. Tribunal to make or resume inquiry (2) Where the Tribunal receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, it shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing (a) has caused injury or retardation or is threatening to cause injury; or (b) would have caused, during any period after the undertaking or undertakings, as the case may be, with respect to the goods were accepted, injury, retardation or threat of injury except for that acceptance. Assessment of cumulative effect (3) In making or resuming its inquiry under subsection (1), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary determination applies that are imported into Canada from more than one country if the Tribunal is satisfied that Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Section 42 (a) the margin of dumping or the amount of subsidy in relation to the goods from each of those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and (b) an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the preliminary determination applies that are imported into Canada from any of those countries and (i) goods to which the preliminary determination applies that are imported into Canada from any other of those countries, or (ii) like goods of domestic producers. Application of paragraph (3)(a) (3.1) For the purposes of paragraph (3)(a), (a) the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2; and (b) the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.4. Tribunal to be guided by Canada’s obligations (4) The Tribunal shall, in making a cumulative assessment under subsection (3), take into account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement. Termination of inquiry if volume is negligible (4.1) If the Tribunal determines that the volume of dumped or subsidized goods from a country is negligible, the Tribunal shall terminate its inquiry in respect of those goods. When domestic industry based on regional markets (5) Where subsection 2(1.1) applies in respect of the dumping or subsidizing of goods to which the preliminary determination applies, the Tribunal shall not find that the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury unless (a) there is a concentration of those goods into the regional market; and (b) the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Sections 42-43 injury to the producers of all or almost all of the production of like goods in the regional market. Volume of dumped or subsidized goods (6) For the purposes of this section, the volume of dumped or subsidized goods from a country is deemed to include the volume of goods of the country that are of the same description and are the subject of a sale for export to Canada. Application (7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant. R.S., 1985, c. S-15, s. 42; 1994, c. 47, s. 169; 1999, c. 12, ss. 26, 52(E); 2014, c. 20, s. 431; 2017, c. 20, s. 81. Tribunal to make order or finding 43 (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies. Separate order or finding (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country: (a) goods of more than one CUSMA country; or (b) goods of one or more CUSMA countries and goods of one or more other countries. Suspension of s. (1.1) (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force. Separate order or finding (1.1) Where an inquiry referred to in section 42 involves goods of the United States as well as goods of other countries, the Tribunal shall make a separate order or finding Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Sections 43-44 under subsection (1) with respect to the goods of the United States. Notice of order or finding (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding. Publication of notice (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette. R.S., 1985, c. S-15, s. 43; 1988, c. 65, s. 32; 1993, c. 44, s. 209; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, s. 432; 2020, c. 1, s. 75. Recommencement of inquiry 44 (1) Where pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry, and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after (c) where paragraph (a) applies, the date on which the order or finding is set aside, and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Sections 44-45 (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced. Idem (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods, (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable. R.S., 1985, c. S-15, s. 44; 1988, c. 65, s. 33; 1990, c. 8, s. 71; 2002, c. 8, ss. 170(E), 182; 2014, c. 20, s. 433. Initiation of inquiry if imposition of duty not in public interest 45 (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or subsidizing of any goods, the Tribunal makes an order or finding described in any of sections 3 to 6 with respect to those goods, the Tribunal shall, on its own initiative or on the request of an interested person that is made within the prescribed period and in the prescribed manner, initiate a public interest inquiry if the Tribunal is of the opinion that there are reasonable grounds to consider that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect of the goods would not or might not be in the public interest. Publication of notice (2) The Tribunal shall publish in the Canada Gazette notice of a decision to initiate a public interest inquiry. Consideration of prescribed factors (3) In a public interest inquiry, the Tribunal shall take into account any factors, including prescribed factors, that it considers relevant. Report (4) If, as a result of a public interest inquiry, the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Sections 45-46 in respect of the goods would not or might not be in the public interest, the Tribunal shall without delay (a) report to the Minister of Finance that it is of that opinion and provide that Minister with a statement of the facts and reasons that caused it to be of that opinion; and (b) cause notice of the report to be published in the Canada Gazette. Details in report (5) If the Tribunal is of the opinion that the imposition of an anti-dumping or countervailing duty in the full amount would not or might not be in the public interest, the Tribunal shall, in the report referred to in paragraph (4)(a), specify either (a) a level of reduction in the anti-dumping or countervailing duty provided for in any of sections 3 to 6; or (b) a price or prices that are adequate to eliminate injury, retardation or the threat of injury to the domestic industry. Persons interested may make representations (6) If a person interested in a public interest inquiry makes a request to the Tribunal within the prescribed period and in the prescribed manner for an opportunity to make representations to the Tribunal on the question whether the Tribunal should make a report under paragraph (4)(a) with respect to any goods in respect of which the inquiry is being made, the Tribunal shall give that person an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as the Tribunal directs in the case of that inquiry. R.S., 1985, c. S-15, s. 45; 1999, c. 12, s. 27; 2014, c. 20, s. 443. Tribunal to advise President 46 Where, during an inquiry referred to in section 42 respecting the dumping or subsidizing of goods to which a preliminary determination under this Act applies, the Tribunal is of the opinion that (a) there is evidence that goods the uses and other characteristics of which closely resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and (b) the evidence discloses a reasonable indication that the dumping or subsidizing referred to in paragraph (a) has caused injury or retardation or is threatening to cause injury, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Inquiries by Tribunal Sections 46-49 the Tribunal, by notice in writing setting out the description of the goods first mentioned in paragraph (a), shall so advise the President. R.S., 1985, c. S-15, s. 46; 1994, c. 47, s. 170; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Termination of proceedings 47 (1) An order or finding made by the Tribunal with respect to any dumped or subsidized goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings under this Act respecting the dumping or subsidizing of the goods, other than proceedings under Part I.1 or II or subsection 76.02(1) or (3). Termination of inquiry — Chile (2) If goods of Chile are exempted from the application of this Act by regulations made under section 14, the Tribunal shall issue an order terminating any inquiry referred to in section 42 to the extent that it relates to the dumping of those goods. Notice of termination (3) The Tribunal shall (a) send, immediately after an inquiry is terminated under subsection (2), notice of the termination to the President, the importer, the exporter, the Government of the Republic of Chile and any other persons who are specified by the rules of the Tribunal; and (b) cause a notice of the termination to be published in the Canada Gazette. R.S., 1985, c. S-15, s. 47; 1988, c. 65, s. 34; 1993, c. 44, s. 210; 1997, c. 14, s. 91; 1999, c. 12, s. 28, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, s. 434. 48 [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] Undertakings Acceptance of undertaking 49 (1) Subject to subsection (2), the President may, in an investigation respecting the dumping or subsidizing of goods, accept an undertaking or undertakings with respect to dumped or subsidized goods where the President is of the opinion that observance of the undertaking or undertakings, as the case may be, will eliminate (a) the margin of dumping of or the subsidy on (i) where the undertaking is given by an exporter, the goods if they are sold by the exporter to importers in Canada, and (ii) where the undertaking is given by the government of a country from which the goods are Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Section 49 exported to Canada, the goods if they are exported to Canada from that country pursuant to sales thereof by exporters to importers in Canada; or (b) any injury, retardation or threat of injury that is being caused by the dumping or subsidizing. Idem (2) The President shall not accept an undertaking with respect to dumped or subsidized goods (a) unless he is of the opinion that observance of the undertaking will not cause (i) where the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter, or (ii) where the undertaking is given by the government of a country, the price at which the goods, when exported to Canada from that country, will be sold to importers in Canada, to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy thereon; (b) unless the President has made a preliminary determination under subsection 38(1); or (c) where he is of the opinion that it would not be practicable to administer the undertaking or undertakings, as the case may be. Request to complete investigation and inquiry (3) Where the exporter, in the case of an investigation and inquiry with respect to dumped goods, or the government of the exporting country, in the case of an investigation and inquiry with respect to subsidized goods, wishes to offer an undertaking with respect to the dumped or subsidized goods, as the case may be, but wishes the investigation and inquiry with respect to the goods to be completed, (a) the undertaking must be accompanied by a request to the President to complete the investigation; and (b) a request must be made to the Tribunal to complete its inquiry. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Sections 49-50.1 Time for offering undertaking (4) The President may refuse to accept any undertaking offered after such period of time as is prescribed for the purpose of this subsection. Consideration of representations (5) In considering whether to accept an undertaking, the President shall consider any representations received from the importer, exporter, government of the country of export or any other interested person. R.S., 1985, c. S-15, s. 49; 1994, c. 47, ss. 171, 185(E); 1999, c. 12, s. 29, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2016, c. 7, s. 198; 2017, c. 20, s. 82. Procedure where undertaking accepted 50 Forthwith after the President accepts, in an investigation by the President under section 31, an undertaking or undertakings with respect to dumped or subsidized goods, (a) the President shall (i) cause notice of the acceptance to be given and published as provided in paragraph 34(1)(a), (ii) suspend the collection of provisional duties with respect to those goods, as provided under subsection 8(5), (iii) suspend the investigation unless the requests referred to in subsection 49(3) were made, and (iv) notify the Tribunal of any suspension under subparagraph (iii); and (b) the Tribunal shall suspend its inquiry with respect to the dumping or subsidizing of goods with respect to which the undertaking or undertakings have been accepted unless the requests referred to in subsection 49(3) were made. R.S., 1985, c. S-15, s. 50; 1994, c. 47, s. 172; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Suspension of operation of time period 50.1 (1) Where an undertaking has been accepted with respect to the dumping or subsidizing of goods, the operation of any period specified, pursuant to this Act, for the doing of any thing in relation to those goods is suspended for such period as the undertaking is in force and is resumed on the expiration or termination of the undertaking. Extension of time period (2) A period to which subsection (1) applies is extended by a period equal to Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Sections 50.1-51.1 (a) where subsection 51(1) applies in respect of the undertaking, the period between the day on which the undertaking was accepted and the day on which it was terminated; or (b) in any other case, the period between the day on which the preliminary determination was made in respect of the goods to which the undertaking applies and the day on which the undertaking was accepted. 1994, c. 47, s. 172. President to terminate undertaking 51 (1) The President shall forthwith terminate an undertaking in respect of which the President receives, within thirty days after the date of the notice of acceptance of an undertaking or undertakings with respect to dumped or subsidized goods given pursuant to paragraph 50(a)(i) but before an order is made by the Tribunal under subsection 43(1) in respect of the goods, a request for termination from (a) in the case of dumped goods, the importer or exporter of the goods or the complainant in the investigation respecting the goods; and (b) in the case of subsidized goods, the importer, exporter or government of the country of export of the goods or the complainant in the investigation respecting the goods. President to resume investigation (2) Where the President terminates any undertaking pursuant to subsection (1), he shall forthwith cause the investigation to be resumed with respect to all the goods to which the investigation related when he accepted the undertaking or undertakings, as the case may be, and shall cause notice of the resumption of the investigation to be given as provided in paragraph 34(1)(a). R.S., 1985, c. S-15, s. 51; 1994, c. 47, ss. 173, 186; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Acceptance of further undertakings 51.1 If an investigation has been suspended under subparagraph 50(a)(iii), the President may accept an undertaking in respect of dumped or subsidized goods from an exporter or government that had not previously offered an undertaking in respect of the goods that was accepted by the President under subsection 49(1) if the President is of the opinion that observance of the undertaking will not cause (a) if the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy on the goods; or Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Sections 51.1-52 (b) if the undertaking is given by the government of a country, the price at which the goods, when exported to Canada from that country, will be sold to importers in Canada to increase by more than the estimated amount of subsidy on the goods. 1999, c. 12, s. 30, c. 17, s. 184; 2005, c. 38, s. 134. Termination of undertakings by President 52 (1) Where, at any time after accepting an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation, the President (a) is satisfied that the undertaking or any of the undertakings has been or is being violated, (b) is satisfied that the undertaking or undertakings would not have been accepted if the information available at that time had been available when the undertaking was accepted, or (c) is satisfied that the undertaking or undertakings would not have been accepted if the circumstances prevailing at that time had prevailed when the undertaking was accepted, the President shall forthwith (d) terminate the undertaking or undertakings, (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing, and (f) where the investigation has been suspended under subparagraph 50(a)(iii), cause it to be resumed. Termination where no dumping, etc. (1.1) Where, at any time after the President accepts an undertaking or undertakings with respect to any dumped or subsidized goods that were the subject of an investigation, (a) there has been a determination under subsection 41(1) or section 41.1 that (i) there has been no dumping or subsidizing of the goods, or (ii) the margin of dumping of, or the amount of subsidy on, the goods is insignificant, (iii) [Repealed, 1999, c. 12, s. 31] Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Section 52 (b) an order or finding has been made under subsection 43(1) that there has been no injury, retardation or threat of injury as a result of the dumping or subsidizing of the goods, or (c) the Tribunal has, under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2), rescinded an order or finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1), the President shall forthwith (d) terminate the undertaking or undertakings in respect of those goods, and (e) cause notice of the termination of the undertaking or undertakings to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal in writing. Termination if conditions no longer exist (1.2) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury, and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall terminate the undertaking or undertakings if, at any time after accepting the undertaking or undertakings, the President is satisfied that, notwithstanding the termination of the undertaking or undertakings, the condition in paragraph 49(1)(a) or (b), as the case may be, would no longer exist. Effect of termination of undertaking (1.3) A termination of an undertaking under subsection (1.2) terminates all proceedings under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, unless, in any case where the President has accepted two or more undertakings, the President, for good reason, otherwise directs. Where no action to be taken (2) Where, in any investigation respecting the dumping or subsidizing of goods, a number of undertakings are accepted by the President under section 49 and any one or more of those undertakings have been or are being violated, the President shall not, unless he sees good reason to the contrary, take any action under subsection (1) if Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Sections 52-53 the undertakings that have not been and are not being violated account for substantially all the imports into Canada of the goods. R.S., 1985, c. S-15, s. 52; 1994, c. 47, s. 174; 1999, c. 12, ss. 31, 52(E), c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443; 2017, c. 20, s. 83. Review and renewal of undertaking by President 53 (1) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the President shall review the undertaking before the expiry of five years after the date on which it was accepted and before the expiry of each subsequent period, if any, for which it is renewed under this section and if, on the review, the President is satisfied (a) that the undertaking continues to serve the purpose for which it was intended, and (b) that the President is not required to terminate it under section 52, the President shall renew the undertaking for a further period of not more than five years. Expiry of undertaking (2) An undertaking expires immediately after the President decides under subsection (1) not to renew it. Expiration terminates all proceedings (3) Where an undertaking expires by reason of subsection (2), the expiration terminates all proceedings under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, unless, in any case where the President has accepted two or more undertakings, the President, for good reason, otherwise directs. Notice (4) Where an undertaking is renewed or not renewed pursuant to subsection (1), the President shall cause notice of the decision to renew or not to renew, as the case may be, to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal. R.S., 1985, c. S-15, s. 53; 1988, c. 65, s. 35; 1994, c. 47, ss. 175, 186; 1999, c. 12, s. 32, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2014, c. 20, s. 443. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Undertakings Sections 53.1-54 Action on decision referred back by Court 53.1 (1) Where a decision under subsection 53(1) to renew or not to renew an undertaking is set aside and the matter referred back to the President on an application under section 96.1, (a) the President shall (i) reconsider the matter and make a new decision, and (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal; and (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order referring the matter back is made and continues in effect until action is taken pursuant to subparagraph (a)(i). Action on decision referred back by panel (2) Where a decision under subsection 53(1) to renew or not to renew an undertaking is referred back to the President under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), (a) the President shall (i) reconsider the decision and confirm, rescind or vary it, and (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order is made and continues in effect until action is taken pursuant to subparagraph (a)(i). 1988, c. 65, s. 36; 1993, c. 44, s. 211; 1994, c. 47, s. 186; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 435, 443. Amendment of undertaking 54 Subject to subsections 53(1) and (2), an undertaking may be amended at any time in accordance with its terms. 1984, c. 25, s. 54. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Determinations by Designated Officer Sections 55-55.1 Determinations by Designated Officer Determination by designated officer 55 (1) Where the President (a) has made a final determination of dumping or subsidizing under subsection 41(1) with respect to any goods, and (b) has, where applicable, received from the Tribunal an order or finding described in any of sections 4 to 6 with respect to the goods to which the final determination applies, the President shall cause a designated officer to determine, not later than six months after the date of the order or finding, (c) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order or finding, (d) the normal value and export price of or the amount of subsidy on the goods so released, and (e) where section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods. Application (2) Subsection (1) applies only in respect of (a) goods released on or after the day on which a preliminary determination has been made, and on or before the day on which an undertaking has been accepted, in respect of the goods; (b) goods described in paragraph 5(b) or 6(b); (c) goods that are released on or after the day on which an undertaking with respect to those goods has been terminated pursuant to section 52 and on or before the day on which the Tribunal makes an order or finding pursuant to subsection 43(1) with respect to the goods; and (d) goods described in paragraph 4(1)(b) or (2)(c). R.S., 1985, c. S-15, s. 55; R.S., 1985, c. 1 (2nd Supp.), s. 202; 1994, c. 47, ss. 176, 185; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Determination of circumvention 55.1 (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Determinations by Designated Officer Sections 55.1-56 (a) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order; (b) the normal value and export price of or the amount of subsidy on the goods; and (c) if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods. Application (2) Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.3 in respect of the goods. Re-determination (3) A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b). 2017, c. 20, s. 84. Re-determinations and Appeals Re-determination by Designated Officer or President Determination final 56 (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer (a) as to whether the imported goods are goods of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies, (b) of the normal value of or the amount, if any, of the subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal or the order of the Governor in Council applies, and (c) of the export price of or the amount, if any, of the export subsidy on any imported goods that are of the same description as goods to which the order or finding of the Tribunal applies, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Section 56 made within thirty days after they were accounted for under subsection 32(1), (3) or (5) of the Customs Act is final and conclusive. Request for re-determination (1.01) Notwithstanding subsection (1), (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods. Suspension of s. (1.1) (1.02) The operation of subsection (1.1) is suspended during the period in which subsection (1.01) is in force. Request for re-determination (1.1) Notwithstanding subsection (1), (a) where a determination referred to in that subsection is made in respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination referred to in that subsection is made in respect of goods of the United States, the United States government or the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods. Determination deemed to have been made (2) Where, in the case of any imported goods referred to in subsection (1), a determination referred to in that subsection that is relevant in the case of those goods is not in fact made in respect of them within the thirty days Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Sections 56-58 referred to in that subsection, that determination shall be deemed to have been made (a) on the thirtieth day after the goods were accounted for; and (b) in accordance with any representations made by the person accounting for the goods at the time of the accounting. R.S., 1985, c. S-15, s. 56; R.S., 1985, c. 1 (2nd Supp.), s. 203; 1988, c. 65, s. 37; 1993, c. 44, s. 212; 1999, c. 17, s. 183; 2005, c. 38, s. 136(F); 2017, c. 20, s. 85; 2020, c. 1, s. 76. Review by designated officer 57 Unless the President has previously re-determined under section 59 a determination referred to in subsection 56(1) or (2) or the determination was made in respect of goods released after the initiation of an expedited review under subsection 13.2(3) and before a decision was issued under that subsection, a designated officer may re-determine the determination (a) in accordance with a request made under subsection 56(1.01) or (1.1); or (b) if the designated officer deems it advisable, within two years after the determination. R.S., 1985, c. S-15, s. 57; R.S., 1985, c. 1 (2nd Supp.), s. 204; 1988, c. 65, s. 38; 1993, c. 44, s. 213; 1999, c. 12, s. 33, c. 17, ss. 183, 184; 2005, c. 38, s. 134. Determination or re-determination final 58 (1) A determination or re-determination by a designated officer under section 55 or 57 with respect to any imported goods is final and conclusive. Request for re-determination (1.1) Notwithstanding subsection (1), (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Sections 58-59 Suspension of s. (2) (1.2) The operation of subsection (2) is suspended during the period in which subsection (1.1) is in force. Request for re-determination (2) Notwithstanding subsection (1), (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-determination referred to in that subsection is made in respect of goods of the United States, the United States government or the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods. R.S., 1985, c. S-15, s. 58; R.S., 1985, c. 1 (2nd Supp.), s. 205; 1988, c. 65, s. 39; 1993, c. 44, s. 214; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2020, c. 1, s. 77. Permissive re-determination 59 (1) Subject to subsection (3), the President may redetermine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods (a) in accordance with a request made pursuant to subsection 58(1.1) or (2); (b) at any time, if the importer or exporter has made any misrepresentation or committed a fraud in accounting for the goods under subsection 32(1), (3) or (5) of the Customs Act or in obtaining release of the goods; (c) at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes applicable in respect of the goods; (d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and (e) in any case where the President deems it advisable, within two years after the determination referred to in section 55 or subsection 56(1), as the case may Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Section 59 be, if the President has not previously made a re-determination with respect to the goods pursuant to any of paragraphs (a) to (d) or subsection (2) or (3). Re-determination of re-determination (1.1) The President may re-determine any re-determination (a) at any time after a re-determination was made under any of paragraphs (1)(a) to (c) and (e) but before an appeal under section 61 is heard, on the recommendation of the Attorney General of Canada, if the re-determination would reduce duties payable on the goods; and (b) at any time if the re-determination would be consistent with a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, or with a re-determination under paragraph (a), made in respect of other like goods of the same importer or owner imported on or before the date of importation of the goods in respect of which the re-determination is being made. Permissive re-determination (2) The President may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods. Mandatory re-determination (3) On a request made under subsection 58(1.1) or (2) to re-determine a determination under section 55 or a redetermination under section 57, the President shall (a) in the case of a determination under section 55 or a re-determination under paragraph 57(b), re-determine the determination or re-determination within one year after the request under subsection 58(1.1) or (2) was made; and (b) in the case of a re-determination under paragraph 57(a), re-determine the re-determination within one year after the request under subsection 56(1.01) or (1.1) was made. Notice of re-determination (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Sections 59-60 Presumption (3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed. Suspension of ss. (4) and (5) (3.3) The operation of subsections (4) and (5) is suspended during the period in which subsections (3.1) and (3.2) are in force. Notice of re-determination (4) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of the United States, to the United States government, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part II, to the Canadian Secretary. Presumption (5) A notice sent to the United States government pursuant to subsection (4) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed. R.S., 1985, c. S-15, s. 59; R.S., 1985, c. 1 (2nd Supp.), s. 206, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 40; 1993, c. 44, s. 215; 1999, c. 12, s. 34, c. 17, ss. 183, 184; 2002, c. 8, s. 171; 2005, c. 38, s. 134; 2020, c. 1, s. 78. Effect of re-determination 60 (1) Where, in accordance with section 57 or 59, a redetermination as to whether any goods are goods described in paragraph 56(1)(a) or a re-determination of the normal value or export price of or the amount of subsidy or export subsidy on the goods has been made, (a) the importer shall pay any additional duty payable with respect to the goods, or (b) the whole or a part of any duty, or duty and interest paid (other than interest that was paid because duties were not paid when required by subsection 32(5) or section 33 of the Customs Act), in excess of the duties owing in respect of the goods shall be returned to the importer forthwith, if on the re-determination it is determined that the additional duty is payable or that the whole or the part of the duty paid was not payable, as the case may be. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Re-determination by Designated Officer or President Sections 60-61 Decision of President (2) Notwithstanding subsection 25(2), any duties imposed, by virtue of this Act, on goods sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)(c)(i) or (d)(v), as the case may be, where, in any re-determination referred to in subsection (1), the President is of the opinion that (a) the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of (i) the price at which the seller acquired the goods, and (ii) the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and (b) the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii). R.S., 1985, c. S-15, s. 60; 1994, c. 47, ss. 177, 185; 1999, c. 17, s. 183; 2001, c. 25, s. 96; 2005, c. 38, s. 134. Notice to be given 60.1 (1) If a determination or a re-determination has been made under section 55, subsection 56(1) or section 57 or 59, notice of the determination or re-determination shall be given without delay to the importer in Canada. Notice — section 59 re-determination (2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner. 2001, c. 25, s. 97; 2017, c. 20, s. 86. Appeal to Canadian International Trade Tribunal Appeal to Tribunal 61 (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Appeal to Canadian International Trade Tribunal Sections 61-62 Appeal — scope ruling (1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made. Publication of notice of appeal (2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal. Order or finding of the Tribunal (3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62. R.S., 1985, c. S-15, s. 61; R.S., 1985, c. 47 (4th Supp.), s. 52; 1993, c. 44, s. 216; 1999, c. 12, s. 35, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 436, 443; 2017, c. 20, s. 87. Appeal to Federal Court Appeal to Federal Court on question of law 62 (1) Any of the parties to an appeal under section 61, namely, (a) the person who appealed, (b) the President, or (c) any person who entered an appearance in accordance with subsection 61(2), may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law. Disposition of appeal (2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Re-determinations and Appeals Appeal to Federal Court Sections 62-63 (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or (b) refer the matter back to the Tribunal for re-hearing. R.S., 1985, c. S-15, s. 62; R.S., 1985, c. 47 (4th Supp.), s. 52; 1990, c. 8, s. 72; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2017, c. 20, s. 88. 62.1 [Repealed, 2001, c. 25, s. 98] Scope Ruling Application 63 (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods. Application review period (2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated. Extension of review period (3) The President may extend the period set out in subsection (2) to 45 days. Prescribed criteria (4) The President shall reject the application if any criteria prescribing the rejection of an application apply. Prescribed circumstances (5) The President may reject an application in the prescribed circumstances. Notice (6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection. Incomplete application (7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application. Initiation of scope proceeding (8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application. R.S., 1985, c. S-15, s. 63; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Scope Ruling Sections 64-66 President’s initiative 64 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative. R.S., 1985, c. S-15, s. 64; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Notice of scope proceeding 65 If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers. R.S., 1985, c. S-15, s. 65; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Scope ruling 66 (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a scope ruling and provide reasons for it. Extension (2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days. Termination (3) At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances. Scope ruling — effective date (4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate. Notice (5) The President shall give written notice to the government of the country of export and the applicant, if any, of: (a) an extension given under subsection (2); (b) the making of a scope ruling under subsection (1); and (c) the termination of a scope proceeding under subsection (3). Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Scope Ruling Sections 66-69 Factors for ruling (6) In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant. Ruling final (7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.1). R.S., 1985, c. S-15, s. 66; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Review of ruling 67 (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66(1) to which that Tribunal or Court decision relates. Review — prescribed circumstances (2) The President may review a scope ruling made under subsection 66(1) under prescribed circumstances. Confirmation, amendment or revocation (3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2). Written notice (4) The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2). R.S., 1985, c. S-15, s. 67; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Application of scope ruling 68 A scope ruling applies to (a) any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)(a) and (e); and (b) any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii) applies to goods. R.S., 1985, c. S-15, s. 68; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Binding decision 69 Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date. R.S., 1985, c. S-15, s. 69; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Scope Ruling Sections 69-70 Application — section 55 70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date, (a) the importer of the goods (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and (ii) has paid all duties owing on the goods; or (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods. Application — section 56 (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date, (a) the importer of the goods (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and (ii) has paid all duties owing on the goods; or (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Scope Ruling Section 70 Application — section 57 or 59 (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date, (a) the importer of the goods (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and (ii) has paid all duties owing on the goods; or (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods. Scope ruling — designated officer (4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination. Scope ruling — President (5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be. Requests under subsection (1) or (3) (6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made. Date of decision (7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Scope Ruling Sections 70-72 Deemed decision — subsection (1), (3) or (5) (8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1). Deemed decision — subsection (2) or (4) (9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57. R.S., 1985, c. S-15, s. 70; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89; 2020, c. 1, s. 79. Anti-circumvention Investigations Definition of circumvention 71 For the purposes of sections 72 to 75.6, circumvention means a situation in which all of the following exist: (a) a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be; (b) a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and (c) the principal cause of the change in trade pattern is the imposition of anti-dumping or countervailing duties. R.S., 1985, c. S-15, s. 71; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Initiation of investigation 72 (1) The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence that circumvention is occurring. Investigation — exporter or country (2) An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 72-74 Complaint — required information (3) A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information. R.S., 1985, c. S-15, s. 72; R.S., 1985, c. 1 (2nd Supp.), s. 208, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Notice of investigation 73 (1) If the President causes an anti-circumvention investigation to be initiated, he or she shall (a) cause notice of the investigation to be (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and (ii) published in the Canada Gazette; and (b) publish the reasons for initiating the investigation in the prescribed manner. President decides not to initiate investigation (2) If, after receipt of a complaint referred to in subsection 72(1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant. R.S., 1985, c. S-15, s. 73; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Statement of essential facts 74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72(1) that includes (a) the President’s preliminary assessment of whether the evidence discloses a reasonable indication of circumvention; and (b) a summary of the facts the President relied on in making that preliminary assessment. Comments (2) Before making a decision under subsection 75.1(1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 74-75.1 Publication of statement (3) The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any. R.S., 1985, c. S-15, s. 74; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Termination 75 (1) Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies. Factors (2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6). Notice of termination (3) If an investigation is terminated under subsection (1), the President shall (a) give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; (b) publish notice of the termination in the Canada Gazette; and (c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies. Scope ruling (4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1). R.S., 1985, c. S-15, s. 75; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89. Decision — circumvention 75.1 (1) Subject to subsection 75(1), within 180 days after initiating an investigation under subsection 72(1), the President shall make a decision and shall (a) cause written notice of the decision to be Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 75.1-75.2 (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and (ii) published in the Canada Gazette; (b) publish the reasons for the decision in the prescribed manner; and (c) in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal. Circumvention (2) In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention. Details of decision (3) A decision setting out a finding of circumvention must specify (a) the goods to which it applies; and (b) the exporters and the exporting countries to which it applies. Terms and conditions (4) A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate. 2017, c. 20, s. 89. Extension of time period 75.2 (1) The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.1(1), extend the period set out in that subsection to 240 days, in prescribed circumstances. Notice of extension (2) The President shall cause written notice of any extension to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and (b) published in the Canada Gazette. 2017, c. 20, s. 89. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 75.3-75.4 Tribunal 75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.1(1)(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision. 2017, c. 20, s. 89. Interim review 75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of (a) a decision made under subsection 75.1(1) that sets out a finding of circumvention; or (b) any aspect of a decision referred to in paragraph (a). Included decisions (2) For the purposes of subsection (1), a decision made under subsection 75.1(1) is deemed to include any decision relating to it that is made under subsection (6) or 75.6(5) prior to the initiation of a review under subsection (1). Limitation (3) The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted. Decision if interim review not initiated (4) If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government. Initiation of interim review (5) If the President decides to conduct an interim review the President shall cause written notice of the decision to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and (b) published in the Canada Gazette. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 75.4-75.5 Decision (6) On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision. Notice (7) On completion of an interim review, the President shall (a) cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any; (b) cause the notice to be published in the Canada Gazette; (c) publish the reasons for that decision in the prescribed manner; and (d) if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal. Tribunal (8) Without delay after a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision. 2017, c. 20, s. 89. Review of decision 75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5) to which that Court decision relates. Confirmation, amendment or revocation (2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.1, to be a decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5), as the case may be. 2017, c. 20, s. 89. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Section 75.6 Request for exemption 75.6 (1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter (a) establishes that they are not associated with any exporter who was given notice of the circumvention investigation; and (b) has not been (i) given notice of the initiation of that investigation, or (ii) requested to provide information during the course of that investigation. Form of request (2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information. Review — circumvention (3) If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties. Notice (4) If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers. Decision (5) Upon completion of the review, the President shall make a determination that the goods from the exporter are (a) subject to the extension of duties if the President is satisfied that circumvention is occurring; or (b) exempt from the extension of duties if the President is satisfied that no circumvention is occurring. Notice (6) Upon completion of the review, the President shall Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Sections 75.6-75.7 (a) cause notice of the determination to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person requesting the review; and (b) if the President makes a determination under paragraph (5)(b), cause to be filed with the Tribunal: (i) written notice of the determination, stating the reasons for the determination, and (ii) any other material that may be required under the rules of the Tribunal. Amendment — order or finding (7) Without delay after receipt of a notice under paragraph (6)(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination. 2017, c. 20, s. 89. Termination of investigation or review 75.7 (1) The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review. Notice of termination (2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and (b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.4(1). 2017, c. 20, s. 89. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Sections 76-76.01 Review of Orders and Findings Judicial Review Application for judicial review 76 Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act. R.S., 1985, c. S-15, s. 76; R.S., 1985, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 41; 1993, c. 44, s. 217; 1999, c. 12, s. 36, c. 17, s. 183; 2002, c. 8, s. 182. Review of Orders and Findings by Tribunal Interim review of orders by Tribunal 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of (a) the order or finding; or (b) any aspect of the order or finding. Exclusion (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the President who shall make a decision relating to that portion of the request under section 75.4. Tribunal may re-hear any matter (2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it. Limitation (3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted. Order if interim review not initiated (4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Sections 76.01-76.02 and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette. Orders on completion of interim review (5) The Tribunal, on completion of an interim review (a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and (b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order. Completion of review (6) On completion of an interim review, the Tribunal shall (a) forward to the President and any other persons and governments that are specified by the rules of the Tribunal, (i) without delay after the review is completed, a copy of the order, and (ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and (b) cause notice of the order to be published in the Canada Gazette. Expiry of order (7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires (a) if an expiry review is not initiated under subsection 76.03(3), five years after the day on which the order or finding that was the subject of the interim review was made; and (b) if an expiry review is initiated under subsection 76.03(3), the day on which the Tribunal makes an order under subsection 76.03(12). 1999, c. 12, s. 36, c. 17, s. 184; 2005, c. 38, s. 134; 2014, c. 20, s. 437; 2017, c. 20, s. 90. Review on Referral Back Review of orders by Tribunal on referral back and rehearing 76.02 (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Section 76.02 an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it. Limitation (2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted. Review of orders by Tribunal on referral back and rehearing (3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it. Completion of review (4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies. Notice (5) On completion of a review, the Tribunal shall (a) forward to the President and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary, (i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and (ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and (b) cause notice of the order or finding to be published in the Canada Gazette. 1999, c. 12, s. 36, c. 17, s. 184; 2005, c. 38, s. 134; 2014, c. 20, s. 438. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Section 76.03 Expiry Review Order or finding deemed to be rescinded 76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years: (a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and (b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made. Publication of notice (2) If an order or finding is to be deemed rescinded under subsection (1), the Tribunal shall, not later than two months before the expiry date of the order or finding under that subsection, cause to be published in the Canada Gazette a notice of expiry setting out the information specified in the rules of the Tribunal. Review of orders by Tribunal (3) The Tribunal may initiate an expiry review of an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 (a) on its own initiative; or (b) at the request of the Minister of Finance, the President or any other person or of any government, if the request is made within the period specified in the notice of expiry. Limitation (4) The Tribunal shall not initiate an expiry review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted. Order of refusal (5) If the Tribunal decides not to initiate an expiry review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Section 76.03 Notice (6) If the Tribunal decides to initiate an expiry review, it shall without delay (a) cause notice of the Tribunal’s decision to be given to (i) the President, and (ii) all other persons and governments specified in the rules of the Tribunal; (b) provide the President with a copy of the administrative record on which it based its decision to initiate a review under subsection (3); and (c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal. If review initiated (7) If the Tribunal decides to initiate an expiry review, the President shall (a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and (b) provide the Tribunal with notice of the determination without delay after making it. Consequences of President’s determination (8) If the President determines that the expiry of the order or finding in respect of any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing under subsection (11). Consequences of President’s determination (9) If the President determines that the expiry of the order or finding in respect of any goods is likely to result in a continuation or resumption of dumping or subsidizing, the President shall without delay provide the Tribunal with any information and material with respect to the matter that is required under the rules of the Tribunal. Tribunal’s determination (10) If the President makes a determination described in subsection (9), the Tribunal shall, within 160 days after the day on which that determination was received, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Section 76.03 determine whether the expiry of the order or finding in respect of the goods referred to in that subsection is likely to result in injury or retardation. Assessment of cumulative effect (11) For the purpose of subsection (10), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the determination of the President described in subsection (9) applies that are imported into Canada from more than one country if the Tribunal is satisfied that an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the order or finding applies that are imported into Canada from any of those countries and (a) goods to which the order or finding applies that are imported into Canada from any other of those countries; or (b) like goods of domestic producers. Order of Tribunal (12) The Tribunal shall make an order (a) rescinding the order or finding in respect of goods (i) referred to in subsection (8), or (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation; or (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation. Review period (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered: (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which notice is published under subsection (2) and before the day on which the order of the Tribunal is made under subsection (12); and (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Sections 76.03-76.1 Expiry of anti-circumvention order (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires (a) if an expiry review is not initiated under subsection (3), five years after the day on which the order or finding that was the subject of the anti-circumvention investigation or interim review was made; and (b) if an expiry review of the order or finding that was the subject of the anti-circumvention investigation or interim review is initiated under subsection (3), the day on which the Tribunal makes an order under subsection (12). 1999, c. 12, s. 36, c. 17, s. 184; 2005, c. 38, s. 134; 2014, c. 20, ss. 439, 443; 2016, c. 7, s. 199; 2017, c. 20, s. 91. Separate order or finding 76.04 (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country. Suspension of subsection (3) (2) The operation of subsection (3) is suspended during the period in which subsection (1) is in force. Separate order or finding (3) If a review under section 76.01, 76.02 or 76.03 involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of the United States. 1999, c. 12, s. 36; 2020, c. 1, s. 80. Request by Minister of Finance for review 76.1 (1) Where at any time after the issuance, by the Dispute Settlement Body established pursuant to Article 2 of Annex 2 to the WTO Agreement, of a recommendation or ruling, the Minister of Finance considers it necessary to do so, having regard to the recommendation or ruling, the Minister of Finance may request that (a) the President review any decision, determination or re-determination or any portion of a decision, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Section 76.1 determination or re-determination made under this Act; or (b) the Tribunal review any order or finding described in any of sections 3 to 6, or any portion of such an order or finding and, in making the review, the Tribunal may re-hear any matter before deciding it. Result of review (2) On completion of a review under subsection (1), the President or the Tribunal, as the case may be, shall (a) continue the decision, determination, re-determination, order or finding without amendment; (b) continue the decision, determination, re-determination, order or finding with any amendments that the President or the Tribunal, as the case may be, considers necessary; or (c) rescind the decision, determination, re-determination, order or finding and make any other decision, determination, re-determination, order or finding that the President or the Tribunal, as the case may be, considers necessary. Reasons (3) If a decision, determination, re-determination, order or finding is continued under paragraph (2)(a) or (b) or made under paragraph (2)(c), the President or the Tribunal, as the case may be, shall give reasons for doing so and shall set out to what goods, including, if practicable, the name of the supplier and the country of export, the decision, determination, re-determination, order or finding applies. Notification of Minister of Finance (4) The President or the Tribunal, as the case may be, shall notify the Minister of Finance of any decision, determination, re-determination, order or finding continued under paragraph (2)(a) or (b) or made under paragraph (2)(c). Deeming (5) Any decision, determination or re-determination continued by the President under paragraph (2)(b) or made by the President under paragraph (2)(c) is deemed to have been made under (a) paragraph 41(1)(a), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that paragraph to cause an investigation to be terminated; Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I Special Import Measures Anti-circumvention Investigations Review of Orders and Findings Sections 76.1-77.01 (b) paragraph 41(1)(b), if the decision or determination was continued or made as a result of a review under this section of a final determination of the President under that paragraph; (c) subsection 53(1), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that subsection to renew or not to renew an undertaking; or (d) subsection 59(1), (1.1) or (2), if the re-determination was continued or made as a result of a review under this section of a re-determination by the President under either of those subsections. 1994, c. 47, s. 179; 1999, c. 12, s. 37, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2017, c. 20, s. 92. Rescission of Orders and Findings Goods of Chile 77 If the Tribunal has made an order or finding resulting in the levying of anti-dumping duties in respect of goods of Chile that are subsequently exempted from the application of this Act by regulations made under section 14, the Tribunal shall rescind the order or finding to the extent that it relates to the dumping of those goods. R.S., 1985, c. S-15, s. 77; R.S., 1985, c. 47 (4th Supp.), s. 52; 1997, c. 14, s. 92. PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Interpretation Definitions 77.01 (1) In this Part, appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente) committee means an extraordinary challenge committee appointed pursuant to section 77.018; (comité) CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national) Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Interpretation Section 77.01 definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods: (a) a decision of the President under paragraph 41(1)(a), (b) a final determination of the President under paragraph 41(1)(b), (c) an order or finding of the Tribunal under subsection 43(1), (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking, (e) a re-determination of the President under subsection 59(1), (f) a re-determination of the President under subsection 59(3), (f.1) a re-determination of the President under subsection 59(1.1), (g) an order of the Tribunal under subsection 76.01(4) or 76.03(5), (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12), (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1), (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or (j) an order or finding of the Tribunal under subsection 91(3). (décisions finales) Minister means the Minister for International Trade; (ministre) NAFTA country Secretary [Repealed, 2020, c. 1, s. 82] panel means a panel appointed pursuant to section 77.013; (groupe spécial) rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles) Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Interpretation Sections 77.01-77.011 special committee means a special committee appointed pursuant to subsection 77.023(2). (comité spécial) Inconsistency (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency. 1993, c. 44, s. 218; 1994, c. 47, s. 180; 1999, c. 12, s. 38, c. 17, ss. 183, 184; 2002, c. 8, ss. 172, 182; 2005, c. 38, s. 134; 2017, c. 20, s. 93; 2020, c. 1, s. 82. Request for Review Request for review of definitive decision 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel. Idem (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel. Deeming (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement. Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country. Grounds for request (5) A request under subsection (1) or (2) for the review of a definitive decision may be made only on a ground set forth in subsection 18.1(4) of the Federal Courts Act. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Request for Review Sections 77.011-77.012 Notification of request for review (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary. No application or appeal (7) Where a request is made under subsection (1) or (2) for the review of a definitive decision by a panel, no person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E); 2020, c. 1, s. 83. Applications and appeals 77.012 (1) No person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision (a) before the expiry of the period of thirty days after (i) the day on which the definitive decision is published in the Canada Gazette, or (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal. Limitation period extended (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences. 1993, c. 44, s. 218; 1999, c. 12, s. 39, c. 17, s. 184; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E); 2020, c. 1, s. 84. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Establishment of Panels Sections 77.013-77.015 Establishment of Panels Appointment of panel 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. Judges may be appointed (2) Judges of any superior court in Canada and persons who are retired judges of any superior court in Canada are eligible to be appointed to a panel. Single panel (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2005, c. 38, s. 135(E); 2017, c. 20, s. 94; 2020, c. 1, s. 85. Administrative record forwarded 77.014 On the appointment of the members of a panel to review a definitive decision, the appropriate authority shall cause a copy of the administrative record to be forwarded in accordance with the rules. 1993, c. 44, s. 218. Review by Panel Conduct of review 77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules. Powers of panel (2) A panel has such powers, rights and privileges as are conferred on it by the regulations. Disposition after review (3) On completion of the review of a definitive decision, a panel shall determine whether the grounds on which the review was requested have been established and shall make an order confirming the decision or referring the Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Panel Sections 77.015-77.017 matter back to the appropriate authority for reconsideration within the period specified by the panel. Review of action of appropriate authority (4) A panel may, on its own initiative or on a request made in accordance with the rules, review the action taken by the appropriate authority pursuant to an order under subsection (3) and make a further order as described in that subsection within ninety days after the day on which the Canadian Secretary receives notice of the action. Decision (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette. 1993, c. 44, s. 218; 2020, c. 1, s. 86. Action on Decision of Panel Action by appropriate authority 77.016 (1) Where a panel makes an order under subsection 77.015(3) or (4) or takes any action under subsection 77.019(5) referring a matter back to the appropriate authority for reconsideration, the appropriate authority shall, within the period specified by the panel, take action under this Act not inconsistent with the decision of the panel. Appropriate authority not required to act twice (2) Notwithstanding any other provision of this Act, an appropriate authority is not required to act on an order under subsection 77.015(4), unless it requires the authority to take action that is different from that taken by the authority under the order under subsection 77.015(3). 1993, c. 44, s. 218. Extraordinary Challenge Proceeding Request for extraordinary challenge proceeding 77.017 (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Extraordinary Challenge Proceeding Sections 77.017-77.019 challenge proceeding be commenced with respect to the order. Ground for request (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement. Notification of request for extraordinary challenge proceeding (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. 1993, c. 44, s. 218; 2020, c. 1, s. 87. Appointment of extraordinary challenge committee 77.018 On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218; 2020, c. 1, s. 87. Conduct of extraordinary challenge proceeding 77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules. Powers of committee (2) A committee has such powers, rights and privileges as are conferred on it by the regulations. Where no grounds (3) Where a committee conducting an extraordinary challenge proceeding determines that the grounds in the request for the proceeding are not established, the committee shall deny the request, and the decision of the panel in respect of which the request was made shall stand affirmed. New panel (4) Where an order of a panel is set aside by a committee, a new panel shall, in accordance with this Part, be appointed and conduct a review of the definitive decision that was the subject of that order. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Extraordinary Challenge Proceeding Sections 77.019-77.02 Action by panel (5) Where an order of a panel is referred back to the panel by a committee, the panel shall take action not inconsistent with the decision of the committee. Decision (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette. 1993, c. 44, s. 218; 2020, c. 1, s. 88. Orders and decisions final 77.02 (1) Subject to subsection 77.015(4) and section 77.019, an order or decision of a panel or committee is final and binding and is not subject to appeal. No review (2) Subject to subsection 77.015(4) and section 77.019, no order, decision or proceeding of a panel or committee made or carried on under, or purporting to be made or carried on under, this Act shall be (a) questioned, reviewed, set aside, removed, prohibited or restrained, or (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in the nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or committee for any reason exceeded or lost jurisdiction. No references (3) Subsection 18.3(1) of the Federal Courts Act does not apply to a panel, committee or special committee. 1993, c. 44, s. 218; 2002, c. 8, s. 182. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Members Sections 77.021-77.023 Members Code of conduct 77.021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement. Disclosure undertaking respecting confidential information (2) Every member of a panel and every prescribed person shall sign and comply with a disclosure undertaking, in the prescribed form, respecting the disclosure and use of confidential, personal, business proprietary and other privileged or prescribed information made available to the member or person in proceedings under this Part. Immunity (3) Subject to section 77.034, no action or other proceeding lies or shall be commenced against a member of a panel for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, under this Part. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2005, c. 38, s. 136(F); 2020, c. 1, s. 89. Remuneration and expenses of panel members 77.022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218; 2020, c. 1, s. 90. Review by Special Committee Request for review 77.023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement. Appointment of special committee (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Special Committee Sections 77.023-77.026 Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218; 2020, c. 1, s. 91. Stay of panel reviews and committee proceedings 77.024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. Exception (2) Subsection (1) does not apply in respect of a panel review or committee proceeding that was requested more than one hundred and fifty days prior to the affirmative finding by the special committee. 1993, c. 44, s. 218; 2020, c. 1, s. 92. Stay on request 77.025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. 1993, c. 44, s. 218; 2020, c. 1, s. 93. When stay becomes effective 77.026 Where the Minister stays panel reviews and committee proceedings, the stay shall become effective (a) where the stay is made under section 77.024, on the day following the date on which the special committee made the affirmative finding; and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Special Committee Sections 77.026-77.028 (b) where the stay is made under section 77.025, on the day following the date on which the request for the stay was made. 1993, c. 44, s. 218. Suspension of time periods 77.027 Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.033: (a) the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that CUSMA country. 1993, c. 44, s. 218; 2002, c. 8, s. 182; 2020, c. 1, s. 94. Suspension of panel process 77.028 (1) The Minister may suspend the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement; and (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada. Notice of suspension (2) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette. 1993, c. 44, s. 218; 2020, c. 1, s. 94. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Special Committee Section 77.029 Suspension of benefits 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances. Powers (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things: (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 Canada–United States–Mexico Agreement or an Act of Parliament; (b) modify or suspend the application of any federal law 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) generally take such action as the Governor in Council considers necessary for that purpose. Period of order (3) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order. Definitions (4) In this section, federal law means the whole or any portion of any Act of Parliament or regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. Order not a statutory instrument (5) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Special Committee Sections 77.029-77.031 Action consistent with determination (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination. 1993, c. 44, s. 218; 2020, c. 1, s. 95. Only one section applies 77.03 Where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is suspended under section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.13 of that Agreement may not be suspended under section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.13 of that Agreement are suspended under section 77.029 in respect of a CUSMA country, the operation of Article 10.12 of that Agreement may not be suspended under section 77.028 in respect of that CUSMA country. 1993, c. 44, s. 218; 2020, c. 1, s. 96. Referral to Federal Court of Appeal 77.031 (1) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) and (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act. Idem (2) Where the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Review by Special Committee Sections 77.031-77.033 (a) where any panel review is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act. Idem (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032. 1993, c. 44, s. 218; 2002, c. 8, s. 182; 2020, c. 1, s. 96. Termination of suspension 77.032 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected. 1993, c. 44, s. 218; 2020, c. 1, s. 96. Resumption 77.033 All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume (a) where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or (b) where benefits are suspended under section 77.029. 1993, c. 44, s. 218; 2020, c. 1, s. 96. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Offence Sections 77.034-77.035 Offence Offence 77.034 (1) Every person commits an offence who contravenes or fails to comply with (a) a disclosure 77.021(2); undertaking under subsection (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged or prescribed information; or (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars. Consent (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada. 1993, c. 44, s. 218; 2020, c. 1, s. 97. Regulations Regulations 77.035 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record; (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART I.1 Dispute Settlement Respecting Goods of a CUSMA Country Regulations Sections 77.035-77.038 Majesty to perform duties or functions of the Minister under this Part; (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and (d) generally for carrying out the purposes and provisions of this Part. 1993, c. 44, s. 218; 2020, c. 1, s. 98. Publication in Canada Gazette 77.036 The rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette. 1993, c. 44, s. 218; 2020, c. 1, s. 99. Application of Acts Application 77.037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country: (a) a provision of an Act to amend this Act; (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review. 1993, c. 44, s. 218; 2020, c. 1, s. 100. Suspension of Part II 77.038 The operation of Part II is suspended during the period in which this Part is in force. 1993, c. 44, s. 218. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Section 77.1 PART II Dispute Settlement Respecting Goods of the United States Interpretation Definitions 77.1 (1) In this Part, American Secretary means the secretary of the United States section of the Secretariat provided for by Article 1909 of the Free Trade Agreement; (secrétaire américain) appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente) committee means an extraordinary challenge committee appointed pursuant to section 77.18; (comité) definitive decision means (a) a decision of the President under paragraph 41(1)(a), (b) a final determination of the President under paragraph 41(1)(b), (c) an order or finding of the Tribunal under subsection 43(1), (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking, (e) a re-determination of the President under subsection 59(1), (f) a re-determination of the President under subsection 59(3), (f.1) a re-determination of the President under subsection 59(1.1), (g) an order of the Tribunal under subsection 76.01(4) or 76.03(5), (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12), Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Interpretation Sections 77.1-77.11 (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1), (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or (j) an order or finding of the Tribunal under subsection 91(3) that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; (décisions finales) Minister means the Minister for International Trade; (ministre) panel means a panel appointed pursuant to section 77.13; (groupe spécial) rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the Free Trade Agreement; (règles) Secretariat means the Canadian Secretariat established by section 77.23. (Secrétariat) Inconsistency (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency. 1988, c. 65, s. 42; 1994, c. 47, s. 181; 1999, c. 12, s. 40, c. 17, ss. 183, 184; 2002, c. 8, ss. 173, 182; 2005, c. 38, s. 134; 2017, c. 20, s. 95. Request for Review Request for review of definitive decision 77.11 (1) The Minister or the United States government may request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that a definitive decision be reviewed by a panel. Idem (2) On a request made to the Canadian Secretary by any person who, but for section 77.12, would be entitled to apply under section 28 of the Federal Courts Act or section 96.1 of this Act or to appeal under section 61 of this Act in respect of a definitive decision, the Minister shall request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that the definitive decision be reviewed by a panel. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Request for Review Sections 77.11-77.12 Limitation period (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), the day on which notice of the re-determination is received by the United States government. Grounds for request (4) A request by the Minister for the review of a definitive decision may be made only on a ground set forth in subsection 28(1) of the Federal Courts Act. Notification of request for review (5) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the American Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the United States government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. No application or appeal (6) Where a request is made by the Minister or the United States government for the review of a definitive decision by a panel, no person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision. 1988, c. 65, s. 42; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E). Applications and appeals 77.12 (1) No person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision (a) before the expiry of the period of thirty days after (i) the day on which the definitive decision is published in the Canada Gazette, or (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the United States; and (b) unless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the American Secretary and in the prescribed Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Request for Review Sections 77.12-77.15 manner to any other person who, but for this section, would be entitled to so apply or appeal. Limitation period extended (2) For the purpose of permitting a government or person to apply under section 28 of the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the Free Trade Agreement for requesting a review of the decision, the ten day limitation period referred to in subsection 28(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by thirty days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences. 1988, c. 65, s. 42; 1999, c. 12, s. 41, c. 17, s. 184; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E). Establishment of Panels Appointment of panel 77.13 (1) On a request under section 77.11 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 1901.2 to Chapter Nineteen of the Free Trade Agreement and any regulations made in connection therewith. Single panel (2) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or in respect of particular goods of the United States and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or in respect of those goods, one panel may, with the consent of the Minister and the United States government, be appointed to review the final determination and the order or finding. 1988, c. 65, s. 42; 1999, c. 17, s. 183; 2005, c. 38, s. 135(E); 2017, c. 20, s. 96. Administrative record forwarded 77.14 On the appointment of the members of a panel to review a definitive decision, the appropriate authority shall cause a copy of the administrative record to be forwarded in accordance with the rules. 1988, c. 65, s. 42; 2014, c. 20, s. 440(F). Review by Panel Conduct of review 77.15 (1) A panel shall conduct a review of a definitive decision in accordance with Chapter Nineteen of the Free Trade Agreement and the rules. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Review by Panel Sections 77.15-77.16 Powers of panel (2) A panel has such powers, rights and privileges as are conferred on it by the regulations. Disposition after review (3) On completion of the review of a definitive decision, a panel shall determine whether the grounds on which the review was requested have been established and shall make an order confirming the decision or referring the matter back to the appropriate authority for reconsideration within the period specified by the panel. Review of action of appropriate authority (4) A panel may, on its own initiative or on a request made in accordance with the rules, review the action taken by the appropriate authority pursuant to an order under subsection (3) and make a further order as described in that subsection within ninety days after the day on which the Canadian Secretary receives notice of the action. Decision (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the United States government, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette. 1988, c. 65, s. 42. Action on Decision of Panel Action by appropriate authority 77.16 (1) Where a panel makes an order under subsection 77.15(3) or (4) referring a matter back to the appropriate authority for reconsideration, the appropriate authority shall, within the period specified by the panel, take action under this Act not inconsistent with the decision of the panel. Appropriate authority not required to act twice (2) Notwithstanding any other provision of this Act, an appropriate authority is not required to act on an order under subsection 77.15(4), unless it requires the authority to take action that is different from that taken by the authority under the order under subsection 77.15(3). 1988, c. 65, s. 42. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Extraordinary Challenge Proceeding Sections 77.17-77.19 Extraordinary Challenge Proceeding Request for extraordinary challenge proceeding 77.17 (1) Within the period after a panel makes an order under subsection 77.15(3) or (4) prescribed by the rules, the Minister or the United States government may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order. Ground for request (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 1904 of the Free Trade Agreement. Notification of request for extraordinary challenge proceeding (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the American Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the United States government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. 1988, c. 65, s. 42. Appointment of extraordinary challenge committee 77.18 On a request under section 77.17 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 1904.13 to Chapter Nineteen of the Free Trade Agreement and any regulations made in connection therewith. 1988, c. 65, s. 42. Conduct of extraordinary challenge proceeding 77.19 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 1904.13 to Chapter Nineteen of the Free Trade Agreement and the rules. Powers of committee (2) A committee has such powers, rights and privileges as are conferred on it by the regulations. New panel (3) Where an order of a panel is set aside by a committee, a new panel shall, in accordance with this Part, be appointed and conduct a review of the definitive decision that was the subject of that order. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Extraordinary Challenge Proceeding Sections 77.19-77.21 Action by panel (4) Where an order of a panel is referred back to the panel by a committee, the panel shall take action not inconsistent with the decision of the committee. Decision (5) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the United States government, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette. 1988, c. 65, s. 42. Orders and decisions final 77.2 (1) Subject to subsection 77.15(4) and section 77.17, an order or decision of a panel or committee is final and binding and is not subject to appeal. No review (2) Subject to subsection 77.15(4) and section 77.17, no order, decision or proceeding of a panel or committee made or carried on under, or purporting to be made or carried on under, this Act shall be (a) questioned, reviewed, set aside, removed, prohibited or restrained, or (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in the nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or committee for any reason exceeded or lost jurisdiction. No references (3) Subsection 28(4) of the Federal Courts Act does not apply to a panel or committee. 1988, c. 65, s. 42; 2002, c. 8, s. 182. Members Code of conduct 77.21 (1) Every member of a panel and every member of a committee shall comply with the code of conduct, as Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Members Sections 77.21-77.24 amended from time to time, established pursuant to Article 1910 of the Free Trade Agreement. Disclosure undertaking respecting confidential information (2) Every member of a panel and every prescribed person shall sign and comply with a disclosure undertaking, in the prescribed form, respecting the disclosure and use of confidential, personal, business proprietary and other privileged information made available to the member or person in proceedings under this Part. Immunity (3) Subject to section 77.26, no action or other proceeding lies or shall be commenced against a member of a panel for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, under this Part. 1988, c. 65, s. 42; 1999, c. 17, s. 183; 2005, c. 38, s. 136(F). Remuneration and expenses of panel members 77.22 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Canada-United States Trade Commission established pursuant to the Free Trade Agreement. 1988, c. 65, s. 42. Secretariat Establishment of Canadian Secretariat 77.23 There is hereby established a secretariat, to be called the Canadian Secretariat, for the purpose of facilitating the implementation of Chapter Nineteen of the Free Trade Agreement and the work of panels and committees. 1988, c. 65, s. 42. Secretary 77.24 (1) There shall be a Secretary of the Secretariat to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office for a term not exceeding five years. Salary and expenses (2) The Canadian Secretary shall be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Secretariat Sections 77.24-77.26 Absence or incapacity of Secretary (3) In the event of the absence or incapacity of the Canadian Secretary or if the office of Canadian Secretary is vacant, the Governor in Council may appoint another person, on such terms and conditions as the Governor in Council deems appropriate, to act as Canadian Secretary and a person so acting shall have all the powers, duties and functions of the Canadian Secretary under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council. Superannuation (4) The provisions of the Public Service Superannuation Act, other than those related to tenure of office, apply to the Canadian Secretary, except that a person appointed as Canadian Secretary from outside the public service may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Canadian Secretary from the date of appointment and the provisions of the Public Service Superannuation Act do not apply. Chief executive officer (5) The Canadian Secretary is the chief executive officer of the Secretariat and has supervision over and direction of the work and staff of the Secretariat. 1988, c. 65, s. 42; 2003, c. 22, s. 225(E). Staff 77.25 Such officers, clerks and employees as are required for the proper conduct of the work of the Secretariat shall be appointed in accordance with the Public Service Employment Act. 1988, c. 65, s. 42. Offence Offence 77.26 (1) Every person commits an offence who contravenes or fails to comply with (a) a disclosure 77.21(2); undertaking under subsection (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged information; or (c) a protective order covering business proprietary and other privileged information made under the Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Offence Sections 77.26-77.28 American law giving effect to the Free Trade Agreement. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars. Consent (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada. 1988, c. 65, s. 42. Regulations Regulations 77.27 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations (a) conferring on a panel or committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record; (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part; (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.2, and paragraph 1 of Annex 1904.13, to Chapter Nineteen of the Free Trade Agreement; and (d) generally for carrying out the purposes and provisions of this Part. 1988, c. 65, s. 42. Publication in Canada Gazette 77.28 The rules, the code of conduct established pursuant to Article 1910 of the Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette. 1988, c. 65, s. 42. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART II Dispute Settlement Respecting Goods of the United States Application of Acts Sections 77.29-78 Application of Acts Application 77.29 No provision (a) of an Act to amend this Act, (b) of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or (c) amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review that comes into force after the coming into force of this section shall be applied in respect of goods of the United States, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of the United States. 1988, c. 65, s. 42. PART III General Provision of Evidence to President President may require evidence to be provided 78 (1) Where, (a) in any proceeding undertaken by the President after notice has been given that the complaint is properly documented but before the initiation of an investigation or in any investigation under this Act respecting the dumping or subsidizing of goods, or (b) in relation to the sale of (i) any goods to an importer in Canada, or (ii) any goods located or in the course of production out of Canada, that are of the same description as goods to which an order or finding of the Tribunal described in section 3, 5 or 6 applies and that will or may be imported into Canada, the President believes on reasonable grounds that any person in Canada is able to provide evidence relevant to any proceedings undertaken by the President before the initiation of an investigation, to the investigation or to the making, for the purpose of facilitating the administration or enforcement of this Act, of an estimate of the duty that will or may be payable on the goods when Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Provision of Evidence to President Section 78 imported into Canada, the President may, by notice in writing, require the person to provide the President, under oath or otherwise, with the evidence referred to in the notice. Notice to provide evidence (2) Where, by notice given pursuant to subsection (1), the President requires any person to provide evidence, he shall (a) include in the notice sufficient information for the person to identify the evidence; (b) specify in the notice the time within which and the manner and form in which the evidence is to be provided; and (c) include with the notice a copy or summary of this section and sections 82 to 85. Evidence or statement to be provided (3) Where a person is required by notice given pursuant to subsection (1) to provide the President with evidence, the person shall (a) if it is reasonably practicable for the person to do so, provide the evidence in accordance with the notice; (b) if it is reasonably practicable for the person to provide a part only of the evidence in accordance with the notice, (i) so provide that part of the evidence, and (ii) provide the President with a written statement under oath identifying the remainder of the evidence and specifying the reason why it is not reasonably practicable for the person to provide the remainder of the evidence in accordance with the notice; and (c) if it is not reasonably practicable for the person to provide the evidence in accordance with the notice, provide the President with a statement under oath so stating and specifying the reason why it is not reasonably practicable to so provide the evidence. No oral evidence (4) Nothing in this section shall be construed as authorizing the President to require any person to provide evidence orally. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Provision of Evidence to President Sections 78-81 Extension of time (5) Where, pursuant to paragraph (2)(b), the President specifies the time within which evidence is to be provided, the President may, either before or after the expiration of that time, extend the time within which the evidence is to be provided. R.S., 1985, c. S-15, s. 78; 1999, c. 12, s. 42, c. 17, ss. 183, 184; 2005, c. 38, ss. 134, 135(E). Designation of evidence as confidential 79 (1) Where a person who provides the President with evidence pursuant to subsection 78(3) wishes some or all of the evidence to be kept confidential, the person shall submit, at the time the evidence is provided, a statement designating as confidential the evidence that he wishes to be kept confidential, together with an explanation of why he designated that evidence as confidential. Summary or statement to be provided (2) Where, pursuant to subsection (1), a person submits to the President a statement designating evidence as confidential, together with the explanation referred to in that subsection, the person shall submit to the President, at the same time, a summary of the evidence designated as confidential in sufficient detail to convey a reasonable understanding of the evidence. R.S., 1985, c. S-15, s. 79; 1999, c. 17, s. 183; 2005, c. 38, s. 135(E). Collection of Duty 80 [Repealed, R.S., 1985, c. 1 (2nd Supp.), s. 209] Recovery of duties from person other than importer 81 (1) Notwithstanding anything in this Act, if any duty payable under this Act in respect of goods has not been paid within thirty days after a demand for payment of the duty has been made under this Act, the President may, by notice in writing, require any person in Canada to whom the goods are sold to pay a sum in respect of the duty not exceeding the amount of the duty payable in respect of the goods sold to that person, which sum is, after the notice has been given, a debt due and payable to Her Majesty by that person and may be recovered at any time by action in any court of competent jurisdiction, together with costs of the action. Recourse under Customs Act (2) Where an amount that is less than the duty payable in respect of goods imported into Canada is recovered from a person pursuant to subsection (1), such recovery is without prejudice to any recourse available to Her Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Collection of Duty Sections 81-84 Majesty under the Customs Act with respect to the remainder of the duty payable. R.S., 1985, c. S-15, s. 81; R.S., 1985, c. 1 (2nd Supp.), s. 210; 1999, c. 12, s. 43, c. 17, s. 184; 2005, c. 38, s. 134. Disclosure of Information Definition of information 82 In sections 83 to 87, information includes evidence. 1984, c. 25, s. 82. Information to be disclosed 83 Where information is provided to the President for the purposes of any proceedings under this Act, every party to the proceedings has, unless the information is information to which subsection 84(1) applies, a right, on request, to examine the information during normal business hours and a right, on payment of the prescribed fee, to be provided with copies of any such information that is in documentary form or that is in any other form in which it may be readily and accurately copied. R.S., 1985, c. S-15, s. 83; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Information to be disclosed 83.1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies. 1993, c. 44, s. 219; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2020, c. 1, s. 101. Information not to be disclosed 84 (1) Where a person (a) designates information as confidential pursuant to paragraph 85(1)(a), or (b) submits to the President, with respect to evidence, in this section referred to as “information”, provided by him pursuant to subsection 78(3), the statement and explanation referred to in subsection 79(1), and that designation or submission, as the case may be, is not withdrawn by the person, no person employed in the federal public administration who comes into possession of that information while he is so employed shall, either before or after he ceases to be so employed, knowingly disclose that 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 Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Disclosure of Information Section 84 business competitor or rival of any person to whose business or affairs the information relates. Disclosure (2) Subsection (1) does not apply in respect of (a) any summary of information or statement referred to in paragraph 85(1)(b) or any summary referred to in subsection 79(2); or (b) the disclosure by the President of information for the purposes of proceedings before a panel or the Appellate Body established under the Understanding on Rules and Procedures Governing the Settlement of Disputes set out in Annex 2 to the WTO Agreement. Disclosure to counsel (3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the President in any proceedings under this Act shall, on written request and on payment of the prescribed fee, be disclosed by the President, in the manner and at the time specified by the President, to counsel for any party to those proceedings or to other proceedings under this Act arising out of those proceedings for use, notwithstanding any other Act or law, by that counsel only in those proceedings, subject to any conditions that the President considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who submitted it to the President, be disclosed to any person by counsel in any manner that is calculated or likely to make it available to (a) any party to the proceedings or other proceedings, including a party who is represented by that counsel; or (b) any business competitor or rival of any person to whose business or affairs the information relates. Limitation (3.1) The President may not disclose information under subsection (3) if the President is satisfied that the disclosure might result in material harm to the business or affairs of the person who designated the information as confidential under paragraph 85(1)(a). Definition of counsel (4) In subsection (3), counsel, in relation to a party to proceedings under this Act, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party. R.S., 1985, c. S-15, s. 84; R.S., 1985, c. 47 (4th Supp.), s. 52; 1999, c. 12, s. 44, c. 17, ss. 183, 184; 2003, c. 22, s. 224(E); 2005, c. 38, ss. 134, 135(E). Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Disclosure of Information Section 85 Designation of information as confidential 85 (1) Where a person who provides information to the President for the purposes of proceedings under this Act wishes some or all of the information to be kept confidential, the person shall submit, at the time the information is provided, (a) a statement designating as confidential the information that he wishes to be kept confidential, together with an explanation of why he designated that information as confidential; and (b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement (i) that such a non-confidential edited version or non-confidential summary cannot be made, or (ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential, together with an explanation that justifies the making of any such statement. Interpretation (2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where (a) the person does not provide a non-confidential edited version, a non-confidential summary or a statement referred to in paragraph (1)(b); (b) the person provides a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph (1)(a), but the President is satisfied that it does not comply with paragraph (1)(b); (c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or (d) the person provides a statement referred to in paragraph (1)(b), but the President is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof. R.S., 1985, c. S-15, s. 85; 1994, c. 47, s. 182; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Disclosure of Information Sections 86-87 Where there has been failure to comply 86 (1) Where a person has designated information as confidential pursuant to paragraph 85(1)(a) and the President considers that the designation is warranted, but the person has failed to comply with paragraph 85(1)(b), the President shall cause the person to be informed of that failure, of the ground on which he has so failed and of the application of subsection 87(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as it is necessary for him to take in order to comply with paragraph 85(1)(b). Where President considers designation unwarranted (2) Where, pursuant to paragraph 85(1)(a), a person has designated information as confidential and the President considers that, because of its nature, extent, availability from other sources or the failure of the person to provide any explanation of why he designated it as confidential, the designation of that information as confidential is unwarranted, the President shall cause the person (a) to be notified of the fact that the President considers the designation of that information as confidential unwarranted and of the President’s reasons for so considering; and (b) where the person has failed to comply with paragraph 85(1)(b), to be informed as provided in subsection (1). R.S., 1985, c. S-15, s. 86; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Withdrawal of designation or submission of explanation 87 (1) Where a person is notified pursuant to paragraph 86(2)(a) with respect to any information that he has designated as confidential pursuant to paragraph 85(1)(a), the person may, within fifteen days after being so notified, (a) withdraw the designation, or (b) submit to the President an explanation or further explanation of why he designated the information as confidential, and where the person does neither of those things within the fifteen days, that information shall not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, unless the President obtains it elsewhere than from that person. President to reconsider (2) Where, pursuant to subsection (1), a person submits to the President, within the fifteen days referred to in Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Disclosure of Information Sections 87-88.1 that subsection, an explanation or further explanation of why the person designated information as confidential, the President shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if the President decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person. Where failure to comply not rectified (3) Subject to subsection (4), where a person who has been informed pursuant to section 86 that he has failed to comply with paragraph 85(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the President, either before or after the expiration of the fifteen days, in his discretion allows, take such action as it is necessary for the person to take in order to comply with paragraph 85(1)(b), the President shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person. Exception (4) Subsection (3) does not apply in respect of any information that the President is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes of which it was provided. R.S., 1985, c. S-15, s. 87; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Application of sections 86 and 87 88 Sections 86 and 87 do not apply in respect of evidence submitted to the President pursuant to subsection 78(3). R.S., 1985, c. S-15, s. 88; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Prohibition on disclosure of information 88.1 If the Tribunal indicates to the President in writing that subsection 46(1) of the Canadian International Trade Tribunal Act applies to information provided to the President under paragraph 76.03(6)(b), no person employed in the federal public administration who comes into possession of that information while they are so Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Disclosure of Information Sections 88.1-89 employed shall, either before or after they cease to be so employed, knowingly disclose it, 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 business competitor or rival of any person to whose business or affairs the information relates. 1999, c. 12, s. 45, c. 17, s. 184; 2003, c. 22, s. 224(E); 2005, c. 38, s. 134. Ruling on Who is Importer Request for ruling on who is importer in Canada 89 (1) Where a question arises or is raised as to which of two or more persons is, for the purposes of this Act, the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported, the President may, and at the request of any person interested in the importation of the goods shall, request the Tribunal for a ruling on that question, unless, in the case only of goods that have been imported into Canada, (a) a determination has been made under section 55 or 56 with respect to the goods; and (b) more than ninety days have elapsed since the determination referred to in paragraph (a) was made. Idem (2) Where the President makes a request under subsection (1) for a ruling on the question referred to therein, the President shall (a) state in the request which of the two or more persons the President believes is the importer in Canada of the goods; (b) if any of the goods is of the same description as the goods specified in a preliminary determination made in an investigation that was initiated pursuant to section 31 and is still continuing, so state in the request; (c) provide the Tribunal with such information as the President considers will be useful to it in considering the question and with such other information as the Tribunal may request; and (d) give notice of his request to such persons as the rules of the Tribunal require or as the Tribunal may require. Investigation deemed to continue (3) Where, in any investigation, the President makes a final determination of dumping or subsidizing under subsection 41(1) in respect of any goods, the investigation shall, for the purpose of paragraph (2)(b), be deemed to Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Ruling on Who is Importer Sections 89-91 continue until such time as the Tribunal makes an order or finding in respect of the goods. R.S., 1985, c. S-15, s. 89; 1999, c. 12, s. 46, c. 17, s. 183; 2005, c. 38, s. 134. Tribunal’s ruling 90 Where a request is made to the Tribunal under subsection 89(1) for a ruling on the question referred to therein, the Tribunal (a) shall arrive at its ruling on the question by determining which of the two or more persons is the importer in Canada of the goods; (b) subject to paragraph (c), shall give its ruling on the question forthwith after receiving the request therefor; and (c) shall not, if a statement pursuant to paragraph 89(2)(b) is made in the request, give its ruling on the question until after it makes an order or finding in the inquiry commenced as a consequence of its receipt of notice of the preliminary determination referred to in that paragraph, unless, after the request is made to the Tribunal, it receives notice pursuant to subsection 41(4) that the investigation has been terminated pursuant to subsection 41(1) in respect of the goods specified in the preliminary determination, in which case the Tribunal shall give its ruling on the question forthwith after it receives that notice. R.S., 1985, c. S-15, s. 90; 2014, c. 20, s. 441. Rules 91 (1) Where (a) a request is made to the Tribunal pursuant to subsection 89(1) for a ruling on the question referred to therein, (b) a statement pursuant to paragraph 89(2)(b) is made in the request, and (c) the Tribunal’s ruling on the question is that the importer in Canada of the goods is a person other than the person specified as such by the President pursuant to paragraph 89(2)(a), the following rules apply: (d) as soon as possible after the Tribunal gives its ruling on the question, the President shall (i) reconsider any final determination of dumping or subsidizing made pursuant to subsection 41(1) with respect to the goods specified in the preliminary determination and shall confirm the final determination, rescind it or make amendments to it, as is appropriate in the circumstances, and Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Ruling on Who is Importer Section 91 (ii) cause notice of the action taken by the President pursuant to subparagraph (i) to be given to prescribed persons and governments, published in the Canada Gazette and filed with the Tribunal in writing; (e) where the President rescinds a final determination pursuant to paragraph (d), section 41 shall again apply in respect of the goods to which the final determination applied as if that section had not previously applied in respect of those goods, except that the action that the President is required by that section to take shall, notwithstanding anything therein, be taken by the President within sixty days after the Tribunal gives its ruling on the question; (f) where the President has caused the investigation referred to in paragraph 89(2)(b) to be terminated pursuant to subsection 41(1) with respect to the goods specified in the preliminary determination, the Tribunal shall be deemed to have directed the President, by notice in writing pursuant to section 46, to cause an investigation to be initiated respecting the dumping or subsidizing of those goods and the President shall, pursuant to subsection 31(2), forthwith cause such an investigation to be commenced; and (g) the Tribunal may, on its own initiative or at the request of the President or any person interested but subject to subsection (2), reconsider, under the authority of this paragraph, any order or finding made by it in the inquiry referred to in paragraph 90(c) and, in so reconsidering, may re-hear any matter before deciding it. Limitation on reconsideration of order or finding (2) The Tribunal shall not commence reconsideration of an order or finding under the authority of paragraph (1)(g) (a) later than ninety days after the making of the ruling on the question referred to in paragraph (1)(a); or (b) at the request of any person unless that person satisfies the Tribunal that reconsideration of the order or finding is warranted. Completion of reconsideration (3) Where the Tribunal reconsiders an order or finding under the authority of paragraph (1)(g), (a) the Tribunal shall complete the reconsideration forthwith and, in any event, not later than ninety days after the day on which it decides to commence it and, on completion thereof, shall confirm the order or finding or rescind it and make such other order or finding Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Ruling on Who is Importer Sections 91-92 with respect to the goods to which the order or finding under reconsideration applies as the nature of the matter may require, and, where it makes another order or finding, shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies; (b) the Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons and governments as may be specified by the rules of the Tribunal (i) forthwith after the reconsideration is completed, notice of the action taken pursuant to paragraph (a) with respect to the order or finding and, where another order or finding has been made pursuant to that paragraph, a copy of that other order or finding, and (ii) not later than fifteen days after the completion of the reconsideration, a copy of the reasons for the action taken thereon; and (c) where the Tribunal makes another order or finding pursuant to paragraph (a), it shall cause notice of the order or finding to be published in the Canada Gazette. Separate order or finding (4) Where a reconsideration under the authority of paragraph (1)(g) involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under paragraph (3)(a), the Tribunal shall make a separate order or finding under that paragraph with respect to the goods of the United States. R.S., 1985, c. S-15, s. 91; 1988, c. 65, s. 43; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 442, 443. Determination pursuant to section 55 92 A determination made pursuant to section 55 in respect of any imported goods on the basis that the importer of the goods was a person who is subsequently ruled by the Tribunal not to have been the importer thereof shall be deemed not to have been made and, for the purpose of that section, the date of the order or finding of the Tribunal with respect to goods that appear to be of the same description as the imported goods shall be deemed to be (a) where, following its ruling, the Tribunal reconsiders the order or finding pursuant to paragraph 91(1)(g) and confirms it, the date on which the Tribunal confirms the order or finding; (b) where, following its ruling, the Tribunal reconsiders the order or finding pursuant to paragraph Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Ruling on Who is Importer Sections 92-96 91(1)(g) and rescinds it and makes another order or finding with respect to goods of that description, the date of the other order or finding; and (c) in any other case, the date of the Tribunal’s ruling. 1984, c. 25, s. 92. Determination pursuant to section 56, 57 or 59 93 A determination or re-determination made pursuant to section 56, 57 or 59 in respect of any goods on the basis that the importer of the goods was a person who is subsequently ruled by the Tribunal not to have been the importer thereof shall be deemed not to have been made and the goods shall, for the purposes of section 56, be deemed to be accounted for on the earlier of (a) the day that is sixty days after the day on which the Tribunal made the ruling; and (b) the day on which a new determination is made pursuant to section 56 in respect of the goods. R.S., 1985, c. S-15, s. 93; R.S., 1985, c. 1 (2nd Supp.), s. 211. Ruling binding 94 A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the President, and on every person employed by the Canada Border Services Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the President at the time the Tribunal gives its ruling come to the President’s attention after it is given. R.S., 1985, c. S-15, s. 94; 1999, c. 17, s. 182; 2005, c. 38, s. 133. President to provide name of importer 95 Where any person interested in the importation of goods into Canada requests the President to provide the person with the name of the importer of the goods, the President shall, except in prescribed circumstances, forthwith provide the person with the name of the importer. R.S., 1985, c. S-15, s. 95; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Gathering of Information President may gather information in advance 96 In order to facilitate the administration and enforcement of this Act, where the President believes that goods sold to an importer in Canada or goods located or in the course of production out of Canada are or may be of the same description as goods to which an order or finding of Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Gathering of Information Sections 96-96.1 the Tribunal described in section 3, 5 or 6 applies and that they will or may be imported into Canada, the President may, for the purpose of estimating the margin of dumping of or the amount of subsidy on the goods before they are imported into Canada, seek from persons in or out of Canada, in such manner and form as he considers appropriate in the circumstances, such information as he believes will be useful for that purpose. R.S., 1985, c. S-15, s. 96; 1994, c. 47, s. 185; 1999, c. 17, s. 183; 2005, c. 38, s. 134. Application for Review Application for judicial review 96.1 (1) Subject to section 77.012 or 77.12, an application may be made to the Federal Court of Appeal to review and set aside (a) a decision of the President under paragraph 41(1)(a); (b) a final determination of the President under paragraph 41(1)(b); (c) a decision of the President under subsection 53(1) to renew or not to renew an undertaking; (c.1) an order or finding of the Tribunal under subsection 43(1); (c.2) a decision of the President under subsection 75.1(1); (c.3) a decision of the President under subsection 75.4(6); (c.4) a determination of the President under subsection 75.6(5); (d) an order of the Tribunal under subsection 76.01(4) or 76.03(5); (d.1) a determination of the President under paragraph 76.03(7)(a); (e) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1); (f) an order of the Tribunal under subsection 76.01(5) or 76.03(12); or (g) an order or finding of the Tribunal under subsection 91(3). Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Application for Review Section 96.1 Grounds of application (2) An application may be made under this section on the ground that the President or the Tribunal, as the case may be, (a) acted without jurisdiction, acted beyond the jurisdiction of the President or the Tribunal or refused to exercise that jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that the President or the Tribunal was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based a decision or order on an erroneous finding of fact that the President or the Tribunal made in a perverse or capricious manner or without regard for the material before the President or the Tribunal; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. Filing of application (3) Subject to subsection 77.012(2), an application may be made under this section by any person directly affected by the determination, decision, order or finding by filing a notice of the application in the Federal Court of Appeal within thirty days after the time the determination, decision, order or finding was first communicated to that person by the President or the Tribunal, or within such further time as the Federal Court of Appeal or a judge thereof may, before or after the expiration of those thirty days, fix or allow. Trial Division deprived of jurisdiction (4) Where the Federal Court of Appeal has jurisdiction under this section to hear and determine an application to review and set aside a determination, decision, order or finding, the Trial Division has no jurisdiction to entertain any proceeding in respect of that determination, decision, order or finding. Hearing in summary way (5) An application under this section shall be heard and determined without delay and in a summary way in accordance with the rules made in respect of applications for judicial review pursuant to sections 18.1 and 28 of the Federal Courts Act. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Application for Review Sections 96.1-96.21 Disposition (6) On an application under this section, the Federal Court of Appeal may dismiss the application, set aside the final determination, decision, order or finding, or set aside the final determination, decision, order or finding and refer the matter back to the President or the Tribunal, as the case may be, for determination in accordance with such directions as it considers appropriate. 1988, c. 65, s. 44; 1993, c. 44, s. 220; 1994, c. 47, s. 183; 1999, c. 12, s. 47, c. 17, ss. 183, 184; 2002, c. 8, s. 182; 2005, c. 38, s. 134; 2017, c. 20, s. 97. No references 96.11 (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country. Suspension of s. 96.2 (2) The operation of section 96.2 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 221; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 134; 2020, c. 1, s. 102. No references 96.2 Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of the United States. 1988, c. 65, s. 44; 1990, c. 8, s. 73; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 134. Request for review of final determination 96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law. Idem (2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law. Deeming (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Application for Review Sections 96.21-96.3 Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister. Definition of final determination (5) In this section, final determination means a final determination as defined in Article 10.8 of the Canada–United States–Mexico Agreement. Suspension of s. 96.3 (6) The operation of section 96.3 is suspended during the period in which this section is in force. 1993, c. 44, s. 222; 1999, c. 12, s. 48(F); 2020, c. 1, s. 103. Request for review of final determination 96.3 (1) The Minister for International Trade may, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that a final determination be reviewed by a panel established under that law. Idem (2) On a request made to the Canadian Secretary by any person who, but for the American law giving effect to the Free Trade Agreement, would be entitled under American law to commence domestic proceedings for judicial review of a final determination, the Minister for International Trade shall, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that the final determination be reviewed by a panel established under that law. Limitation period (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the final determination is published in the Federal Register or, in the case of a final determination of which notice is not so published, the day on which notice of the final determination is received by the Minister. Definition of final determination (4) In this section, final determination means a final determination as defined in subparagraph (b) of the definition of that term in Article 1911 of the Free Trade Agreement. 1988, c. 65, s. 44; 1999, c. 12, s. 49(F). Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures PART III General Offences Sections 96.4-97 Offences Offence 96.4 (1) Every person commits an offence who (a) uses information disclosed to the person by the President under subsection 84(3) for any purpose other than the purpose for which the information was disclosed under that subsection; or (b) contravenes a condition imposed by the President under subsection 84(3). Punishment (2) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to a fine of not more than $1,000,000; or (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000. Consent (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada. 1999, c. 12, s. 50, c. 17, s. 184; 2005, c. 38, s. 134. Regulations Regulations 97 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations (a) prescribing anything that by this Act is to be or may be prescribed by regulation; (a.1) respecting the factors that may be considered in determining (i) the existence of injury, retardation or threat of injury, (ii) whether the injury, retardation or threat of injury has been caused by the dumping or subsidizing of any goods or by any other reason, (iii) whether there has been a change in the pattern of trade, (iv) whether the process of assembly or completion is insignificant, Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Regulations Section 97 (v) the principal cause of a change in a pattern of trade, and (vi) whether a prescribed activity is undermining the remedial effects of an order of the Governor in Council or an order or finding; (a.2) respecting activities for the purposes of paragraph 71(b); (b) specifying the circumstances and manner in which two or more properly documented complaints, investigations or inquiries, including anti-circumvention complaints and investigations and scope ruling applications and scope proceedings, may be joined and carried on as one and the persons to whom and the manner in which notice of the joining shall be given; (c) prescribing, for the purpose of subsection 74(2), what constitutes a sufficient amount of time for interested parties to provide written comments; (d) defining the expression duty or internal tax for the purpose of the definition subsidy in subsection 2(1); (e) defining the expressions cost of production, a reasonable amount for administrative, selling and all other costs and a reasonable amount for profits for the purpose of paragraph 19(b) or subparagraph 20(1)(c)(ii); (e.1) prescribing the manner of calculating the cost of production of goods and the administrative, selling and all other costs with respect to goods; (f) defining the expression an amount for profit for the purpose of subparagraph 25(1)(c)(ii) or (d)(i); (f.1) defining the expression start-up period of production for the purposes of section 23.1, including prescribing the factors to consider in determining the duration of such a period; (f.2) prescribing, for the purposes of subsection 30.3(3), the manner for determining a margin of dumping, including prescribing the manner for determining the maximum margin of dumping that can be determined; (g) defining the expression person interested for the purpose of subsection 45(6) or section 89 or 95 and the expression interested person for the purpose of subsections 61(1.1), 63(1) or 67(4); (g.01) prescribing what constitutes a complete application for the purposes of subsection 63(7); Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Regulations Section 97 (g.1) deeming a government in Canada or the United States to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.11(2); (g.11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2); (g.2) defining the expression goods of the United States for the purpose of this Act; (g.21) defining the expression goods of a CUSMA country for the purpose of this Act; (g.22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act; (g.23) determining the meaning of the expression goods of Chile for the purposes of this Act; (h) prescribing the procedure to be followed in an investigation ordered by the Governor in Council under subsection 7(1); (i) providing for the selection of an interest rate, from among or by reference to interest rates prevailing in or out of Canada at the time of the sale referred to in subsection 21(1), by reference to which the determination referred to in paragraph 21(1)(a) shall be made in the circumstances described in clause 21(1)(a)(ii)(B); (j) providing for the selection of an interest rate, from among or by reference to interest rates prevailing in or out of Canada at the time of the sale referred to in subsection 27(1), by reference to which the determination referred to in paragraph 27(1)(a) shall be made in the circumstances described in clause 27(1)(a)(ii)(B); (k) providing for the determination of or specifying the date as of which the equivalent dollar value of any amount that is expressed in the currency of a country other than Canada and that is used or taken into account for any purpose in the administration or enforcement of this Act shall be ascertained, determined or calculated; (k.1) providing for the method of determining the rate of exchange for the purpose of calculating the export price for export sales involving the sale of foreign currency on forward markets; (k.2) providing for the manner of making adjustments to export prices and normal values in situations Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures Regulations Sections 97-98 of fluctuation or sustained movement in the rate of exchange; (k.3) prescribing the period after which the President may refuse to consider representations referred to in subsection 49(5); (k.4) prescribing the factors that the President may consider in making a determination under paragraph 76.03(7)(a); (k.5) prescribing the factors that the Tribunal may consider in making a determination under subsection 76.03(10); (k.6) providing for the manner of attributing principal and interest to imported goods when those amounts include a portion related to charges not directly associated with the value of the goods; and (l) generally, for carrying out the purposes and provisions of this Act. Regulations prescribing rate of interest (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations prescribing a rate of interest or rules for determining a rate of interest for the purposes of this Act. R.S., 1985, c. S-15, s. 97; R.S., 1985, c. 1 (2nd Supp.), s. 212; 1988, c. 65, s. 45; 1993, c. 44, s. 223; 1994, c. 47, s. 184; 1997, c. 14, s. 93; 1999, c. 12, s. 51, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2017, c. 20, s. 98; 2020, c. 1, s. 104. Orders Orders suspending application 98 (1) The Governor in Council may, for the purpose of ensuring that this Act complies with the Subsidies Agreement, by order, modify or suspend the application of any provision, in whole or in part, of this Act with respect to any country. Period of order (2) Unless revoked, an order made under subsection (1) has effect for the period specified in the order. 2000, c. 14, s. 47. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures RELATED PROVISIONS RELATED PROVISIONS — 2002, c. 8, s. 192 Special Import Measures Act 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. 192 Subsection — 2005, c. 38, s. 137 Application 137 The provisions of the Special Import Measures Act, as enacted or amended by sections 132 to 136 and paragraph 145(2)(i) of this Act, apply to goods of a NAFTA country, as defined in subsection 2(1) of that Act. — 2014, c. 20, s. 444 Application 444 The following provisions of the Act, as enacted or amended by sections 429 to 443, apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act: (a) subparagraph 34(1)(a)(i) and subsection 34(2); (b) paragraph 35(2)(b); (c) paragraph 38(3)(b); (d) paragraphs 41(3)(b) and (4)(b); (e) subsections 41.1(1) and (2); (f) subsections 42(1) and (2); (g) subsections 43(1) to (3); (h) subsection 44(2); (i) subsection 45(2); (j) subsection 47(3); (k) paragraphs 52(1)(e) and (1.1)(e); (l) subsection 53(4); (m) subsections 53.1(1) and (2); (n) subsections 61(1) and (2); (o) subsections 76.01(4) and (6); Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures RELATED PROVISIONS (p) subsection 76.02(5); (q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b); (r) section 77.14; (s) paragraph 90(c); and (t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c). — 2016, c. 7, s. 200 Application 200 The provisions of the Special Import Measures Act, as enacted or amended by sections 192 to 199, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. — 2017, c. 20, s. 99 Definitions 99 The definitions in this section apply in this section and sections 100 and 101. commencement day means the day on which this section comes into force. (date de référence) former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi) new Act means the Special Import Measures Act as it read on the commencement day. (nouvelle loi) — 2017, c. 20, s. 100 Disposition of notified complaints 100 (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act. Goods subject to order made after commencement day (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures RELATED PROVISIONS respect of those goods other than the following shall be disposed of in accordance with that Act: (a) a judicial review or dispute settlement under Part I.1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement; (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day; (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or (d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding. Effect of order or finding (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under that Act. New Act does not justify review (4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted. Determination — undertaking (5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act. Determination — deeming (6) A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Act. Re-determination of normal value, etc. (7) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act. Current to June 20, 2022 Last amended on July 1, 2020 Special Import Measures RELATED PROVISIONS — 2017, c. 20, s. 101 Application 101 The provisions of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. — 2020, c. 1, s. 105 Definition of commencement day 105 In sections 106 and 107, commencement day means the day fixed under subsection 213(1). — 2020, c. 1, s. 106 Pending proceedings 106 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day. — 2020, c. 1, s. 107 New proceedings 107 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day. Current to June 20, 2022 Last amended on July 1, 2020

CONSOLIDATION Shipping Conferences Exemption Act, 1987 R.S.C. 1985, c. 17 (3rd Supp.) NOTE [1987, c. 22, assented to 30th June, 1987] Current to June 20, 2022 Last amended on March 12, 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 March 12, 2009. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on March 12, 2009 TABLE OF PROVISIONS An Act to exempt certain shipping conference practices from the provisions of the Competition Act, to repeal the Shipping Conferences Exemption Act and to amend other Acts in consequence thereof Short Title 1 Short title Interpretation 2 Definitions Administration 3 Agency is responsible Non-application of Competition Act 4 Competition Act not to apply to certain contracts Limitation Filing of Documents 6 Documents to be filed Time for filing of documents Certification of documents Giving of Notices 9 Notice of increase in rate Notice of amendment to loyalty contract or tariff Disclosure of Service Contracts 11 Communication of information Exception Investigation of Complaints 13 Filing of complaints Agency shall notify Commissioner Agency must render decision within 120 days Current to June 20, 2022 Last amended on March 12, 2009 ii Shipping Conferences Exemption, 1987 TABLE OF PROVISIONS Investigation of Conference 16 Inquiry by Commissioner Inspection and Destruction of Documents 17 Inspection of documents Offices 18 Office in Canada Inspection of Documents 19 Availability of certain documents Meetings 20 Meetings Designated Shipper Groups 21 Minister of Transport may designate Regulations 22 Regulations Security 23 General security Offence and Punishment 24 Non-compliance with Act or regulations Transitional 25 Transitional Consequential and Related Amendments Repeal Coming into Force *29 Coming into force Current to June 20, 2022 Last amended on March 12, 2009 iv R.S.C. 1985, c. 17 (3rd Supp.) An Act to exempt certain shipping conference practices from the provisions of the Competition Act, to repeal the Shipping Conferences Exemption Act and to amend other Acts in consequence thereof Short Title Short title 1 This Act may be cited as the Shipping Conferences Exemption Act, 1987. Interpretation Definitions 2 (1) In this Act, Agency means the Canadian Transportation Agency; (Office) Commission [Repealed, 1992, c. 1, s. 123] Commissioner means the Commissioner of Competition appointed under the Competition Act; (commissaire) conference means an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those ocean carriers of goods by water; (conférence) conference agreement means any contract, agreement or arrangement among the members of a conference and includes any amendment thereto; (accord intra-conférence) contract rate means the rate to be charged for the transportation of goods shipped by a shipper pursuant to a loyalty contract; (taux de fret contractuel) Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Interpretation Section 2 designated shipper group means any organization or association of shippers designated by the Minister of Transport pursuant to section 21; (groupe d’expéditeurs désigné) Director [Repealed, 1999, c. 2, s. 50] dual rate system means an arrangement of the rates to be charged for the transportation of goods into contract rates and non-contract rates and in which the contract rate for the transportation of specific goods described therein is lower than the non-contract rate for those goods; (double régime de taux de fret) independent action, by a member of a conference, means the provision by the member of a service in a manner or at a rate that is different from that provided for in any tariff established by the members of that conference or the provision by the member of a service for which no provision is made in any such tariff; (mesure distincte) interconference agreement means any contract, agreement or arrangement between the members of a conference and the members of another conference and includes any amendment thereto; (accord mixte) loyalty contract means a contract between a shipper of goods and the members of a conference whereby the shipper agrees, in return for certain advantages, to offer to those members for transportation by them all goods, all goods of certain classes or a portion only of all goods or of all goods of certain classes shipped by that shipper; (contrat d’exclusivité) non-contract rate means a rate, other than a rate established in a service contract, to be charged for the transportation of goods shipped by a shipper who has not entered into a loyalty contract; (taux de fret non contractuel) ocean carrier means an owner, lessee or charterer of a vessel who is engaged in the business of the transportation of goods by water; (transporteur maritime) service contract means a contract between a shipper of goods and one or more members of a conference whereby the shipper agrees to provide to those members for transportation by them over a fixed period of time a specified minimum quantity of goods and, in return, those members agree to carry the goods at a specified rate or in accordance with a specified rate schedule and agree to provide a specified level of service and includes any amendment thereto but does not include a loyalty contract; (contrat d’exclusivité limitée) Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Interpretation Sections 2-4 tariff means a tariff of rates established by the members of a conference for the transportation of goods by vessel alone or by vessel and by any other means of transportation, and includes any rules or regulations that determine the calculation of such rates or prescribe terms or conditions for the transportation of goods by vessel; (tarif) transportation of goods means the transportation of goods from any place in Canada to any place outside Canada or from any place outside Canada to any place in Canada. (transport de marchandises) Filing of documents (2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency. R.S., 1985, c. 17 (3rd Supp.), s. 2; 1992, c. 1, ss. 123, 128; 1996, c. 10, s. 270; 1999, c. 2, s. 50; 2001, c. 26, s. 325. Administration Agency is responsible 3 The Agency is responsible for the administration of this Act. R.S., 1985, c. 17 (3rd Supp.), s. 3; 1992, c. 1, s. 128. Non-application of Competition Act Competition Act not to apply to certain contracts 4 (1) Subject to subsections (2) to (4) and section 5, the Competition Act does not apply in respect of any conference agreement or interconference agreement to the extent that (a) the conference agreement or interconference agreement requires a member of a conference to use a tariff; (b) the conference agreement or interconference agreement requires a member of a conference to carry out a loyalty contract if that loyalty contract (i) provides that it may be terminated by either party at any time after ninety days from the day notice in writing of intention to terminate is given to the other party, (ii) provides for the application to goods shipped by the shipper of tariffs that incorporate a dual rate system in which no contract rate for any goods is Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Non-application of Competition Act Section 4 less than eighty-five per cent of the non-contract rate for those goods, (iii) makes no provision for the payment by any member of a conference of a rebate of any rate charged for the transportation of any goods shipped by the shipper, and (iv) contains no term or condition in a standard form approved by the members of a conference requiring a shipper of goods to offer to those members for transportation by them all goods shipped by that shipper; (c) the conference agreement establishes terms and conditions respecting the use of service contracts by members of a conference; (d) the conference agreement or interconference agreement provides for the allocation among members of a conference of the ports in Canada or elsewhere to which or from which they may transport goods; (e) the conference agreement or interconference agreement regulates the time of sailing of vessels of members of a conference and the kinds of service members of a conference may provide for the transportation of goods; (f) the conference agreement or interconference agreement provides for the sharing by members of a conference of the transportation of goods offered for shipment by shippers or of earnings and losses of those members arising out of the transportation of goods; or (g) the conference agreement or interconference agreement regulates the admission of ocean carriers to membership in a conference and the expulsion of members from a conference. Exception re filing (2) Subsection (1) does not apply in respect of a conference agreement or interconference agreement until a copy or description of the agreement is filed with the Agency in accordance with subsection 6(1). Exception re independent action (3) Subsection (1) does not apply in respect of a conference agreement unless the conference agreement (a) provides that any member of the conference may, after giving to the other members of the conference five days written notice, or such lesser number of days written notice as may be specified in the conference Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Non-application of Competition Act Sections 4-5 agreement, of the member’s intention to do so, take independent action; (b) provides that, when a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member’s intention to do so, take the same independent action as soon as the first independent action becomes effective; and (c) provides that, when a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than five days after the day on which the notice is received by the members of the conference. Exception re service contracts (3.1) The terms and conditions established by a conference agreement under paragraph (1)(c) shall not have the effect of preventing a member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract. Exception re predatory practices (4) Subsection (1) does not have the effect of exempting from the application of the Competition Act any member of a conference who engages in, or who conspires, agrees or arranges with another person to engage in, a practice of selling products at prices unreasonably low that has the effect or tendency of substantially lessening competition or eliminating a competitor or is designed to have that effect and that is a practice of anti-competitive acts referred to in paragraph 79(1)(b) of that Act. R.S., 1985, c. 17 (3rd Supp.), s. 4; 1992, c. 1, ss. 124, 128; 2001, c. 26, s. 326; 2009, c. 2, s. 443. Limitation 5 (1) Subsection 4(1) does not apply in respect of a conference agreement or interconference agreement if any party to the agreement conspires, combines, agrees or arranges with any other party to the agreement (a) to use a vessel for the purpose of preventing or lessening, unduly, competition in the transportation of goods by an ocean carrier that is not a party to that agreement; (b) to refuse to transport goods for a shipper because that shipper has used for the transportation of goods a Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Non-application of Competition Act Sections 5-7 vessel of an ocean carrier that is not a party to that agreement; or (c) to prevent or limit the use by an ocean carrier in Canada or elsewhere of port or other facilities or services relating to the transportation of goods because that ocean carrier is not a party to that agreement. Further limitation (2) Subsection 4(1) does not apply in respect of a conference agreement if the parties to the agreement enter jointly into any contract, agreement or arrangement with any carrier in Canada for the purpose of establishing the amount to be paid by any party to the agreement to any such carrier for the inland transportation of goods for which that party has charged a through rate for the transportation of those goods. Filing of Documents Documents to be filed 6 (1) Every member of a conference shall, within the time prescribed in section 7, file or cause to be filed with the Agency (a) a copy of every conference agreement and interconference agreement to which the member is a party or, in the case of an oral agreement, a description of the agreement in such form as the Agency may require; (b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1); (c) notice of any change in the membership of the conference; and (d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract. (e) and (f) [Repealed, 2001, c. 26, s. 327] (2) [Repealed, 2001, c. 26, s. 327] R.S., 1985, c. 17 (3rd Supp.), s. 6; 1992, c. 1, s. 128; 2001, c. 26, s. 327. Time for filing of documents 7 Every document required to be filed pursuant to (a) paragraph 6(1)(a) shall be filed with the Agency not later than the day on which the conference agreement or interconference agreement becomes effective; Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Filing of Documents Sections 7-10 (b) paragraph 6(1)(b) shall be filed with the Agency not later than thirty days after the day on which the service contract becomes effective; (c) paragraph 6(1)(c) shall be filed with the Agency not later than thirty days after a change in the membership of the conference; and (d) paragraph 6(1)(d) shall be filed with the Agency not later than the day on which the standard form of loyalty contract becomes effective or, in the case of an amendment to that standard form, not later than thirty days after the day on which the amendment becomes effective. (e) [Repealed, 2001, c. 26, s. 328] R.S., 1985, c. 17 (3rd Supp.), s. 7; 1992, c. 1, s. 128; 2001, c. 26, s. 328. Certification of documents 8 Every document filed with the Agency pursuant to section 6 shall be certified as being a true copy by a person designated for that purpose by the member of the conference filing it or causing it to be filed. R.S., 1985, c. 17 (3rd Supp.), s. 8; 1992, c. 1, s. 128. Giving of Notices Notice of increase in rate 9 (1) Where the members of a conference propose to increase any rate in a tariff, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed increase, notice in writing thereof at least thirty days before the date on which the proposed increase is to become effective. Notice of surcharge or increase in surcharge (2) Where the members of a conference propose to impose a surcharge or increase a surcharge, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed surcharge or increase, notice in writing thereof at least fourteen days before the date on which the proposed surcharge or increase is to become effective. R.S., 1985, c. 17 (3rd Supp.), s. 9; 1992, c. 1, s. 128. Notice of amendment to loyalty contract or tariff 10 Where the members of a conference propose to amend any standard form of loyalty contract or propose to amend any tariff other than by increasing any rate therein, every member of the conference shall give or cause to be given to the Agency notice in writing thereof Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Giving of Notices Sections 10-13 not later than the date on which the proposed amendment is to become effective. R.S., 1985, c. 17 (3rd Supp.), s. 10; 1992, c. 1, s. 128. Disclosure of Service Contracts Communication of information 11 Except as authorized under section 12 and subsection 14(2), no person engaged in the administration of this Act shall (a) knowingly communicate or knowingly allow to be communicated to any person any information contained in any copy of a service contract that has been filed with the Agency pursuant to section 6; or (b) knowingly allow any person to inspect or have access to any such copy. R.S., 1985, c. 17 (3rd Supp.), s. 11; 1992, c. 1, s. 128. Exception 12 A person engaged in the administration of this Act may communicate or allow to be communicated information contained in a copy of a service contract that has been filed with the Agency pursuant to section 6 or may allow inspection of or access to any such copy to or by (a) any other person engaged in the administration of this Act; or (b) any person authorized in writing by the parties to the service contract. R.S., 1985, c. 17 (3rd Supp.), s. 12; 1992, c. 1, s. 128. Investigation of Complaints Filing of complaints 13 (1) Subject to subsection (5), where any person, including the Commissioner, has reason to believe that (a) any conference agreement or interconference agreement, a copy or description of which is required to be filed with the Agency by a member of a conference pursuant to section 6, or (b) any practice of a conference or of any member thereof, has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, that person may file a complaint with the Agency and the Agency may make such Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Investigation of Complaints Sections 13-14 investigation of the complaint as in its opinion is warranted. Agency may make order (2) If, after completing an investigation commenced pursuant to subsection (1), the Agency finds that the conference agreement, interconference agreement or practice has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Agency may make an order requiring the parties to the agreement or the members of the conference engaging in the practice to remove the offending feature of the agreement or to stop the practice or may make any other order as in the circumstances the Agency considers necessary. Agency may consider service contracts (3) In conducting an investigation under subsection (1), the Agency may take into consideration the contents of any service contract. Agency may hold public hearings (4) In conducting an investigation under subsection (1), the Agency may hold public hearings or may decide the matter on the basis of documents filed with the Agency. (5) [Repealed, 1996, c. 10, s. 271] Operation of Competition Act (6) Nothing in this section affects the operation of the Competition Act in respect of its application to (a) any conference agreement or interconference agreement that is not exempt from the application of that Act by virtue of section 4; or (b) any practice of a conference or of any member thereof. R.S., 1985, c. 17 (3rd Supp.), s. 13; 1992, c. 1, ss. 125, 128; 1996, c. 10, s. 271; 1999, c. 2, s. 51. Agency shall notify Commissioner 14 (1) The Agency shall give notice to the Commissioner of every complaint filed under subsection 13(1) by any person other than the Commissioner. Commissioner may have access to documents (2) Where the Commissioner intends to make representations to or call evidence before the Agency pursuant to section 125 of the Competition Act in respect of a complaint filed under subsection 13(1) by a person other than the Commissioner and gives notice thereof to the Agency, the Agency shall make available to the Commissioner for Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Investigation of Complaints Sections 14-17 examination all relevant documents filed with the Agency including copies of any service contracts. R.S., 1985, c. 17 (3rd Supp.), s. 14; 1992, c. 1, s. 128; 1999, c. 2, s. 51. Agency must render decision within 120 days 15 The Agency shall render a decision on a complaint filed under subsection 13(1) not later than one hundred and twenty days after the filing of the complaint unless the parties thereto agree to an extension. R.S., 1985, c. 17 (3rd Supp.), s. 15; 1992, c. 1, s. 128. Investigation of Conference Inquiry by Commissioner 16 (1) Notwithstanding section 3, the Commissioner on his own initiative may, and on direction from the Minister of Industry shall, carry out an inquiry concerning the operations of any conference and the effect that practices of the conference have in limiting facilities for the transportation of any goods, preventing or lessening competition in the transportation of any goods or restraining or injuring trade or commerce in relation to any goods. Deemed inquiry under Competition Act (2) Any inquiry carried out by the Commissioner pursuant to subsection (1) shall be deemed to be an inquiry under section 10 of the Competition Act. Use of evidence (3) The Commissioner may bring to the Agency any evidence or material obtained in the course of an inquiry under this section that in the opinion of the Commissioner is relevant to any complaint filed with the Agency under subsection 13(1) and, for greater certainty, may take any other action authorized to be taken by the Commissioner under the Competition Act in relation to that evidence or material. R.S., 1985, c. 17 (3rd Supp.), s. 16; 1992, c. 1, ss. 128, 145(F); 1995, c. 1, s. 62; 1999, c. 2, s. 51. Inspection and Destruction of Documents Inspection of documents 17 (1) Subject to subsection (2), every document filed pursuant to section 6, other than a copy of a service contract, and every notice given pursuant to section 9 or 10 shall, on application, be made available for inspection by any person during the regular business hours of the Agency. Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Inspection and Destruction of Documents Sections 17-19 Destruction of documents (2) The Agency may, five years after the date they are no longer in effect, destroy those documents filed with or given to the Agency or the Canadian Transport Commission pursuant to this Act, the Shipping Conferences Exemption Act, chapter 39 of the Revised Statutes of Canada, 1970 (1st Supp.), or the Shipping Conferences Exemption Act that, in its opinion, are no longer necessary for the administration of this Act. R.S., 1985, c. 17 (3rd Supp.), s. 17; 1992, c. 1, s. 126. Offices Office in Canada 18 Members of a conference shall maintain jointly an office in that region of Canada where they operate. R.S., 1985, c. 17 (3rd Supp.), s. 18; 1992, c. 1, s. 126; 2001, c. 26, s. 329. Inspection of Documents Availability of certain documents 19 (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of (a) all documents in force, other than service contracts, that have been filed pursuant to section 6; (b) all tariffs in force; and (c) all notices in force that have been given pursuant to section 9 or 10. Inspection at member’s office (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff. Contents of tariff (3) Each tariff shall set out (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract; Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Inspection of Documents Sections 19-22 (b) the places from and to which every rate referred to in paragraph (a) applies; (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed. R.S., 1985, c. 17 (3rd Supp.), s. 19; 1992, c. 1, s. 126; 2001, c. 26, s. 329. Meetings Meetings 20 Members of a conference engaged in the transportation of goods from any place in Canada to any place outside Canada shall, when reasonably requested in writing by any designated shipper group to do so, meet with the designated shipper group and shall provide the designated shipper group with information sufficient for the satisfactory conduct of the meeting. Designated Shipper Groups Minister of Transport may designate 21 The Minister of Transport may designate any organization or association of shippers as representing, in the opinion of the Minister of Transport, for the purposes of this Act, the interests of those shippers. R.S., 1985, c. 17 (3rd Supp.), s. 21; 1992, c. 1, s. 144(F). Regulations Regulations 22 (1) The Governor in Council may make regulations requiring the production by members of a conference at such time or times and in such form and manner as are specified in the regulations, of such information of a type specified in the regulations as is in their possession or is reasonably available to them and as may reasonably be regarded as necessary to enable the Agency to effectively supervise the activities of members of the conference relating to the conference and concerning Canada. Confidentiality (2) Where information that is in its nature confidential and that relates to the business of a member of a conference is produced pursuant to any regulations made Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Regulations Sections 22-23 pursuant to subsection (1), the information shall not be made public in such a manner as to be available for the use of any business competitor of the persons to whom the information relates. Regulations (3) The Governor in Council may make regulations respecting access, through an electronic network, to documents filed with the Agency in accordance with section 6 and the fees to be paid for the use of this service. Publication of proposed regulations (4) Subject to subsection (5), a copy of each regulation that the Governor in Council proposes to make pursuant to subsection (1) or (3) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. Exception (5) No proposed regulation need be published more than once under subsection (4) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection. R.S., 1985, c. 17 (3rd Supp.), s. 22; 1992, c. 1, s. 128. Security General security 23 (1) The Agency may direct any member of a conference to deposit with the Agency such sum of money or other security as it deems necessary, not exceeding in amount or value ten thousand dollars, as a guarantee that the member will comply with this Act, and in the event of a failure to comply with a direction of the Agency under this subsection, the Agency may authorize the seizure and detention of any vessel of the member until such time as such sum of money or other security has been so deposited. Payment out of money or security (2) Where a member of a conference is convicted of an offence under this Act or the Competition Act and fails to pay any fine imposed on it, the Agency may pay that fine out of any money, or from the proceeds of the sale of any security, deposited by that member pursuant to subsection (1). Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Security Sections 23-25 Return or cancellation of security (3) Any money or other security deposited with the Agency by a member of a conference under this section may be returned to that member or cancelled, as the case may be, where, in the opinion of the Agency, that security is no longer required. R.S., 1985, c. 17 (3rd Supp.), s. 23; 1992, c. 1, s. 128. Offence and Punishment Non-compliance with Act or regulations 24 (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence. Continuing offence (2) Where an offence under subsection (1) is committed on more than one day or is 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 period (3) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose. R.S., 1985, c. 17 (3rd Supp.), s. 24; 2001, c. 26, s. 330. Transitional Transitional 25 Where, on the coming into force of section 6, a member of a conference has already filed or caused to be filed pursuant to section 7 of the Shipping Conferences Exemption Act, a document required to be filed by it pursuant to section 6, and where no modification has been made to that document since the coming into force of that section, that member may, in lieu of filing that document pursuant to section 6, file or cause to be filed within sixty days after the coming into force of that section a certificate signed by a person designated for that purpose by the member, describing that document, and the filing of such a certificate shall be deemed to constitute compliance with that section in respect of that document. R.S., 1985, c. 17 (3rd Supp.), s. 25; 1992, c. 1, s. 127. Current to June 20, 2022 Last amended on March 12, 2009 Shipping Conferences Exemption, 1987 Consequential and Related Amendments Sections 26 and 27-29 Consequential and Related Amendments 26 and 27 [Amendments] Repeal 28 [Repeal] Coming into Force Coming into force 29 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except subsection 4(3), in force December 17, 1987, subsection 4(3) in force February 17, 1988, see SI/88-9.] * Current to June 20, 2022 Last amended on March 12, 2009

CONSOLIDATION Security of Information Act R.S.C., 1985, c. O-5 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 respecting the security of information Short Title 1 Short title Interpretation 2 Definitions Prejudice to the safety or interest of the State Offences Miscellaneous Offences 4 Wrongful communication, etc., of information Unauthorized use of uniforms; falsification of reports, forgery, personation and false documents Approaching, entering, etc., a prohibited place Interference Special Operational Information and Persons Permanently Bound to Secrecy 8 Definitions Amending schedule Designation — persons permanently bound to secrecy Service Certificate Purported communication Unauthorized communication of special operational information Public interest defence Communications with Foreign Entities or Terrorist Groups 16 Communicating safeguarded information Communicating special operational information Breach of trust in respect of safeguarded information Economic Espionage 19 Use of trade secret for the benefit of foreign economic entity Current to June 20, 2022 Last amended on July 12, 2019 ii Security of Information TABLE OF PROVISIONS Foreign-influenced or Terrorist-influenced Threats or Violence 20 Threats or violence Harbouring or Concealing 21 Concealing person who carried out offence Preparatory Acts 22 Preparatory acts Conspiracy, Attempts, Etc. 23 Conspiracy, attempts, etc. General 24 Attorney General’s consent Jurisdiction Extraterritorial application Punishment SCHEDULE Current to June 20, 2022 Last amended on July 12, 2019 iv R.S.C., 1985, c. O-5 An Act respecting information the security of Short Title Short title 1 This Act may be cited as the Security of Information Act. R.S., 1985, c. O-5, s. 1; 2001, c. 41, s. 25. Interpretation Definitions 2 (1) In this Act, Attorney General means the Attorney General of Canada and includes his or her lawful deputy; (procureur général) communicate includes to make available; (communiquer) document includes part of a document; (document) foreign economic entity means (a) a foreign state or a group of foreign states, or (b) an entity that is controlled, in law or in fact, or is substantially owned, by a foreign state or a group of foreign states; (entité économique étrangère) foreign entity means (a) a foreign power, (b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or (c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Interpretation Section 2 association referred to in paragraph (b); (entité étrangère) foreign power means (a) the government of a foreign state, (b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or (c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state; (puissance étrangère) foreign state means (a) a state other than Canada, (b) a province, state or other political subdivision of a state other than Canada, or (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada; (État étranger) model includes design, pattern and specimen; (modèle) munitions of war means arms, ammunition, implements or munitions of war, military stores or any articles deemed capable of being converted thereinto or made useful in the production thereof; (munitions de guerre) offence under this Act includes any act, omission or other thing that is punishable under this Act; (infraction à la présente loi) office under Her Majesty includes any office or employment in or under any department or branch of the government of Canada or of any province, and any office or employment in, on or under any board, commission, corporation or other body that is an agent of Her Majesty in right of Canada or any province; (fonction relevant de Sa Majesté) prohibited place means (a) any work of defence belonging to or occupied or used by or on behalf of Her Majesty, including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Interpretation Section 2 or offices, and places used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war, (b) any place not belonging to Her Majesty where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, Her Majesty or otherwise on behalf of Her Majesty, and (c) any place that is for the time being declared by order of the Governor in Council to be a prohibited place on the ground that information with respect thereto or damage thereto would be useful to a foreign power; (endroit prohibé) senior police officer [Repealed, 2001, c. 41, s. 26] sketch includes any mode of representing any place or thing; (croquis) 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) Her Majesty (2) In this Act, any reference to Her Majesty means Her Majesty in right of Canada or any province. Communicating or receiving (3) In this Act, (a) expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document or information itself or the substance, effect or description thereof only is communicated or received; (b) expressions referring to obtaining or retaining any sketch, plan, model, article, note or document include the copying of, or causing to be copied, the whole or any part of any sketch, plan, model, article, note or document; and Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Interpretation Sections 2-3 (c) expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document. Facilitation (4) For greater certainty, subsection 83.01(2) of the Criminal Code applies for the purposes of the definitions terrorist activity and terrorist group in subsection (1). R.S., 1985, c. O-5, s. 2; 2001, c. 41, s. 26. Prejudice to the safety or interest of the State 3 (1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person (a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group; (b) commits, inside or outside Canada, a terrorist activity; (c) causes or aggravates an urgent and critical situation in Canada that (i) endangers the lives, health or safety of Canadians, or (ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada; (d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada; (e) endangers, outside Canada, any person by reason of that person’s relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province; (f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province; Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Interpretation Section 3 (g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces; (h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment; (i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence; (j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification; (k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability; (l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations; (m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of (i) toxic or poisonous chemicals or their precursors, (ii) a microbial or other biological agent, or a toxin, including a disease organism, (iii) radiation or radioactivity, or (iv) an explosion; or (n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (a) to (m). Harm to Canadian interests (2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(a) to (n). R.S., 1985, c. O-5, s. 3; 2001, c. 41, s. 27. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Section 4 Offences Miscellaneous Offences Wrongful communication, etc., of information 4 (1) Every person is guilty of an offence under this Act who, having in his possession or control any secret official code word, password, sketch, plan, model, article, note, document or information that relates to or is used in a prohibited place or anything in a prohibited place, or that has been made or obtained in contravention of this Act, or that has been entrusted in confidence to him by any person holding office under Her Majesty, or that he has obtained or to which he has had access while subject to the Code of Service Discipline within the meaning of the National Defence Act or owing to his position as a person who holds or has held office under Her Majesty, or as a person who holds or has held a contract made on behalf of Her Majesty, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed under a person who holds or has held such an office or contract, (a) communicates the code word, password, sketch, plan, model, article, note, document or information to any person, other than a person to whom he is authorized to communicate with, or a person to whom it is in the interest of the State his duty to communicate it; (b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety or interests of the State; (c) retains the sketch, plan, model, article, note, or document in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it or fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or (d) fails to take reasonable care of, or so conducts himself as to endanger the safety of, the secret official code word, password, sketch, plan, model, article, note, document or information. Communication of sketch, plan, model, etc. (2) Every person is guilty of an offence under this Act who, having in his possession or control any sketch, plan, Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Miscellaneous Offences Sections 4-5 model, article, note, document or information that relates to munitions of war, communicates it, directly or indirectly, to any foreign power, or in any other manner prejudicial to the safety or interests of the State. Receiving code word, sketch, etc. (3) Every person who receives any secret official code word, password, sketch, plan, model, article, note, document or information, knowing, or having reasonable ground to believe, at the time he receives it, that the code word, password, sketch, plan, model, article, note, document or information is communicated to him in contravention of this Act, is guilty of an offence under this Act, unless he proves that the communication to him of the code word, password, sketch, plan, model, article, note, document or information was contrary to his desire. Retaining or allowing possession of document, etc. (4) Every person is guilty of an offence under this Act who (a) retains for any purpose prejudicial to the safety or interests of the State any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with any directions issued by any Government department or any person authorized by any Government department with regard to the return or disposal thereof; or (b) allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code word or password so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code word or password issued for the use of a person other than himself, or on obtaining possession of any official document by finding or otherwise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a police constable. R.S., c. O-3, s. 4. Unauthorized use of uniforms; falsification of reports, forgery, personation and false documents 5 (1) Every person is guilty of an offence under this Act who, for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, or for any other purpose prejudicial to the safety or interests of the State, (a) uses or wears, without lawful authority, any military, police or other official uniform or any uniform so nearly resembling such a uniform as to be calculated Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Miscellaneous Offences Sections 5-6 to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform; (b) orally or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or omission; (c) forges, alters or tampers with any passport or any military, police or official pass, permit, certificate, licence or other document of a similar character, in this section referred to as an official document, or uses or has in his possession any such forged, altered or irregular official document; (d) personates or falsely represents himself to be a person holding, or to be in the employment of a person holding, office under Her Majesty, or to be or not to be a person to whom an official document or secret official code word or password has been duly issued or communicated, or with intent to obtain an official document, secret official code word or password, whether for himself or any other person, knowingly makes any false statement; or (e) uses, or has in his possession or under his control, without the authority of the Government department or the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any Government department, or by any diplomatic or military authority appointed by or acting under the authority of Her Majesty, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such die, seal or stamp, or uses, or has in his possession or under his control, any such counterfeited die, seal or stamp. Unlawful dealing with dies, seals, etc. (2) Every person who, without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any die, seal or stamp referred to in subsection (1) is guilty of an offence under this Act. R.S., c. O-3, s. 5. Approaching, entering, etc., a prohibited place 6 Every person commits an offence who, for any purpose prejudicial to the safety or interests of the State, approaches, inspects, passes over, is in the neighbourhood of or enters a prohibited place at the direction of, for the benefit of or in association with a foreign entity or a terrorist group. R.S., 1985, c. O-5, s. 6; 2001, c. 41, s. 29. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Miscellaneous Offences Sections 7-8 Interference 7 Every person commits an offence who, in the vicinity of a prohibited place, obstructs, knowingly misleads or otherwise interferes with or impedes a peace officer or a member of Her Majesty’s forces engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place. R.S., 1985, c. O-5, s. 7; 2001, c. 41, s. 29. Special Operational Information and Persons Permanently Bound to Secrecy Definitions 8 (1) The following definitions apply in this section and sections 9 to 15. department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act. (ministère) government contractor means a person who has entered into a contract or arrangement with Her Majesty in right of Canada, a department, board or agency of the Government of Canada or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act, and includes an employee of the person, a subcontractor of the person and an employee of the subcontractor. (partie à un contrat administratif) person permanently bound to secrecy means (a) a current or former member or employee of a department, division, branch or office of the federal public administration, or any of its parts, set out in the schedule; (a.1) a current or former member of the National Security and Intelligence Review Agency; (a.2) a current or former member of the National Security and Intelligence Committee of Parliamentarians; or (b) a person who has been personally served with a notice issued under subsection 10(1) in respect of the person or who has been informed, in accordance with regulations made under subsection 11(2), of the issuance of such a notice in respect of the person. (personne astreinte au secret à perpétuité) Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Section 8 special operational information means information that the Government of Canada is taking measures to safeguard that reveals, or from which may be inferred, (a) the identity of a person, agency, group, body or entity that 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; (b) the nature or content of plans of the Government of Canada for military operations in respect of a potential, imminent or present armed conflict; (c) the means that the Government of Canada used, uses or intends to use, or is capable of using, to covertly collect or obtain, or to decipher, assess, analyse, process, handle, report, communicate or otherwise deal with information or intelligence, including any vulnerabilities or limitations of those means; (d) whether a place, person, agency, group, body or entity was, is or is intended to be the object of a covert investigation, or a covert collection of information or intelligence, by the Government of Canada; (e) the identity of any person who is, has been or is intended to be covertly engaged in an information- or intelligence-collection activity or program of the Government of Canada that is covert in nature; (f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or (g) information or intelligence similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) that is in relation to, or received from, a foreign entity or terrorist group. (renseignements opérationnels spéciaux) Deputy head (2) For the purposes of subsections 10(1) and 15(5), the deputy head is (a) for an individual employed in or attached or seconded to a department, the deputy head of the department; (b) for an officer or a non-commissioned member of the Canadian Forces, the Chief of the Defence Staff; Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Sections 8-10 (c) for a person who is a member of the exempt staff of a Minister responsible for a department, the deputy head of the department; (d) for a government contractor in relation to a contract with (i) the Department of Public Works and Government Services, the deputy head of that department or any other deputy head authorized for the purpose by the Minister of Public Works and Government Services, (ii) any other department, the deputy head of that department, and (iii) a Crown Corporation within the meaning of subsection 83(1) of the Financial Administration Act, the deputy head of the department of the minister responsible for the Crown Corporation; and (e) for any other person, the Clerk of the Privy Council or a person authorized for the purpose by the Clerk of the Privy Council. R.S., 1985, c. O-5, s. 8; 2001, c. 41, s. 29; 2003, c. 22, s. 224(E); 2004, c. 12, s. 21(E); 2013, c. 9, s. 28(E); 2017, c. 15, s. 40; 2019, c. 13, s. 35; 2019, c. 13, s. 49. Amending schedule 9 The Governor in Council may, by order, amend the schedule by adding or deleting the name of any current or former department, division, branch or office of the federal public administration, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to security and intelligence matters, or by modifying any name set out in the schedule. R.S., 1985, c. O-5, s. 9; 2001, c. 41, s. 29; 2003, c. 22, s. 224(E). Designation — persons permanently bound to secrecy 10 (1) The deputy head in respect of a person may, by notice in writing, designate the person to be a person permanently bound to secrecy if the deputy head is of the opinion that, by reason of the person’s office, position, duties, contract or arrangement, (a) the person had, has or will have authorized access to special operational information; and (b) it is in the interest of national security to designate the person. Contents (2) The notice must (a) specify the name of the person in respect of whom it is issued; Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Sections 10-12 (b) specify the office held, position occupied or duties performed by the person or the contract or arrangement in respect of which the person is a government contractor, as the case may be, that led to the designation; and (c) state that the person named in the notice is a person permanently bound to secrecy for the purposes of sections 13 and 14. Exceptions (3) The following persons may not be designated as persons permanently bound to secrecy, but they continue as such if they were persons permanently bound to secrecy before becoming persons referred to in this subsection: (a) the Governor General; (b) the lieutenant governor of a province; (c) a judge receiving a salary under the Judges Act; and (d) a military judge within the meaning of subsection 2(1) of the National Defence Act. R.S., 1985, c. O-5, s. 10; 2001, c. 41, s. 29. Service 11 (1) Subject to subsection (2), a person in respect of whom a notice is issued under subsection 10(1) is a person permanently bound to secrecy as of the moment the person is personally served with the notice or informed of the notice in accordance with the regulations. Regulations (2) The Governor in Council may make regulations respecting the personal service of notices issued under subsection 10(1) and regulations respecting personal notification of the issuance of a notice under that subsection when personal service is not practical. R.S., 1985, c. O-5, s. 11; 2001, c. 41, s. 29. Certificate 12 (1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of a Minister of the Crown in right of Canada stating that a person is a person permanently bound to secrecy shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the Minister appearing to have signed it, and, in the absence of evidence to the contrary, is proof of the fact so stated. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Sections 12-15 Disclosure of certificate (2) The certificate may be received in evidence only if 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. R.S., 1985, c. O-5, s. 12; 2001, c. 41, s. 29. Purported communication 13 (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms information that, if it were true, would be special operational information. Truthfulness of information (2) For the purpose of subsection (1), it is not relevant whether the information to which the offence relates is true. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years less a day. R.S., 1985, c. O-5, s. 13; 2001, c. 41, s. 29. Unauthorized communication of special operational information 14 (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms special operational information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years. R.S., 1985, c. O-5, s. 14; 2001, c. 41, s. 29. Public interest defence 15 (1) No person is guilty of an offence under section 13 or 14 if the person establishes that he or she acted in the public interest. Acting in the public interest (2) Subject to subsection (4), a person acts in the public interest if (a) the person acts for the purpose of disclosing an offence under an Act of Parliament that he or she reasonably believes has been, is being or is about to be committed by another person in the purported Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Section 15 performance of that person’s duties and functions for, or on behalf of, the Government of Canada; and (b) the public interest in the disclosure outweighs the public interest in non-disclosure. Paragraph (2)(a) to be considered first (3) In determining whether a person acts in the public interest, a judge or court shall determine whether the condition in paragraph (2)(a) is satisfied before considering paragraph (2)(b). Factors to be considered (4) In deciding whether the public interest in the disclosure outweighs the public interest in non-disclosure, a judge or court must consider (a) whether the extent of the disclosure is no more than is reasonably necessary to disclose the alleged offence or prevent the commission or continuation of the alleged offence, as the case may be; (b) the seriousness of the alleged offence; (c) whether the person resorted to other reasonably accessible alternatives before making the disclosure and, in doing so, whether the person complied with any relevant guidelines, policies or laws that applied to the person; (d) whether the person had reasonable grounds to believe that the disclosure would be in the public interest; (e) the public interest intended to be served by the disclosure; (f) the extent of the harm or risk of harm created by the disclosure; and (g) the existence of exigent circumstances justifying the disclosure. Prior disclosure to authorities necessary (5) A judge or court may decide whether the public interest in the disclosure outweighs the public interest in nondisclosure only if the person has complied with the following: (a) the person has, before communicating or confirming the information, brought his or her concern to, and provided all relevant information in his or her possession to, his or her deputy head or, if not reasonably practical in the circumstances, the Deputy Attorney General of Canada; and Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Special Operational Information and Persons Permanently Bound to Secrecy Sections 15-16 (b) the person has, if he or she has not received a response from the deputy head or the Deputy Attorney General of Canada, as the case may be, within a reasonable time, brought his or her concern to and provided all relevant information in the person’s possession to the National Security and Intelligence Review Agency, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions of service for, or on behalf of, the Government of Canada and he or she has not received a response from that Agency within a reasonable time. Exigent circumstances (6) Subsection (5) does not apply if the communication or confirmation of the information was necessary to avoid grievous bodily harm or death. R.S., 1985, c. O-5, s. 15; 1992, c. 47, s. 80; 2001, c. 41, s. 29; 2019, c. 13, s. 36. Communications with Foreign Entities or Terrorist Groups Communicating safeguarded information 16 (1) Every person commits an offence who, without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and (b) the person intends, by communicating the information, to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests or is reckless as to whether the communication of the information is likely to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests. Communicating safeguarded information (2) Every person commits an offence who, intentionally and without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Communications with Foreign Entities or Terrorist Groups Sections 16-19 (b) harm to Canadian interests results. Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for life. 2001, c. 41, s. 29. Communicating special operational information 17 (1) Every person commits an offence who, intentionally and without lawful authority, communicates special operational information to a foreign entity or to a terrorist group if the person believes, or is reckless as to whether, the information is special operational information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. 2001, c. 41, s. 29. Breach of trust in respect of safeguarded information 18 (1) Every person with a security clearance given by the Government of Canada commits an offence who, intentionally and without lawful authority, communicates, or agrees to communicate, to a foreign entity or to a terrorist group any information that is of a type that the Government of Canada is taking measures to safeguard. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years. 2001, c. 41, s. 29. Economic Espionage Use of trade secret for the benefit of foreign economic entity 19 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada’s economic interests, international relations or national defence or national security (a) communicates a trade secret to another person, group or organization; or Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Economic Espionage Sections 19-20 (b) obtains, retains, alters or destroys a trade secret. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years. Defence (3) A person is not guilty of an offence under subsection (1) if the trade secret was (a) obtained by independent development or by reason only of reverse engineering; or (b) acquired in the course of the person’s work and is of such a character that its acquisition amounts to no more than an enhancement of that person’s personal knowledge, skill or expertise. Meaning of trade secret (4) For the purpose of this section, trade secret means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that (a) is or may be used in a trade or business; (b) is not generally known in that trade or business; (c) has economic value from not being generally known; and (d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 2001, c. 41, s. 29. Foreign-influenced or Terroristinfluenced Threats or Violence Threats or violence 20 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign entity or a terrorist group, induces or attempts to induce, by threat, accusation, menace or violence, any person to do anything or to cause anything to be done Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Foreign-influenced or Terrorist-influenced Threats or Violence Sections 20-21 (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or (b) that is reasonably likely to harm Canadian interests. Application (2) A person commits an offence under subsection (1) whether or not the threat, accusation, menace or violence occurred in Canada. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. 2001, c. 41, s. 29. Harbouring or Concealing Concealing person who carried out offence 21 (1) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals a person whom they know to be a person who has committed an offence under this Act, is guilty of an indictable offence and liable to imprisonment (a) for a term of not more than 14 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to imprisonment for life; and (b) for a term of not more than 10 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to any other punishment. Concealing person who is likely to carry out offence (2) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals any person whom he or she knows to be a person who is likely to carry out an offence under this Act, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2001, c. 41, s. 29; 2013, c. 9, s. 29. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information Offences Preparatory Acts Sections 22-23 Preparatory Acts Preparatory acts 22 (1) Every person commits an offence who, for the purpose of committing an offence under subsection 16(1) or (2), 17(1), 19(1) or 20(1), does anything that is specifically directed towards or specifically done in preparation of the commission of the offence, including (a) entering Canada at the direction of or for the benefit of a foreign entity, a terrorist group or a foreign economic entity; (b) obtaining, retaining or gaining access to any information; (c) knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person’s willingness to commit the offence; (d) at the direction of, for the benefit of or in association with a foreign entity, a terrorist group or a foreign economic entity, asking a person to commit the offence; and (e) possessing any device, apparatus or software useful for concealing the content of information or for surreptitiously communicating, obtaining or retaining information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years. 2001, c. 41, s. 29. Conspiracy, Attempts, Etc. Conspiracy, attempts, etc. 23 Every person commits an offence who conspires or attempts to commit, is an accessory after the fact in relation to or counsels in relation to an offence under this Act and is liable to the same punishment and to be proceeded against in the same manner as if he or she had committed the offence. 2001, c. 41, s. 29. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information General Sections 24-26 General Attorney General’s consent 24 No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General. 2001, c. 41, s. 29. Jurisdiction 25 An offence against this Act may be tried, in any place in Canada, regardless of where in Canada the offence was committed. 2001, c. 41, s. 29. Extraterritorial application 26 (1) A person who commits an act or omission outside Canada that would be an offence against this Act if it were committed in Canada is deemed to have committed it in Canada if the person is (a) a Canadian citizen; (b) a person who owes allegiance to Her Majesty in right of Canada; (c) a person who is locally engaged and who performs his or her functions in a Canadian mission outside Canada; or (d) a person who, after the time the offence is alleged to have been committed, is present in Canada. Jurisdiction (2) If a person is deemed to have committed an act or omission in Canada, proceedings in respect of the offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of the 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, the provisions of the Criminal Code relating to requirements that a person appear at and be present during proceedings and the exceptions to those requirements apply in respect of proceedings commenced in a territorial division under subsection (2). Person previously tried outside Canada (4) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and Current to June 20, 2022 Last amended on July 12, 2019 Security of Information General Sections 26-28 the person has been tried and dealt with outside Canada in respect of the offence in a manner such that, if the person had been tried and dealt with in Canada, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada. 2001, c. 41, s. 29. Punishment 27 Unless this Act provides otherwise, a person who commits an offence under this Act is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 12 months or to a fine of not more than $2,000, or to both. 2001, c. 41, s. 29. 28 [Repealed, 2001, c. 41, s. 130] Current to June 20, 2022 Last amended on July 12, 2019 Security of Information SCHEDULE SCHEDULE (Subsection 8(1) and section 9) Canadian Security Intelligence Service Service canadien du renseignement de sécurité Canadian Security Intelligence Service Legal Services Unit of the Department of Justice Unité des services juridiques du Service canadien du renseignement de sécurité du ministère de la Justice Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar Commission d’enquête sur les actions des responsables canadiens relativement à Maher Arar Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 Commission d’enquête relative aux mesures d’investigation prises à la suite de l’attentat à la bombe commis contre le vol 182 d’Air India Communications Branch of the National Research Council (as that Branch existed before April 1, 1975, when control and supervision of the Branch was transferred to the Department of National Defence) Direction des télécommunications du Conseil national de recherches (telle que la direction existait avant le 1er avril 1975, date du transfert de ses responsabilités au ministère de la Défense nationale) Communications Security Establishment Centre de la sécurité des télécommunications Communications Security Establishment Legal Services Unit of the Department of Justice Unité des services juridiques du Centre de la sécurité des télécommunications du ministère de la Justice Criminal Intelligence Program of the R.C.M.P. Programme des renseignements criminels de la GRC Foreign and Defence Policy Secretariat of the Privy Council Office Secrétariat de la politique étrangère et de la défense du Bureau du Conseil privé Intelligence Assessment Secretariat of the Privy Council Office Secrétariat de l’évaluation du renseignement du Bureau du Conseil privé Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin Enquête interne sur les actions des responsables canadiens relativement à Abdullah Almalki, Ahmad AbouElmaati et Muayyed Nureddin International Assessment Staff of the Privy Council Office Bureau de l’évaluation internationale du Bureau du Conseil privé National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement Current to June 20, 2022 Last amended on July 12, 2019 Security of Information SCHEDULE National Security Group of the Department of Justice Groupe sur la sécurité nationale du ministère de la Justice National Security Litigation and Advisory Group of the Department of Justice Groupe litiges et conseils en sécurité nationale du ministère de la Justice National Security Program of the R.C.M.P. Programme de sécurité nationale de la GRC Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications Office of the Inspector General of the Canadian Security Intelligence Service Bureau de l’inspecteur général du Service canadien du renseignement de sécurité Office of the Intelligence Commissioner Bureau du commissaire au renseignement Office of the National Security Advisor to the Prime Minister Bureau du conseiller en matière de sécurité nationale auprès du premier ministre Office of the Security and Intelligence Coordinator of the Privy Council Office Bureau du coordonnateur de la sécurité et du renseignement du Bureau du Conseil privé R.C.M.P. Security Service Service de sécurité de la GRC Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement Security and Intelligence Secretariat of the Privy Council Office Secrétariat de la sécurité et du renseignement du Bureau du Conseil privé Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité Technical Operations Program of the R.C.M.P., excluding the Air Services Branch Programme des opérations techniques de la GRC, à l’exclusion de la Sous-direction du service de l’air 2001, c. 41, s. 30; SOR/2004-20; SOR/2006-81, 336; 2012, c. 19, s. 386; 2013, c. 18, s. 54; SOR/2014-35; 2017, c. 15, s. 41; 2019, c. 13, s. 37; 2019, c. 13, s. 70. Current to June 20, 2022 Last amended on July 12, 2019 Security of Information RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 13, par. 82 (1) (d) References 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department: (d) the schedule to the Security of Information Act; Current to June 20, 2022 Last amended on July 12, 2019

CONSOLIDATION Special Areas Act R.S.C., 1985, c. S-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 provide for assistance to areas of Canada requiring special measures to facilitate economic expansion and social adjustment Short Title 1 Short title Interpretation 2 Definition of "Minister" Special Areas 3 Designation of special areas Plans for economic expansion Agreements 5 Agreements in respect of plans Agreements in respect of works or facilities Agreements in respect of commercial undertakings Regulations 8 Regulations Annual Report 9 Annual report Current to June 20, 2022 ii R.S.C., 1985, c. S-14 An Act to provide for assistance to areas of Canada requiring special measures to facilitate economic expansion and social adjustment Short Title Short title 1 This Act may be cited as the Special Areas Act. R.S., c. R-4, s. 1; 1980-81-82-83, c. 167, s. 19. Interpretation Definition of "Minister" 2 In this Act, Minister, in relation to any class of matters to which this Act extends in any province or region of a province, 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 in relation to that class of matters in that province or region of a province. R.S., 1985, c. S-14, s. 2; R.S., 1985, c. 11 (4th Supp.), s. 17. Special Areas Designation of special areas 3 The Governor in Council, after consultation with the government of any province, may by order designate as a special area, for the period set out in the order, any area in that province that is determined to require, by reason of the exceptional inadequacy of opportunities for productive employment of the people of that area or of the region of which that area is a part, special measures to facilitate economic expansion and social adjustment. R.S., c. R-4, s. 6. Plans for economic expansion 4 (1) The Minister shall (a) in cooperation with other departments, boards and agencies of the Government of Canada, formulate Current to June 20, 2022 Special Areas Special Areas Sections 4-5 plans for the economic expansion and social adjustment of special areas; and (b) with the approval of the Governor in Council, provide for coordination in the implementation of those plans by departments, boards and agencies of the Government of Canada and carry out such parts of those plans as cannot suitably be undertaken by such other departments, boards and agencies. Cooperation and participation (2) In formulating and carrying out plans under subsection (1), the Minister shall make provision for appropriate cooperation with the provinces in which special areas are located and for the participation of persons, voluntary groups, agencies and bodies in those special areas. R.S., c. R-4, s. 7; 1980-81-82-83, c. 167, s. 20. Agreements Agreements in respect of plans 5 (1) The Minister may, in cooperation with any province, formulate a plan of economic expansion and social adjustment in a special area and, with the approval of the Governor in Council and subject to the regulations, enter into an agreement with that province for the joint carrying out of the plan. Prior approval of plan (2) Notwithstanding subsection (1), detailed negotiation of any draft agreement under this section shall not be undertaken by or on behalf of the Minister unless the plan to which the draft agreement relates has first been approved by the Governor in Council. Provisions in agreements (3) An agreement entered into pursuant to this section may be entered into with one or more provinces in respect of one or more special areas and (a) shall provide for the use, where appropriate, of the services and facilities of other departments, boards and agencies of the Government of Canada; (b) may provide for the payment by Canada to a province of contributions in respect of the costs of the programs and projects to which the agreement relates that are to be undertaken by the government of the province or any agency thereof or any of those programs or projects; and (c) may provide that Canada and a province may procure the incorporation of one or more agencies or other bodies, to be jointly controlled by Canada and the Current to June 20, 2022 Special Areas Agreements Sections 5-7 province, for the purpose of undertaking or implementing programs or projects to which the agreement relates or any part of such programs or projects. R.S., c. R-4, s. 8. Agreements in respect of works or facilities 6 (1) The Minister may, with the approval of the Governor in Council and subject to the regulations, enter into an agreement with any province providing for the payment by Canada to the province of a grant or loan in respect of a part of the capital cost of establishing, expanding or modernizing any work or facility for the economic expansion of a special area. Restriction (2) No agreement shall be entered into pursuant to subsection (1) unless the Minister is satisfied that the establishment, expansion or modernization of the work or facility is essential to the successful implementation of a plan undertaken pursuant to section 4 or 5 and that assistance is required to enable the work or facility to be established, expanded or modernized. R.S., c. R-4, s. 9. Agreements in respect of commercial undertakings 7 (1) Where the Minister is satisfied that the establishment, expansion or modernization of any commercial undertaking in a special area is essential to the successful implementation of a plan undertaken pursuant to section 4 or 5 and that special assistance is required to enable the undertaking to be established, expanded or modernized, the Minister may, with the approval of the Governor in Council and subject to the regulations, enter into an agreement with the person carrying on or proposing to carry on the commercial undertaking in the special area providing for (a) the guarantee by Canada of payment of the principal or interest of any loan required to be obtained by that person to enable him to establish, expand or modernize the undertaking; (b) the payment by Canada of a grant or loan in respect of a part of the capital cost of establishing, expanding or modernizing the undertaking; or (c) the payment by Canada of a grant in respect of such part of the costs of bringing into commercial production and operating the new, expanded or modernized undertaking that are incurred within a period not Current to June 20, 2022 Special Areas Agreements Sections 7-8 exceeding three years from the date the new, expanded or modernized undertaking is first brought into operation as, in the opinion of the Minister, is attributable to factors associated with the location of the undertaking in the special area. Limitation on special assistance (2) An agreement described in subsection (1) shall not provide for special assistance in any amount greater than the amount, as determined by the Minister, that is required to enable the person carrying on or proposing to carry on the commercial undertaking to which the agreement relates to establish, expand or modernize the undertaking in the special area. Approval of Governor in Council not required (3) The approval of the Governor in Council is not required of an agreement described in subsection (1) where (a) the amount of the special assistance provided under the agreement does not exceed such amount as is prescribed by regulation; or (b) the special assistance provided under the agreement is for a commercial undertaking that comes within a class of commercial undertakings prescribed by regulation. R.S., c. R-4, s. 10; 1980-81-82-83, c. 167, s. 21. Regulations Regulations 8 The Governor in Council may make regulations (a) respecting the factors relating to inadequacy of opportunities for productive employment to be taken into account in determining whether an area, or the region of which an area is a part, requires special measures to facilitate economic expansion and social adjustment; (b) defining, for the purposes of this Act, the expressions "work or facility for the economic expansion of a special area" and "commercial undertaking"; (c) respecting the factors to be taken into account in determining the form and extent of any special assistance that may be provided in respect of any commercial undertaking pursuant to section 7; (d) prescribing anything required by this Act to be prescribed by regulation; and Current to June 20, 2022 Special Areas Regulations Sections 8-9 (e) generally for carrying out the purposes and provisions of this Act. R.S., c. R-4, s. 21; 1980-81-82-83, c. 167, s. 23. Annual Report Annual report 9 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after January 31 next following the end of each fiscal year, a report on the administration of this Act for that fiscal year. R.S., c. R-4, s. 22; 1980-81-82-83, c. 167, s. 24. Current to June 20, 2022

CONSOLIDATION Sikh Heritage Month Act S.C. 2019, 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 designate the month of April as Sikh Heritage Month Short Title 1 Short title Sikh Heritage Month 2 Sikh Heritage Month Current to June 20, 2022 ii S.C. 2019, c. 5 An Act to designate the month of April as Sikh Heritage Month [Assented to 30th April 2019] Preamble Whereas the Sikh population in Canada is in excess of 500,000 people, making it the second-largest Sikh population in the world; Whereas the Parliament of Canada recognizes the significant contributions that Sikh Canadians have made to Canada’s social, economic, political and cultural fabric, as well as the richness of the Punjabi language and culture and the Gurmukhi script; Whereas the month of April is meaningful for the Sikh community around the world; And whereas, by designating the month of April as Sikh Heritage Month, the Parliament of Canada would provide an opportunity to reflect on, celebrate and educate future generations about the inspirational role that Sikh Canadians have played and continue to play in communities across the country; 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 Sikh Heritage Month Act. Current to June 20, 2022 Sikh Heritage Month Act Sikh Heritage Month Section 2 Sikh Heritage Month Sikh Heritage Month 2 Throughout Canada, in each and every year, the month of April is to be known as “Sikh Heritage Month”. Current to June 20, 2022

CONSOLIDATION St. Peter’s Reserve Act S.C. 1916, 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 relating to the St. Peter’s Indian Reserve 1 Short title Patents confirmed Act retroactive Current to June 20, 2022 ii S.C. 1916, c. 24 An Act relating to the St. Peter’s Indian Reserve [Assented to 18th May 1916] WHEREAS an information on behalf of His Majesty was exhibited in the Exchequer Court of Canada on the seventeenth day of October, 1914, claiming among other things a declaration of the court that a release or surrender of the St. Peter’s Indian Reserve, situate in the county of Selkirk in the province of Manitoba, made on the twenty-fourth day of September, 1907, was invalid and void, and that all patents heretofore issued for lands included in the said Reserve and certain alleged sales of land in the said Reserve might be declared void and of no effect; and whereas His Majesty has since consented to confirm and make good certain of the patents and, subject to the terms and conditions hereinafter set out, certain of the sales made: Therefore His 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 St. Peter’s Reserve Act. Patents confirmed 2 The patents of lands included in the said St. Peter’s Reserve issued by His Majesty and the sales of such lands made on behalf of His Majesty in the said Reserve are hereby confirmed and made good,— Lands held by Indians (a) in cases where such lands were unsold and were held by the Indian patentees on the first day of June, 1915; and Current to June 20, 2022 St. Peter’s Reserve Sections 2-3 Lands on which one dollar per acre has been paid (b) in cases where the additional sum of one dollar for each acre of such lands included in such patent or sale, together with interest at the rate of five per centum per annum from the first day of June, 1915, until payment, has been or is paid to His Majesty; and Lands where lien is given for payment of one dollar per acre (c) in cases where the owner gives His Majesty a lien creating a first charge upon the lands, subject only to taxes, for the sum of one dollar for each acre of such lands included in such patent or sale, payable in five equal annual instalments with interest at the rate of five per centum per annum from the first day of June, 1915, the first of such instalments and interest to be due and payable on the first day of June, 1916, such lien to be effected by an endorsement of the lien or a caveat respecting same on the Certificate of Title issued to the owner by the District Registrar of the proper Land Titles Office: Provided that such lien may be paid in full at any time during the said five years with interest as aforesaid to the date of payment. Discharge of lien The Certificate of the Deputy Superintendent General of Indian Affairs certifying that a lien has been paid and satisfied shall be a valid discharge of such lien. Act retroactive 3 This Act shall be deemed to have come into force on the first day of June, A.D., 1915. Current to June 20, 2022

CONSOLIDATION Special Economic Measures Act S.C. 1992, c. 17 Current to June 20, 2022 Last amended on October 18, 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 October 18, 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 October 18, 2017 TABLE OF PROVISIONS An Act to provide for the imposition of special economic measures Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Orders and Regulations 4 Orders and regulations Costs Administration and Enforcement 6 Enforcement Tabling in Parliament Offence and punishment Peace officers for the purposes of this Act Evidence Proceedings Consent of Attorney General required Current to June 20, 2022 Last amended on October 18, 2017 ii S.C. 1992, c. 17 An Act to provide for the imposition of special economic measures [Assented to 4th 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 Special Economic Measures Act. Interpretation Definitions 2 In this Act, Canadian means a person who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated or continued by or under the laws of Canada or of a province; (Canadien) entity means a body corporate, trust, partnership, fund, an unincorporated association or organization or a foreign state; (entité) foreign state means a country other than Canada, and includes (a) any political subdivision of a foreign state, (b) the government, and any department, of a foreign state or of a political subdivision thereof, and (c) any agency of a foreign state or of a political subdivision thereof; (État étranger) Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Interpretation Sections 2-4 national, in relation to a foreign state, means an individual who possesses the nationality of that state as determined in accordance with the laws of that state or a body corporate incorporated or continued by or under the laws of that state; (nationaux) person means an individual or an entity; (personne) property means any real or personal property; (bien) technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information or know-how. (données techniques) Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Orders and Regulations Orders and regulations 4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (1.1) has occurred, (a) make such orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) in relation to a foreign state as the Governor in Council considers necessary; and (b) by order, cause to be seized, frozen or sequestrated in the manner set out in the order any property situated in Canada that is held by or on behalf of (i) a foreign state, (ii) any person in that foreign state, or (iii) a national of that foreign state who does not ordinarily reside in Canada. Circumstances (1.1) The circumstances referred to in subsection (1) are the following: (a) an international organization of states or association of states, of which Canada is a member, has made a decision or a recommendation or adopted a resolution calling on its members to take economic measures against a foreign state; Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Orders and Regulations Section 4 (b) a grave breach of international peace and security has occurred that has resulted in or is likely to result in a serious international crisis; (c) gross and systematic human rights violations have been committed in a foreign state; or (d) a national of a foreign state who is either a foreign public official, within the meaning of section 2 of the Corruption of Foreign Public Officials Act, or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of corruption — including bribery, the misappropriation of private or public assets for personal gain, the transfer of the proceeds of corruption to foreign states or any act of corruption related to expropriation, government contracts or the extraction of natural resources — which amount to acts of significant corruption when taking into consideration, among other things, their impact, the amounts involved, the foreign national’s influence or position of authority or the complicity of the government of the foreign state in question in the acts. Restricted or prohibited activities (2) Orders and regulations may be made pursuant to paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada, in relation to a foreign state: (a) any dealing by any person in Canada or Canadian outside Canada in any property wherever situated held by or on behalf of that foreign state, any person in that foreign state, or a national of that foreign state who does not ordinarily reside in Canada; (b) the exportation, sale, supply or shipment by any person in Canada or Canadian outside Canada of any goods wherever situated to that foreign state or any person in that foreign state, or any other dealing by any person in Canada or Canadian outside Canada in any goods wherever situated destined for that foreign state or any person in that foreign state; (c) the transfer, provision or communication by any person in Canada or Canadian outside Canada of any technical data to that foreign state or any person in that foreign state; (d) the importation, purchase, acquisition or shipment by any person in Canada or Canadian outside Canada of any goods that are exported, supplied or shipped from that foreign state after a date specified in the order or regulations, or any other dealing by any Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Orders and Regulations Section 4 person in Canada or Canadian outside Canada in any such goods; (e) the provision or acquisition by any person in Canada or Canadian outside Canada of financial services or any other services to, from or for the benefit of or on the direction or order of that foreign state or any person in that foreign state; (f) the docking in that foreign state of ships registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament; (g) the landing in that foreign state of aircraft registered in Canada or operated in connection with a Canadian air service licence; (h) the docking in or passage through Canada by ships registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or a person in that foreign state; and (i) the landing in or flight over Canada by aircraft registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or any person in that foreign state. Exclusions (3) Any order or regulation made pursuant to subsection (1) may exclude any person, property, goods, technical data, services, transactions, ships or aircraft or any class thereof from the application of the order or regulation. Order authorizing Minister (4) The Governor in Council may, by order, authorize a Minister of the Crown in right of Canada to issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or any class thereof, that is restricted or prohibited pursuant to this Act or any order or regulations made under this Act. Ministerial permit (5) The Minister may issue a permit pursuant to subsection (4), subject to such terms and conditions as are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act. Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Orders and Regulations Sections 4-6 Idem (6) The Minister may amend, suspend, revoke or reinstate any permit issued by the Minister under subsection (4). 1992, c. 17, s. 4; 2017, c. 21, s. 17. Costs 5 (1) Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure, freezing or sequestration of property pursuant to an order made under paragraph 4(1)(b) are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction. Sale under execution (2) The property referred to in subsection (1) may be sold under execution of a judgment in favour of Her Majesty in right of Canada for the costs referred to in that subsection and, subject to subsection (3), the proceeds of the sale shall first be applied in execution of the judgment and any balance shall be paid to the owner of the property. Existing equities maintained (3) All secured and unsecured rights and interests held by persons, other than (a) a foreign state to which the order referred to in subsection (1) applies, (b) persons in that foreign state, and (c) nationals of that foreign state who do not ordinarily reside in Canada, are entitled to the same ranking with respect to the rights and interests of Her Majesty and the owner in the proceeds of the sale referred to in subsection (2) as they would have been entitled to had this section not been enacted. 1992, c. 17, s. 5; 2001, c. 4, s. 120. Administration and Enforcement Enforcement 6 (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act. Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Administration and Enforcement Sections 6-7 Designation (2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge such responsibilities as the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act. Assessment of claims for compensation (3) The Governor in Council may, by order, designate a Minister of the Crown as a Minister having the duty, for the purpose only of submitting a report to the Governor in Council with respect to claims for compensation, to receive and assess reasonable claims for compensation from any person who alleges to have suffered any loss or damages as a result of anything done or purported to have been done under this Act or any order or regulations made under this Act. 1992, c. 17, s. 6; 1995, c. 5, s. 25. Tabling in Parliament 7 (1) Every order and regulation made under section 4 shall be laid before each House of Parliament by a member of the Queen’s Privy Council for Canada within five sitting days of that House after it is made. Filing of motion (2) Where an order or regulation has been laid before a House of Parliament pursuant to subsection (1), a motion for the consideration of that House, to the effect that the order or regulation be amended or revoked, signed by (a) not less than fifty members of the House of Commons, in the case of a motion for the consideration of the House of Commons, and (b) not less than twenty members of the Senate, in the case of a motion for the consideration of the Senate, may be filed with the Speaker of that House. Consideration of motion (3) Where a motion for the consideration of a House of Parliament is filed in accordance with subsection (2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and is being considered in the other House. Time for disposition of motion (4) A motion taken up and considered in a House of Parliament in accordance with subsection (3) shall be Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Administration and Enforcement Section 7 debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary for the disposal of the motion. Procedure on adoption of motion (5) If a motion taken up and considered in a House of Parliament in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House. Procedure in other House (6) Within the first fifteen days that it is sitting after receiving a request pursuant to subsection (5), the House receiving the request shall take up and consider the motion that is the subject of the request, and all questions in connection with the motion shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary to determine whether or not the motion is concurred in. Where motion adopted and concurred in (7) Where a motion taken up and considered in accordance with this section is adopted, with or without amendments, by the House of Parliament in which it was introduced and is concurred in by the other House, the order or regulation to which the motion relates is revoked or amended effective on the day specified in the motion, which day may not be earlier than the day of the vote of concurrence. Where motion not adopted or not concurred in (8) Where a motion taken up and considered in accordance with this section is not adopted by the House of Parliament in which it was introduced, or is adopted, with or without amendments, by that House but is not concurred in by the other House, the order or regulation to which the motion relates shall remain unaffected. Report of the Governor in Council (9) The Governor in Council shall submit a full report on the operation of any order or regulation made pursuant to the Act within sixty sitting days after the said order or regulation has ceased to have effect and the report shall Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Administration and Enforcement Sections 7-10 be referred to a committee to be designated by each House of Parliament. Offence and punishment 8 Every person who wilfully contravenes or fails to comply with an order or regulation made under section 4 (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding twentyfive thousand dollars or to imprisonment for a term not exceeding one year, or to both; or (b) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years. Peace officers for the purposes of this Act 9 (1) A person having the powers of an officer under the Customs Act, the Excise Act or the Excise Act, 2001 is deemed to be a peace officer for the purposes of this Act and sections 487 to 490, 491.l and 491.2 of the Criminal Code. Search and seizure (2) A peace officer may search any building, receptacle or place for anything (a) in respect of which there are reasonable grounds to believe that any offence against this Act has been committed, (b) that there are reasonable grounds to believe has been used in the commission of an offence against this Act, or (c) that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impractical to obtain a warrant, and may seize any such thing found therein. 1992, c. 17, s. 9; 2002, c. 22, s. 396. Evidence 10 (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document is admissible in evidence in a prosecution under this Act in relation to any dealing with respect to goods where it appears from the document that (a) the goods were sent or shipped from Canada or into Canada; Current to June 20, 2022 Last amended on October 18, 2017 Special Economic Measures Administration and Enforcement Sections 10-12 (b) a person, as shipper, consignor or consignee, sent or shipped the goods from Canada or into Canada; or (c) the goods were sent or shipped to a particular destination or person. Proof of the facts (2) In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document. Proceedings 11 (1) Any proceedings in respect of an offence under this Act may be tried and determined by the court having jurisdiction at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of commencement of the proceedings. Proceedings where Canadians outside Canada (2) Where a Canadian is alleged to have committed, outside Canada, an offence against this Act, any proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused 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. Idem (3) For greater certainty, the provisions of the Criminal Code relating to (a) requirements that an accused appear at and be present during proceedings, and (b) the exception to those requirements, apply to proceedings commenced in any territorial division pursuant to subsection (2). Consent of Attorney General required 12 Proceedings with respect to an offence under this Act may only be commenced with the consent of the Attorney General of Canada. Current to June 20, 2022 Last amended on October 18, 2017

CONSOLIDATION Saskatchewan Treaty Land Entitlement Act S.C. 1993, c. 11 Current to June 20, 2022 Last amended on August 27, 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 27, 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 27, 2019 TABLE OF PROVISIONS An Act respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 22, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands, and respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 23, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Nekaneet band Short Title 1 Short title Interpretation 2 Definitions General 3 Confirmation of NRTA Amendment Agreement Account to be established Amounts not Indian moneys Amounts received before setting apart reserve Common law riparian rights Authority of bands to enter into agreements Authority respecting mineral revenues *11 Application of Act to Indian bands that have not signed the Framework Agreement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement SCHEDULE 1 Current to June 20, 2022 Last amended on August 27, 2019 ii Saskatchewan Treaty Land Entitlement TABLE OF PROVISIONS SCHEDULE II Provisions of the Framework Agreement SCHEDULE III Provisions of the Nekaneet Agreement Current to June 20, 2022 Last amended on August 27, 2019 iv S.C. 1993, c. 11 An Act respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 22, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands, and respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 23, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Nekaneet band [Assented to 30th March 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 Saskatchewan Treaty Land Entitlement Act. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement Interpretation Section 2 Interpretation Definitions 2 (1) In this Act, band means (a) the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands, (b) an Indian band that adheres to the Framework Agreement under subsection 11(1), and (c) an Indian band that is a party to an agreement to which this Act applies by virtue of subsection 11(2); (bande) Framework Agreement means the Saskatchewan Treaty Land Entitlement Framework Agreement entered into on September 22, 1992, pursuant to which Canada’s outstanding treaty land entitlement obligations are to be fulfilled in respect of those bands that are parties to that Agreement, certain provisions of which are set out in Schedule II; (accord-cadre) Minister means the Minister of Indigenous Services; (ministre) Nekaneet Agreement means the Nekaneet Treaty Land Entitlement Settlement Agreement entered into on September 23, 1992, pursuant to which Canada’s outstanding treaty land entitlement obligations are fulfilled in respect of the Nekaneet band, certain provisions of which are set out in Schedule III; (accord Nekaneet) Nekaneet band means the Nekaneet band of Indians of Saskatchewan; (bande de Nekaneet) NRTA Amendment Agreement means the agreement to vary the Natural Resources Transfer Agreement (NRTA) entered into between the Government of Canada and the Government of Saskatchewan and set out in Schedule I. (accord modifiant la CTRN) Definitions (2) Words and expressions that are not defined in this Act have the same meaning as in the NRTA Amendment Agreement. 1993, c. 11, s. 2; 2002, c. 3, s. 11; 2019, c. 29, s. 375. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement General Sections 3-4 General Confirmation of NRTA Amendment Agreement 3 (1) The NRTA Amendment Agreement is hereby confirmed and shall take effect according to its terms. Confirmation of other agreements (2) If, either before or after the coming into force of this subsection, (a) an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, and (b) in connection with the agreement referred to in paragraph (a), the Government of Canada and the Government of Saskatchewan enter into an agreement in the same or substantially the same form as the NRTA Amendment Agreement, the agreement between the Government of Canada and the Government of Saskatchewan referred to in paragraph (b) is hereby confirmed and shall take effect according to its terms. 1993, c. 11, s. 3; 2002, c. 3, s. 12. Account to be established 4 (1) There is hereby established a special account in the accounts of Canada to be known as the Treaty Land Entitlement (Saskatchewan) Fund. Credits to Fund * (2) There shall be (a) credited to the Treaty Land Entitlement (Saskatchewan) Fund the balance remaining of all amounts that were paid into the Consolidated Revenue Fund, prior to the coming into force of this Act, as contributions by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement, together with any interest credited to those amounts by Her Majesty in right of Canada pursuant to subsection 3.07(c) of that Agreement; (b) paid into the Consolidated Revenue Fund and credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed, after the coming into force of this Act, by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement; and (c) credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement General Sections 4-8 by Her Majesty in right of Canada pursuant to section 3.08 of the Framework Agreement. * [Note: Act in force on assent March 30, 1993.] Payments out of Consolidated Revenue Fund (3) There shall, on the recommendation of the Minister, be paid out of the Consolidated Revenue Fund and charged to the Treaty Land Entitlement (Saskatchewan) Fund any amount that is required to be paid pursuant to the Framework Agreement. Interest (4) There shall be credited to the Treaty Land Entitlement (Saskatchewan) Fund an amount that represents interest on the balance of the Fund, calculated in accordance with such terms and conditions and at such rates as the Minister of Finance, after considering any advice provided by the Minister, shall fix. Amounts not Indian moneys 5 For greater certainty, the following amounts are not Indian moneys within the meaning of the Indian Act: (a) amounts that are paid into or out of the Treaty Land Entitlement (Saskatchewan) Fund pursuant to the Framework Agreement; and (b) subject to section 6, amounts that are paid to or for the benefit of a band under the Framework Agreement or the Nekaneet band under the Nekaneet Agreement. Amounts received before setting apart reserve 6 Any amounts that are received by the Receiver General in respect of entitlement land that is held in the name of Her Majesty in right of Canada on behalf of a band or of the Nekaneet band, before the entitlement land is set apart as an entitlement reserve, are revenue moneys of the band or the Nekaneet band pursuant to the Indian Act. Common law riparian rights 7 Sections 6.04, 6.05 and 6.11 of the Framework Agreement and sections 6.04, 6.05 and 6.11 of the Nekaneet Agreement are hereby confirmed. Authority of bands to enter into agreements 8 (1) For the purposes of this Act and for greater certainty, a band and the Nekaneet band have the capacity to enter into (a) subject to section 6.10 of the Framework Agreement or section 6.10 of the Nekaneet Agreement, a comanagement agreement in respect of the matters Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement General Sections 8-11 referred to in sections 6.07, 6.08 and 6.09 of the Framework Agreement or sections 6.07, 6.08 and 6.09 of the Nekaneet Agreement; and (b) an agreement in respect of the matters referred to in sections 9.01 and 11.10 of the Framework Agreement or sections 9.01 and 11.10 of the Nekaneet Agreement. Agreement binding on band (2) For greater certainty, an agreement that is entered into under subsection (1) is binding, according to its terms, on a band or on the Nekaneet band and, where applicable, on the members of the band or of the Nekaneet band. 9 [Repealed, 2018, c. 27, s. 679] Authority respecting mineral revenues 10 Where the ownership of mineral rights is transferred by Her Majesty in right of Saskatchewan in the manner set out in subsection 5.08(a) of the Framework Agreement or in subsection 5.08(a) of the Nekaneet Agreement, Her Majesty in right of Canada is authorized to receive, for the use and benefit of the band or the Nekaneet band, the mineral revenues and shall, on a direction from the council of the band or the council of the Nekaneet band, pay to Her Majesty in right of Saskatchewan the amounts that are referred to in subparagraph 5.08(a)(ii) of the Framework Agreement or subparagraph 5.08(a)(ii) of the Nekaneet Agreement. Application of Act to Indian bands that have not signed the Framework Agreement 11 (1) Where the Joseph Bighead band, the Onion Lake band, the Peter Ballantyne band or the Poundmaker band adheres to the Framework Agreement, this Act applies to that Indian band on the later of * (a) the day on which that Indian band adheres to the Framework Agreement, in accordance with its provisions, and (b) the day on which this Act comes into force. * [Note: Act in force on assent March 30, 1993.] Application of Act to other agreements (2) Where an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, the Minister shall, having regard to subsection 9(4), cause a notice to be published in the Canada Gazette confirming the extent to which this Act applies to that agreement. 1993, c. 11, s. 11; 2002, c. 3, s. 14. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement SCHEDULE I (Subsection 2(1)) An Agreement To Vary the Natural Resources Transfer Agreement MEMORANDUM OF AGREEMENT made the 8th day of December, 1992 BETWEEN: THE GOVERNMENT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development, (hereinafter referred to as “Canada”) OF THE FIRST PART AND: THE GOVERNMENT OF THE PROVINCE OF SASKATCHEWAN, as represented by the Minister responsible for the Indian and Métis Affairs Secretariat, (hereinafter referred to as “Saskatchewan”) OF THE SECOND PART WHEREAS a Memorandum of Agreement between Canada and Saskatchewan made the 20th day of March, 1930 (hereinafter referred to as the “Natural Resources Transfer Agreement”) was duly approved by the Parliament of Canada and the Legislature of Saskatchewan and, upon an address to His Majesty from the Senate and House of Commons of Canada, was confirmed and declared to have the force of law by an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland entitled the Constitution Act, 1930; AND WHEREAS, pursuant to paragraph 26 of the Natural Resources Transfer Agreement, it was agreed that the provisions of the Natural Resources Transfer Agreement may be varied by an agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of Saskatchewan; AND WHEREAS paragraphs 10 and 11 of the Natural Resources Transfer Agreement provide as follows: 10 All lands included in Indian reserves within the Province, including those selected and surveyed but not yet confirmed, as well as those confirmed, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, and the Province will from time to time, upon the request of the Superintendent General of Indian Affairs, set aside, out of the unoccupied Crown lands hereby transferred to its administration, such further areas as the said Superintendent General may, in agreement with the appropriate Minister of the Province, select as necessary to enable Canada to fulfill its obligations under the treaties with the Indians of the Province, and such areas shall thereafter be administered by Canada in the same way in all respects as if they had never passed to the Province under the provisions hereof. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement The provisions of paragraphs one to six inclusive and of paragraph eight of the agreement made between the Government of the Dominion of Canada and the Government of the Province of Ontario on the 24th day of March, 1924, which said agreement was confirmed by statute of Canada, fourteen and fifteen George the Fifth chapter forty-eight shall (except so far as they relate to the Bed of Navigable Waters Act) apply to the lands included in such Indian reserves as may hereafter be set aside under the last preceding clause as if the said agreement had been made between the parties hereto, and the provisions of the said paragraphs shall likewise apply to the lands included in the reserves heretofore selected and surveyed, except that neither the said lands nor the proceeds of the disposition thereof shall in any circumstances become administrable by or be paid to the Province. AND WHEREAS Canada, Saskatchewan and the Entitlement Bands have negotiated and concluded the Framework Agreement, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Entitlement Bands are to be fulfilled; AND WHEREAS Canada, Saskatchewan and the Nekaneet Band have negotiated the Nekaneet Settlement Agreement, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Nekaneet Band are also to be fulfilled; AND WHEREAS Canada and Saskatchewan have agreed that, in consideration of the financial and land related contributions to be made by Saskatchewan pursuant to the Framework Agreement and the Nekaneet Settlement Agreement, Saskatchewan’s obligations under paragraph 10 of the Natural Resources Transfer Agreement in respect of the Nekaneet Band and each Entitlement Band shall, subject to ratification, execution and delivery of their respective Band Specific Agreements, be fulfilled on the earlier of the date such Indian Band reaches its respective Shortfall Acres Acquisition Date or the dates hereinafter referred to; AND WHEREAS paragraph 6 of the agreement made between Canada and the Government of the Province of Ontario on the 24th day of March, 1924, provides as follows: 6 Except as provided in the next following paragraph, one-half of the consideration payable, whether by way of purchase money, rent, royalty or otherwise, in respect of any sale, lease or other disposition of a mining claim staked as aforesaid, and, if in any other sale, lease or other disposition hereafter made of Indian Reserve lands in the Province of Ontario, any minerals are included, and the consideration for such sale, lease or other disposition was to the knowledge of the Department of Indian Affairs affected by the existence or supposed existence in the said lands of such minerals, onehalf of the consideration payable in respect of any such other sale, lease or other disposition, shall forthwith upon its receipt from time to time, be paid to the Province of Ontario; the other half only shall be dealt Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement with by the Dominion of Canada as provided in the paragraph of this agreement numbered 1. AND WHEREAS Canada and Saskatchewan have further agreed that Saskatchewan should not be entitled to any consideration in respect of any sale, lease or other disposition of any mining claim or minerals on or in any lands set apart as an Entitlement Reserve. NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS: 1 In this Agreement, including the recitals, the following capitalized terms shall have the following meanings hereafter ascribed to them: Band Specific Agreement means, in respect of a particular Entitlement Band, an agreement in the form contemplated pursuant to the Framework Agreement, to be entered into between the Entitlement Band and Canada to give full effect to the provisions of the Framework Agreement among such Entitlement Band, Canada and Saskatchewan and, for the purposes of this Agreement only, shall, in respect of the Nekaneet Band, be deemed to include the Nekaneet Settlement Agreement; (accord particulier) Entitlement Band means any one of those Indian Bands (excluding the Nekaneet Band) listed in Schedule 1 to this Agreement which executes the Framework Agreement on the Execution Date, or which thereafter adheres to the Framework Agreement in accordance with the provisions thereof; (bande ayant droit à des terres) Entitlement Land means land in Saskatchewan which is hereafter purchased or otherwise acquired by an Entitlement Band or the Nekaneet Band pursuant to the provisions of a Band Specific Agreement to be set apart as an Entitlement Reserve; (terres dues en vertu d’un traité) Entitlement Reserve means Entitlement Land which is set apart by Canada as a Reserve for the use and benefit of an Entitlement Band or the Nekaneet Band pursuant to a Band Specific Agreement; (nouvelle réserve) Execution Date means the date that Canada and Saskatchewan executed the Framework Agreement; (date de référence) Framework Agreement means the agreement among Canada, Saskatchewan and the Entitlement Bands executed by Canada and Saskatchewan on the Execution Date, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Entitlement Bands, and Saskatchewan’s outstanding obligations to Canada under paragraph 10 of the Natural Resources Transfer Agreement, may be fulfilled; (accordcadre) Nekaneet Band means the Nekaneet Band of Indians of Saskatchewan; (bande de Nekaneet) Nekaneet Settlement Agreement means the agreement negotiated and initialled for approval by each of Canada, Saskatchewan and the Nekaneet Band to be hereafter ratified, executed and formally concluded in Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement accordance with the provisions thereof; (accord de règlement avec la bande de Nekaneet) Reserve means a “reserve” within the meaning of the Indian Act, R.S.C. 1985, c. I-5, as such statute may be amended or replaced from time to time; (réserve) Shortfall Acres means, in respect of a particular Entitlement Band or the Nekaneet Band, that area of land (including all existing minerals and improvements in respect thereof), the total acreage of which is set forth in respect of each such Entitlement Band and the Nekaneet Band in Schedule 1; (superficie manquante) Shortfall Acres Acquisition Date means, in respect of a particular Entitlement Band or the Nekaneet Band, the date upon which Entitlement Land (including all existing minerals and improvements in respect thereof) in an aggregate area at least equal to such Entitlement Band’s Shortfall Acres (or, in the case of the Nekaneet Band, its Shortfall Acres) has hereinafter been transferred to Canada and is set apart as an Entitlement Reserve or Entitlement Reserves; (date d’acquisition d’une superficie manquante) Treaty Land Entitlement (Saskatchewan) Fund means the fund established pursuant to the Framework Agreement and to be administered by Canada for the purpose of, inter alia, accepting and depositing payments by Saskatchewan in respect of the Entitlement Bands. (Fonds de règlement des droits fonciers issus des traités en Saskatchewan) 2 Canada hereby agrees that the Superintendent General of Indian Affairs shall not request Saskatchewan to set aside any land pursuant to paragraph 10 of the Natural Resources Transfer Agreement to fulfil Canada’s obligations under the treaties in respect of any Entitlement Band or the Nekaneet Band, that ratifies, executes and delivers a Band Specific Agreement (or in respect of the past, present and future members of such Indian Bands), as long as Saskatchewan is paying to Canada and the Treaty Land Entitlement (Saskatchewan) Fund the amounts required to be paid by Saskatchewan in respect of each of the said Entitlement Bands in accordance with the Framework Agreement and Saskatchewan has not failed, in any material way, to comply with its other obligations thereunder or, in the case of the Nekaneet Band, has not failed in any material way to comply with its obligations under the Nekaneet Settlement Agreement. 3 Notwithstanding section 2 hereof, Canada further agrees that it will forever release and discharge Saskatchewan from all of its obligations pursuant to paragraph 10 of the Natural Resources Transfer Agreement in respect of each Entitlement Band and the Nekaneet Band that has entered into a Band Specific Agreement; (a) in the case of any Entitlement Band, from and after the earlier of: (i) the date upon which such Entitlement Band reaches its Shortfall Acres Acquisition Date; or (ii) the date upon which Saskatchewan has paid all amounts required to be paid by Saskatchewan to Canada and the Treaty Land Entitlement Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement (Saskatchewan) Fund pursuant to the Framework Agreement in respect of such Entitlement Band; and (b) in the case of the Nekaneet Band, from and after the earlier of: (i) the date upon which the Nekaneet Band reaches its Shortfall Acres Acquisition Date; or (ii) the fifth (5th) anniversary of the date that Canada, Saskatchewan and the Nekaneet Band formally execute the Nekaneet Settlement Agreement. 4 Saskatchewan agrees to relinquish any claim that it may have pursuant to paragraph 11 of the Natural Resources Transfer Agreement to any of the consideration payable in respect of any sale, lease or other disposition of any mining claim or minerals on or in any lands set apart as an Entitlement Reserve. 5 This Agreement shall take effect upon being duly approved by Acts of the Parliament of Canada and the Legislature of the Province of Saskatchewan. IN WITNESS WHEREOF the parties hereto have set their hands on the day and year first above written. Signed on behalf of the Government of Canada, as represented by the Honourable Minister of Indian Affairs and Northern Development, in the presence of: _________________ ____________________________ Witness The Honourable Tom Siddon Minister of Indian Affairs and Northern Development Signed on behalf of the Government of Saskatchewan as represented by the Honourable Minister responsible for the Indian and Métis Affairs Secretariat, in the presence of: ___________________ ____________________________ Witness The Honourable Robert Mitchell, Q.C. Minister responsible for the Indian and Métis Affairs Secretariat SCHEDULE 1 Name of Band Shortfall Acres Beardy’s & Okemasis Canoe Lake English River Flying Dust Joseph Bighead Keeseekoose Little Pine Moosomin Mosquito Grizzly Bear’s Head Muskeg Lake 11,648.00 6,885.00 13,040.70 6,788.00 3,615.10 7,552.00 30,720.00 24,960.00 20,096.00 3,072.00 Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE I An Agreement To Vary the Natural Resources Transfer Agreement Name of Band Shortfall Acres Muskowekwan Nut Lake/Yellowquill Ochapowace Okanese One Arrow Onion Lake Pelican Lake Peter Ballantyne Piapot Poundmaker Red Pheasant Saulteaux Star Blanket Sweetgrass Thunderchild Witchekan Lake Nekaneet 18,121.26 11,801.60 44,928.00 6,905.60 10,752.00 25,984.00 5,961.60 22,465.56 39,073.02 13,824.00 20,118.00 16,845.13 4,672.00 8,192.00 38,464.00 7,923.00 16,160.00 Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement SCHEDULE II (Subsection 2(1)) Provisions of the Framework Agreement ARTICLE 1 Definitions and Interpretation 1.01 DEFINITIONS: In this Agreement, the following capitalized terms shall have the meanings hereafter ascribed to them, namely: Act means the Indian Act, R.S.C. 1985, c. I-5, and the regulations made thereunder, as amended from time to time, or any federal legislation enacted in substitution therefor or in modification thereof, that is applicable to the Entitlement Bands; (Loi) Agreement, this Agreement, hereto, hereof, herein, hereunder, hereby and similar expressions, and any reference to Framework Agreement refer, unless otherwise expressly stated, to this agreement, including the recitals, the Schedules and the Appendices attached hereto, and not to any particular article, section, subsection, subparagraph or other subdivision hereof or thereof; (accord) Discernible Surface Outlet means a defined and ascertainable channel through which water normally flows for not less than seven (7) consecutive days each year; (débouché visible en surface) Entitlement Band means any of those twenty-six (26) Bands (which, for greater certainty, excludes the Nekaneet Band of Indians of Saskatchewan) in respect of which: (a) Canada has, prior to the Execution Date, accepted for negotiation a claim for outstanding Treaty land entitlement under the terms of Treaty Number Four, Treaty Number Six or Treaty Number Ten; and (b) its Chief is now a signatory hereto or, alternatively, hereafter becomes a signatory hereto in accordance with the provisions of Article 10; (bande ayant droit à des terres) Entitlement Land means Lands, Minerals or Improvements in Saskatchewan hereafter Purchased and which are intended to be set apart as an Entitlement Reserve pursuant to the provisions of a Band Specific Agreement, the Trust Agreement and this Agreement; (terres dues en vertu d’un traité) Entitlement Reserve means Entitlement Land which is set apart by Canada as a Reserve for the use and benefit of an Entitlement Band in accordance with its Band Specific Agreement and this Agreement; (nouvelle réserve) Improvements means all buildings or structures erected or placed on, over or under Land and, unless otherwise expressly provided herein, includes, without limitation, Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement anything affixed to or incorporated therein, the plant and equipment of any oil or gas well or mine, any pipeline on or under Land, fencing, and any dugouts or other alterations to Land designed to facilitate the collection and retention of water; (améliorations) Land or Lands means real property, chattels real, or any interests therein or in the nature thereof and, unless the context otherwise requires, excludes Minerals and Improvements; (terre ou terres) Member means, in respect of a particular Entitlement Band, a member of such Entitlement Band within the meaning of the Act and shall include all registered Indians recorded on the Department’s Indian Register in respect of the Entitlement Band; (membre) Minerals means any non-viable substance formed by the processes of nature, irrespective of chemical or physical state, and includes such substances both before and after extraction, or any interest in the same, and further includes any interest or improvement in the nature of a mine but does not include any surface or ground water, agricultural soil, sand or gravel; (minéraux) Purchase or Purchased means a purchase of Land, Minerals or Improvements by the Trustees or an agent of an Entitlement Band in accordance with the requirements of its Trust Agreement and Band Specific Agreement, and may include the acquisition of ownership rights by means other than a transaction of purchase and sale; (achat ou acheté) Road Allowance means land held by Saskatchewan which was at any time intended for use by the general public for the passage of vehicles, whether actually used for that purpose or not; (réserves de chemin) Treaties means, collectively, Treaty Number Four, Treaty Number Six, and Treaty Number Ten, and Treaty means any one of such Treaties; (traités) Waterbody means any river, stream, lake, pond, swamp, marsh, or other body of water; and (nappe d’eau) Water Project means: (a) any drain, dyke, dam or other work that is proposed to divert or impound water, or any alteration, addition to, or elimination of, any such drain, dyke, dam or other work; (b) any act which results in the emission of water or other substance into a Waterbody; or (c) any use of water; that affects, or if constructed or carried out could reasonably be anticipated to affect, the existing quantity, quality or rate of flow, in a discernible way, of water in a Waterbody and which, if constructed or carried out on lands subject to the jurisdiction of Saskatchewan, would require a licence or other approval under the laws of Saskatchewan. (projet d’aménagement hydraulique) Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement ARTICLE 6 Water 6.01 WHOLLY ENCLOSED WATERBODIES: (a) If a surface or subsurface Waterbody is wholly enclosed within the boundaries of any Entitlement Lands and has no Discernible Surface Outlet beyond the boundaries of the Entitlement Lands, Saskatchewan shall, without compensation, transfer to Canada all water, beds and shores of that Waterbody, effective upon creation of the Entitlement Reserve with respect to those Entitlement Lands. (b) For the purposes of this Article, ownership of Road Allowances intersecting a Waterbody shall not be considered in determining whether or not a Waterbody is wholly enclosed within Entitlement Land. 6.02 TRANSFER OF BEDS AND SHORES IN CERTAIN CIRCUMSTANCES: Saskatchewan agrees to give favourable consideration to offers from an Entitlement Band to Purchase the beds and shores of any Waterbody adjacent to Entitlement Land. Nothing in this Agreement shall be interpreted as requiring Saskatchewan to sell the beds and shores of such Waterbodies. 6.03 RESERVE BOUNDARIES: Where Entitlement Land adjacent to a Waterbody is set apart as an Entitlement Reserve, the parties agree that: (a) the boundary of the Entitlement Reserve shall be the ordinary high water mark for such Waterbody; (b) the Entitlement Reserve shall not include within its boundaries any portion of the bed or the shore of the Waterbody below the ordinary high water mark unless Saskatchewan has expressly agreed to transfer the beds and shores in accordance with section 6.02; and (c) subject to compliance with the Navigable Waters Protection Act, R.S.C. 1985, c. N-22, the Entitlement Band shall have the right to place a dock, wharf or pier on the bed of the Waterbody along the boundary of any such Waterbody which is adjacent to an Entitlement Reserve, without needing to obtain any licence or to pay any fee or compensation whatsoever. 6.04 RIPARIAN RIGHTS: The Entitlement Band shall, immediately upon creation of an Entitlement Reserve, have full common law riparian rights with respect to the use and occupation of that Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement Entitlement Reserve adjacent to a Waterbody, but, for greater certainty, the principle of ad medium filium aquae shall be inapplicable unless the affected beds and shores have otherwise been acquired by the Entitlement Band under section 6.02. 6.05 NON-ENFORCEMENT OF RIPARIAN RIGHTS IN CERTAIN CASES: (a) (b) Where an Entitlement Reserve is established adjacent to a Waterbody, the Entitlement Bands agree with Canada and Saskatchewan that the common law riparian rights referred to in section 6.04 shall be unenforceable by injunction, mandamus, prohibition, or similar prerogative writ for the purposes of preventing or delaying any Water Project provided that: (i) Canada, and any Entitlement Band whose common law riparian rights have been affected, were notified at least six (6) months in advance of any decision in relation to the approval of any Water Project; and (ii) any Entitlement Band whose common law riparian rights have been affected by any such Water Project shall have been afforded active and meaningful participation in any decision by a decision making authority concerned with the approval or operation of any such Water Project. The parties agree that nothing in this section limits the right of an Entitlement Band to seek or obtain monetary compensation from Saskatchewan (including costs associated with obtaining such compensation) for damages suffered as the result of any interference with, loss of, or damage to, an Entitlement Band’s common law riparian rights. 6.06 ENVIRONMENTAL ASSESSMENTS AND CONSIDERATION OF INDIAN USE: (a) Where any Water Project may, in the opinion of an Entitlement Band, reasonably be expected in a discernible way to adversely affect an Entitlement Band’s common law riparian rights, the Entitlement Band and Canada and/or Saskatchewan, as the case may be, agree to jointly review or, if applicable, jointly conduct any environmental impact assessments or other studies concerning the effects, or possible effects, of any Water Project as may be statutorily required. (b) Canada and/or Saskatchewan, as the case may be, agree to jointly review or, if applicable, jointly conduct the same with the affected Entitlement Bands in a manner which takes due consideration of the Entitlement Bands’ riparian rights and usage of any affected Waterbody by the Entitlement Bands, or the Members of such Entitlement Bands, for hunting, fishing, trapping, gathering or other traditional uses. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement 6.07 AGREEMENT AMONGST PARTIES: Notwithstanding any other provision of this Article, but subject to applicable legislation, Saskatchewan and any Entitlement Band may enter into a Co-Management Agreement concerning the management and use of all or any portion of a particular Waterbody adjacent to an Entitlement Reserve (including its water, bed and shore) affecting the Entitlement Band’s common law riparian rights, which meets the needs and objectives of all parties. 6.08 CO-MANAGEMENT AGREEMENT: (a) (b) The Co-Management Agreement shall address matters affecting, in a discernible way, the quantity, quality, or rate of flow of waters in a Waterbody in respect of which an Entitlement Band has riparian rights and may provide for any matters related to the use, management or development of the Waterbody. In particular, such an agreement may provide for the following: (i) the establishment of a process for the exchange of information and consultations between the affected Entitlement Band and Saskatchewan (and, where necessary, Canada) with respect to those Waterbodies and Water Projects; (ii) the establishment of a process for the active and meaningful participation by the Entitlement Band in the decision making process with respect to the approval or disapproval of Water Projects; and (iii) the establishment of a Co-Management Board to make binding decisions with respect to Waterbodies and Water Projects. In no event shall the entering into of a Co-Management Agreement be a condition precedent to the sale of any Crown Land, Minerals or Improvements hereunder. 6.09 CO-MANAGEMENT BOARD: In the event that the Entitlement Band and Saskatchewan agree pursuant to a Co-Management Agreement that a Co-Management Board be established, the following principles shall apply: (a) the Entitlement Band and Saskatchewan shall be represented on the Co-Management Board by an equal number of members except in cases where the interest of the Entitlement Band vis-à-vis the interest of other users of the water does not warrant equal representation, in which case the respective representation of the Entitlement Band and Saskatchewan on the Co-Management Board Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE II Provisions of the Framework Agreement shall be agreed upon by the Entitlement Band and Saskatchewan; (b) in the event that there is no agreement on the representation of the Entitlement Band and Saskatchewan on the Co-Management Board, it shall be referred to the Arbitration Board; and (c) the Co-Management Board shall have the authority to review and either approve, wholly or on terms and conditions, or disapprove, of any Water Project within its jurisdiction. 6.10 MINISTER’S CONSENT MAY BE REQUIRED: Subject to applicable legislation, each of the Entitlement Bands and Saskatchewan acknowledge that the Minister’s consent may be required pursuant to the Act to give effect to any Co-Management Agreement. To the extent such consent is required, each of the Entitlement Bands and Saskatchewan agree that such consent shall be obtained prior to execution and delivery of any CoManagement Agreement. 6.11 NO EFFECT ON TREATY RIGHTS: Any provision of this Article which is found by a court of competent jurisdiction to conflict with or derogate from Treaty rights of any Entitlement Band or its Members shall, to the extent of such conflict or derogation, be deemed to be null and void and of no further force or effect whatsoever. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement SCHEDULE III (Subsection 2(1)) Provisions of the Nekaneet Agreement ARTICLE 1 Definitions and Interpretation 1.01 DEFINITIONS: In this Agreement, the following capitalized terms shall have the meanings hereafter ascribed to them, namely: Act, Chief, Council of a Band, Indian, Member of a Band, Minister, Reserve and any other words herein which are used or defined in the Indian Act, R.S.C. 1985, c. I-5, shall have the same meaning as they have in the Indian Act, R.S.C. 1985, c. I-5, and the regulations made thereunder, and a reference to the Indian Act means the Indian Act, R.S.C. 1985, c. I-5, as amended or replaced from time to time, and any reference to a section of the Indian Act shall include that section as amended or replaced from time to time; (Loi) Agreement, this Agreement, hereto, hereof, herein, hereunder, hereby and similar expressions, refer, unless otherwise stated, to this agreement, including the recitals, the Schedules and the Appendix attached hereto, and not to any particular article, section, subsection, subparagraph or other subdivision hereof or thereof; (accord) Discernible Surface Outlet means a defined and ascertainable channel through which water normally flows for not less than seven (7) consecutive days each year; (débouché visible en surface) Entitlement Land means Land, Minerals or Improvements in Saskatchewan hereafter Purchased by the Band and which are intended to be set apart as Entitlement Reserve pursuant to the provisions of this Agreement and the Trust Agreement; (terres dues en vertu d’un traité) Entitlement Reserve means Entitlement Land which is set apart by Canada as a Reserve for the use and benefit of the Band in accordance with this Agreement; (nouvelle réserve) Improvements means all buildings or structures erected or placed on, over or under Land and, unless otherwise expressly provided herein, includes, without limitation, anything affixed to or incorporated therein, the plant and equipment of any oil or gas well or mine, any pipeline on or under Land, fencing, and any dugouts or other alterations to Land designed to facilitate the collection and retention of water; (améliorations) Land or Lands means real property, chattels real, or any interests therein or in the nature thereof and, unless the context otherwise requires, excludes Minerals and Improvements; (terre ou terres) Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement Member means a member of the Band within the meaning of the Act and shall include all registered Indians recorded on the Department’s Indian register in respect of the Band; (membre) Minerals means any non-viable substance formed by the processes of nature, irrespective of chemical or physical state, and includes such substances both before and after extraction, or any interest in the same, and further includes any interest or improvement in the nature of a mine but does not include any surface or ground water, agricultural soil, sand or gravel; (minéraux) Purchase or Purchased means a purchase of Land, Minerals or Improvements by the Trustees or an agent of the Band in accordance with the requirements of the Trust Agreement and this Agreement, and may include the acquisition of ownership rights by means other than a transaction of purchase and sale; (achat ou acheté) Road Allowance means land held by Saskatchewan which was at any time intended for use by the general public for the passage of vehicles, whether actually used for that purpose or not; (réserves de chemin) Treaty means Treaty Number Four made and concluded on the 15th day of September, 1874, by Canada and to which the Band adhered; (traité) Waterbody means any river, stream, lake, pond, swamp, marsh, or other body of water; (nappe d’eau) Water Project means: (a) any drain, dyke, dam or other work that is proposed to divert or impound water, or any alteration, addition to, or elimination of, any such drain, dyke, dam or other work; (b) any act which results in the emission of water or other substance into a Waterbody; or (c) any use of water; that affects, or if constructed or carried out could reasonably be anticipated to affect, the existing quantity, quality or rate of flow, in a discernible way, of water in a Waterbody and which, if constructed or carried out on lands subject to the jurisdiction of Saskatchewan, would require a licence or other approval under the laws of Saskatchewan. (projet d’aménagement hydraulique) ARTICLE 6 Water 6.01 WHOLLY ENCLOSED WATERBODIES: (a) If a surface or subsurface Waterbody is wholly enclosed within the boundaries of any Entitlement Lands and has no Discernible Surface Outlet beyond the boundaries of the Entitlement Lands, Saskatchewan shall, without compensation, transfer to Canada all water, beds and shores of that Waterbody, effective upon creation of the Entitlement Reserve with respect to those Entitlement Lands. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement (b) For the purposes of this Article, ownership of Road Allowances intersecting a Waterbody shall not be considered in determining whether or not a Waterbody is wholly enclosed within Entitlement Land. 6.02 TRANSFER OF BEDS AND SHORES IN CERTAIN CIRCUMSTANCES: Saskatchewan agrees to give favourable consideration to offers from the Band to Purchase the beds and shores of any Waterbody adjacent to Entitlement Land. Nothing in this Agreement shall be interpreted as requiring Saskatchewan to sell the beds and shores of such Waterbodies. 6.03 RESERVE BOUNDARIES: Where Entitlement Land adjacent to a Waterbody is set apart as an Entitlement Reserve, the parties agree that: (a) the boundary of the Entitlement Reserve shall be the ordinary high water mark for such Waterbody; (b) the Entitlement Reserve shall not include within its boundaries any portion of the bed or the shore of the Waterbody below the ordinary high water mark unless Saskatchewan has expressly agreed to transfer the beds and shores in accordance with section 6.02; and (c) subject to compliance with the Navigable Waters Protection Act, R.S.C. 1985, c. N-22, the Band shall have the right to place a dock, wharf or pier on the bed of the Waterbody along the boundary of any such Waterbody which is adjacent to an Entitlement Reserve, without needing to obtain any licence or to pay any fee or compensation whatsoever. 6.04 RIPARIAN RIGHTS: The Band shall, immediately upon creation of an Entitlement Reserve, have full common law riparian rights with respect to the use and occupation of that Entitlement Reserve adjacent to a Waterbody, but, for greater certainty, the principle of ad medium filium aquae shall be inapplicable unless the affected beds and shores have otherwise been acquired by the Band under section 6.02. 6.05 NON-ENFORCEMENT OF RIPARIAN RIGHTS IN CERTAIN CASES: (a) Where Entitlement Reserve is established adjacent to a Waterbody, the Band agrees with Canada and Saskatchewan that the common law riparian rights referred to in section 6.04 shall be unenforceable by injunction, mandamus, prohibition, or similar prerogative writ for the purposes of preventing or delaying any Water Project provided that: Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement (b) (i) Canada and the Band whose common law riparian rights have been affected, were notified at least six (6) months in advance of any decision in relation to the approval of any Water Project; and (ii) the Band whose common law riparian rights have been affected by any such Water Project shall have been afforded active and meaningful participation in any decision by a decision making authority concerned with the approval or operation of any such Water Project. The parties agree that nothing in this section limits the right of the Band to seek or obtain monetary compensation from Saskatchewan (including costs associated with obtaining such compensation) for damages suffered as the result of any interference with, loss of, or damage to, the Band’s common law riparian rights. 6.06 ENVIRONMENTAL ASSESSMENTS AND CONSIDERATION OF INDIAN USE: (a) Where any Water Project may, in the opinion of the Band, reasonably be expected in a discernible way to adversely affect the Band’s common law riparian rights, the Band and Canada and/or Saskatchewan, as the case may be, agree to jointly review or, if applicable, jointly conduct any environmental impact assessments or other studies concerning the effects, or possible effects, of any Water Project as may be statutorily required; (b) Canada and/or Saskatchewan, as the case may be, agree to jointly review or, if applicable, jointly conduct the same with the Band in a manner which takes due consideration of the Band’s riparian rights and usage of any affected Waterbody by the Band, or the Members of the Band, for hunting, fishing, trapping, gathering or other traditional uses. 6.07 AGREEMENT AMONGST PARTIES: Notwithstanding any other provision of this Article, but subject to applicable legislation, Saskatchewan and the Band may enter into a Co-Management Agreement concerning the management and use of all or any portion of a particular Waterbody adjacent to an Entitlement Reserve (including its water, bed and shore) affecting the Band’s common law riparian rights, which meets the needs and objectives of all parties. 6.08 CO-MANAGEMENT AGREEMENT: (a) The Co-Management Agreement shall address matters affecting, in a discernible way, the Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement quantity, quality, or rate of flow of waters in a Waterbody in respect of which the Band has riparian rights and may provide for any matters related to the use, management or development of the Waterbody. In particular, such an agreement may provide for the following: (b) (i) the establishment of a process for the exchange of information and consultations between the Band and Saskatchewan (and, where necessary, Canada) with respect to those Waterbodies and Water Projects; (ii) the establishment of a process for the active and meaningful participation by the Band in the decision making process with respect to the approval or disapproval of Water Projects; and (iii) the establishment of a Co-Management Board to make binding decisions with respect to Waterbodies and Water Projects. In no event shall the entering into of a Co-Management Agreement be a condition precedent to the sale of any Crown Land, Minerals or Improvements hereunder. 6.09 CO-MANAGEMENT BOARD: In the event that the Band and Saskatchewan agree pursuant to a Co-Management Agreement that a CoManagement Board be established, the following principles shall apply: (a) the Band and Saskatchewan shall be represented on the Co-Management Board by an equal number of members except in cases where the interest of the Band vis-à-vis the interest of other users of the water does not warrant equal representation, in which case the respective representation of the Band and Saskatchewan on the Co-Management Board shall be agreed upon by the Band and Saskatchewan; (b) in the event that there is no agreement on the representation of the Band and Saskatchewan on the Co-Management Board, it shall be referred to the Arbitration Board; and (c) the Co-Management Board shall have the authority to review and either approve, wholly or on terms and conditions, or disapprove, of any Water Project within its jurisdiction. 6.10 MINISTER’S CONSENT MAY BE REQUIRED: Subject to applicable legislation, the Band and Saskatchewan acknowledge that the Minister’s consent may be required pursuant to the Act to give effect to any Co-Management Agreement. To the extent such consent is required, the Band and Saskatchewan agree that such consent shall be obtained prior to execution and delivery of any Co-Management Agreement. 6.11 NO EFFECT ON TREATY RIGHTS: Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement SCHEDULE III Provisions of the Nekaneet Agreement Any provision of this Article which is found by a court of competent jurisdiction to conflict with or derogate from Treaty rights of the Band or its Members shall, to the extent of such conflict or derogation, be deemed to be null and void and of no further force or effect whatsoever. Current to June 20, 2022 Last amended on August 27, 2019 Saskatchewan Treaty Land Entitlement RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, s. 375 (3) Other reference to Minister (3) Unless the context requires otherwise, the reference to the “Minister” is to be read as a reference to the “Minister of Indigenous Services” in subsection 11(2) of the Saskatchewan Treaty Land Entitlement Act. Current to June 20, 2022 Last amended on August 27, 2019

CONSOLIDATION Standards Council of Canada Act R.S.C., 1985, c. S-16 Current to June 20, 2022 Last amended on June 17, 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 17, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 17, 2019 TABLE OF PROVISIONS An Act to establish the Standards Council of Canada Short Title 1 Short title Interpretation 2 Definitions Council Established 3 Council established Mandate and Powers 4 Mandate Further powers Organization 6 Appointment of members Designation of Chairperson and Vice-Chairperson Re-appointment Remuneration of Chairperson Head office Meetings By-laws Staff 14 Appointment of Executive Director Advisers Not agent of Her Majesty Application of Public Service Superannuation Act General 18 Council registered charity Auditor Current to June 20, 2022 Last amended on June 17, 2019 ii Standards Council of Canada TABLE OF PROVISIONS Provincial-territorial Advisory Committee 20 Committee established Standards Development Organizations Advisory Committee 21 Committee established Meetings 22 Electronic meetings Current to June 20, 2022 Last amended on June 17, 2019 iv R.S.C., 1985, c. S-16 An Act to establish the Standards Council of Canada Short Title Short title 1 This Act may be cited as the Standards Council of Canada Act. R.S., c. 41(1st Supp.), s. 1. Interpretation Definitions 2 In this Act, Council means the Standards Council of Canada 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) R.S., c. 41(1st Supp.), s. 2. Council Established Council established 3 A corporation is hereby established, to be known as the Standards Council of Canada, consisting of the following members: (a) the Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee established under subsection 20(1); (b) the Chairperson of the Standards Development Organizations Advisory Committee established under subsection 21(1); and Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Council Established Sections 3-4 (c) not more than 10 other persons to represent the private sector, organizations. including non-governmental (d) [Repealed, 2010, c. 12, s. 1769] R.S., 1985, c. S-16, s. 3; 1996, c. 24, s. 1; 2003, c. 22, s. 224(E); 2010, c. 12, s. 1769. Mandate and Powers Mandate 4 (1) The mandate of the Council is to promote efficient and effective voluntary standardization in Canada, where standardization is not expressly provided for by law and, in particular, to (a) promote the participation of Canadians in voluntary standards activities, (b) promote public-private sector cooperation in relation to voluntary standardization in Canada, (c) coordinate and oversee the efforts of the persons and organizations involved in the National Standards System, (d) foster quality, performance and technological innovation in Canadian goods and services through standards-related activities, and (e) develop standards-related strategies and longterm objectives, in order to advance the national economy, support sustainable development, benefit the health, safety and welfare of workers and the public, assist and protect consumers, facilitate domestic and international trade and further international cooperation in relation to standardization. Powers (2) The Council, in carrying out its mandate, may (a) promote cooperation among organizations concerned with voluntary standardization in Canada in order to coordinate standardization activities and develop common standards and codes; (b) promote cooperation between organizations concerned with voluntary standardization in Canada and departments and agencies of government at all levels in Canada with a view to achieving compatibility and maximum common usage of standards and codes; Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Mandate and Powers Section 4 (c) establish or recommend criteria and procedures relating to the preparation, approval, acceptance and designation of voluntary standards in Canada; (d) accredit, in accordance with criteria and procedures adopted by the Council, organizations in Canada or in a country designated by an order made under subsection (4) that are engaged in conformity assessment, and maintain a record of those accredited organizations and of their marks of conformity; (d.1) accredit, in accordance with criteria and procedures adopted by the Council, organizations in Canada that are engaged in standards development, and maintain a record of those accredited organizations and of their marks that relate to standardization; (e) approve standards submitted by organizations accredited by the Council as national standards where appropriate, and maintain an index of approved standards; (f) provide for the identification and evaluation of the need for new standards, revisions to existing standards and additional conformity assessment services, and arrange for that need to be satisfied (i) by obtaining the cooperation of organizations accredited by the Council, and (ii) where that need cannot be satisfied in the manner described in subparagraph (i), by promoting the establishment or utilization of new or other organizations for that purpose; (g) establish and register under the Trademarks Act its own marks and authorize and regulate their use, subject to that Act and any agreement or arrangement between the Council and any organization accredited by it respecting the use of the marks in relation to standards developed by that organization; (g.1) provide advice and assistance to the Government of Canada in the negotiation of standards-related aspects of international trade agreements; (h) unless otherwise provided for by any other Act of Parliament or by treaty, (i) represent Canada as the Canadian member of the International Organization for Standardization, the International Electrotechnical Commission and any other similar international organization, and (ii) ensure effective Canadian participation in the activities of those organizations; Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Mandate and Powers Section 4 (i) promote, in cooperation with Canadian organizations engaged in voluntary standards development and conformity assessment, arrangements with organizations similarly engaged in other countries for the exchange of information and for cooperation in those activities, or enter into such arrangements on its own behalf; (j) provide financial assistance to Canadians and to Canadian organizations concerned with voluntary standardization to assist them in meeting national and international requirements; (k) collect and distribute, by electronic or any other means, information on standards and standardization activities in and outside Canada and translate that information; (l) promote the use of standards approved by the Council; and (m) make recommendations to the Minister on standards-related matters, including voluntary standards that are appropriate for incorporation by reference in any law, which recommendations may be included in the annual report of the Council. (n) [Repealed, 1996, c. 24, s. 3] Use of existing services and facilities (3) In carrying out its mandate and exercising its powers, the Council shall, to the greatest extent practicable, make use of the services and facilities of existing organizations in Canada engaged in standards development and conformity assessment and consider all alternatives before providing any new service. Definitions (3.1) The definitions in this subsection apply in this section. conformity assessment means any activity concerned with determining, directly or indirectly, that relevant requirements are fulfilled. (évaluation de la conformité) National Standards System means the system for voluntary standards development, promotion and implementation in Canada. (Système national de normes) Orders (4) The Governor in Council may, by order, designate any country for the purposes of paragraph (2)(d). R.S., 1985, c. S-16, s. 4; 1988, c. 65, s. 145; 1993, c. 44, s. 224; 1996, c. 24, s. 3; 2014, c. 20, s. 366(E). Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Mandate and Powers Sections 5-6 Further powers 5 The Council, in carrying out its mandate and exercising its powers under section 4, 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; (b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure; (c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made; (d) publish and sell or otherwise distribute information on standardization; and (e) do such other things as are incidental or conducive to the fulfilment of the mandate and the exercise of the powers of the Council. R.S., 1985, c. S-16, s. 5; 1996, c. 24, s. 4; 2011, c. 21, s. 156. Organization Appointment of members 6 (1) Each member of the Council, other than the persons referred to in paragraphs 3(a) and (b), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not exceeding four years in such a manner 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. Requirements (2) The members of the Council referred to in paragraph 3(c) must be representative of a broad spectrum of interests in the private sector and have the knowledge or experience necessary to assist the Council in the fulfilment of its mandate. No right to vote (3) The member of the Council referred to in paragraph 3(b) is a non-voting member of the Council. R.S., 1985, c. S-16, s. 6; R.S., 1985, c. 1 (4th Supp.), s. 33; 1996, c. 24, s. 5; 2006, c. 9, s. 299; 2010, c. 12, s. 1770. Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Organization Sections 7-9 Designation of Chairperson and Vice-Chairperson 7 (1) A Chairperson of the Council and a Vice-Chairperson of the Council shall each be designated by the Governor in Council from among the members of the Council to hold office during pleasure for such term as the Governor in Council considers appropriate. Duties of Chairperson (1.1) The Chairperson shall preside at meetings of the Council and shall perform such other duties as are assigned to the Chairperson by the Council or the by-laws of the Council. Acting Chairperson (2) If the Chairperson of the Council is absent or unable to act or the office of Chairperson is vacant, the ViceChairperson of the Council shall act as Chairperson. Acting Chairperson (3) If both the Chairperson of the Council and the ViceChairperson of the Council are absent or unable to act, or if both those offices are vacant, a member designated by the members of the Council shall act as Chairperson. R.S., 1985, c. S-16, s. 7; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 1996, c. 24, s. 6. Re-appointment 8 A retiring Chairperson, Vice-Chairperson or other member of the Council is eligible for re-appointment to the Council in the same or another capacity. R.S., 1985, c. S-16, s. 8; 1996, c. 24, s. 7(E). Remuneration of Chairperson 9 (1) The Chairperson of the Council shall be paid such remuneration as may be fixed by the Governor in Council. Travel and living expenses (2) The members of the Council, other than the Chairperson of the Council, shall serve without remuneration but each member is entitled to be paid reasonable travel and other expenses while absent from the member’s ordinary place of residence in the course of the member’s duties under this Act. Remuneration of members for additional duties (3) Notwithstanding subsection (2), a member of the Council other than the Chairperson of the Council 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 member’s ordinary duties as a member, be paid such remuneration as may be fixed by the Governor in Council. Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Organization Sections 9-14 Compensation (4) For the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act, the members of the Council are deemed to be employed in the federal public administration. R.S., 1985, c. S-16, s. 9; 1996, c. 24, s. 8; 2003, c. 22, s. 224(E). Head office 10 The head office of the Council shall be in the National Capital Region described in the schedule to the National Capital Act. R.S., c. 41(1st Supp.), s. 10. Meetings 11 The Council shall meet at least once a year and may meet at such other times as it considers appropriate. R.S., 1985, c. S-16, s. 11; 1996, c. 24, s. 9. 12 [Repealed, 1996, c. 24, s. 9] By-laws 13 (1) The Council may make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including by-laws establishing (a) ad hoc, standing and other committees of the Council; (b) for the purposes of paragraphs 4(2)(d) and (d.1), criteria and procedures for the accreditation of organizations and for the revocation of such accreditations; and (c) a membership scheme to allow broader participation by the public in Council activities. Advisory committee (2) Any by-law made pursuant to subsection (1) establishing an advisory committee of the Council may provide for the membership thereon of persons other than members of the Council, in addition to members of the Council. R.S., 1985, c. S-16, s. 13; 1996, c. 24, s. 10. Staff Appointment of Executive Director 14 (1) An Executive Director of the Council shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate. Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Staff Sections 14-17 Direction of work and staff (2) The executive director is the chief executive officer of the Council and, subject to subsection (3), has supervision over and direction of the work and staff of the Council. Staff appointment and duties (3) The Council may (a) appoint such other officers and employees as are necessary for the proper conduct of the work of the Council; and (b) prescribe the duties of the executive director and the other officers and employees of the Council appointed pursuant to this subsection and the terms and conditions of their employment. Salary and expenses of executive director (4) The executive director of the Council shall be paid such remuneration and expenses as are fixed by the Governor in Council. Salary and expenses of staff (5) The officers and employees of the Council appointed pursuant to subsection (3) shall be paid such remuneration and expenses as are fixed by the Council with the approval of the Treasury Board. R.S., 1985, c. S-16, s. 14; R.S., 1985, c. 1 (4th Supp.), s. 44(E). Advisers 15 The Council may engage for temporary periods or for specific projects persons having a technical or specialized knowledge of any matter relating to the work of the Council to advise and assist the Council in the performance of its duties under this Act and may, with the approval of the Treasury Board, fix and pay their remuneration and expenses. R.S., c. 41(1st Supp.), s. 14. Not agent of Her Majesty 16 The Council is not an agent of Her Majesty and, except as provided in section 17, the members and the executive director and other officers and employees of the Council are not part of the federal public administration. R.S., 1985, c. S-16, s. 16; 2003, c. 22, s. 224(E); 2010, c. 12, s. 1771. Application of Public Service Superannuation Act 17 (1) The executive director and the other officers and employees of the Council appointed pursuant to subsection 14(3) shall be deemed to be employed in the public Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Staff Sections 17-20 service for the purposes of the Public Service Superannuation Act, and the Council shall be deemed to be a Public Service corporation for the purposes of that Act. Members of the Council (2) The Public Service Superannuation Act does not apply to the members of the Council. Compensation (3) For the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act, the persons referred to in subsection (1) are deemed to be employed in the federal public administration. R.S., 1985, c. S-16, s. 17; 1996, c. 24, s. 11; 2003, c. 22, ss. 224(E), 225(E); 2010, c. 12, s. 1772. General Council registered charity 18 The Council 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. S-16, s. 18; 1999, c. 31, s. 246(F). Auditor 19 The Auditor General of Canada is the auditor of the Council. R.S., c. 41(1st Supp.), s. 19; 1976-77, c. 34, s. 30(F); 1984, c. 31, s. 14. Provincial-territorial Advisory Committee Committee established 20 (1) There is hereby established a committee, to be known as the Provincial-Territorial Advisory Committee, consisting of a representative of each province and territory appointed by that province or territory. Chairperson and Vice-Chairperson (2) The Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee shall be appointed from among the members of the committee by the members of the committee. Mandate (3) The mandate of the Provincial-Territorial Advisory Committee is to advise and make recommendations to the Council on matters related to voluntary standardization and to promote cooperation and communication between the provinces, the territories and the Council. 1996, c. 24, s. 12. Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada Standards Development Organizations Advisory Committee Sections 21-22 Standards Development Organizations Advisory Committee Committee established 21 (1) There is hereby established a committee, to be known as the Standards Development Organizations Advisory Committee, consisting of a representative of each organization accredited by the Council under paragraph 4(2)(d.1). Chairperson (2) The Chairperson of the Standards Development Organizations Advisory Committee shall be appointed from among the members of the committee by the members of the committee. Mandate (3) The mandate of the Standards Development Organizations Advisory Committee is to advise and make recommendations to the Council on matters related to voluntary standards development and to promote cooperation and communication between the Council and the organizations represented on the committee. 1996, c. 24, s. 12. Meetings Electronic meetings 22 A meeting of the Council or a committee of the Council or a committee referred to in subsection 20(1) or 21(1) may be held by means of such telephonic, electronic or other communications facilities as permit all persons participating in the meeting to communicate adequately with each other during the meeting. 1996, c. 24, s. 12. Current to June 20, 2022 Last amended on June 17, 2019 Standards Council of Canada RELATED PROVISIONS RELATED PROVISIONS — 1996, c. 24, s. 13 Members cease to hold office 13 (1) Notwithstanding subsection 105(4) of the Financial Administration Act, every person who was a member of the Standards Council of Canada immediately before the day section 1 of this Act comes into force, except the President, shall cease to hold office on that day. President (2) The President of the Standards Council of Canada holding office immediately before the day section 6 of this Act comes into force shall, as of that day, be the Chairperson of the Standards Council of Canada and shall hold office as a member of the Standards Council of Canada, and as Chairperson, until the expiration of the remainder of that person’s term of office. Current to June 20, 2022 Last amended on June 17, 2019

CONSOLIDATION Addition of Lands to Reserves and Reserve Creation Act S.C. 2018, c. 27, s. 675 NOTE [Enacted by section 675 of chapter 27 of the Statutes of Canada, 2018, in force August 27, 2019, see SI/2019-92.] Current to June 20, 2022 Last amended on August 27, 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 27, 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 27, 2019 TABLE OF PROVISIONS An Act to facilitate the setting apart of lands as reserves for the use and benefit of First Nations and the addition of lands to reserves Short Title 1 Short title Interpretation 2 Definitions Setting Apart of Lands 4 Setting lands apart Designation Issuance of permits by Minister Authorization — transfer or grant Exchange Current to June 20, 2022 Last amended on August 27, 2019 ii S.C. 2018, c. 27, s. 675 An Act to facilitate the setting apart of lands as reserves for the use and benefit of First Nations and the addition of lands to reserves [Assented to 13th December 2018] Short Title Short title 1 This Act may be cited as the Addition of Lands to Reserves and Reserve Creation Act. Interpretation Definitions 2 The following definitions apply in this Act. band has the same meaning as in subsection 2(1) of the Indian Act. (bande) First Nation means a band, or an Indigenous group that is party to a self-government agreement implemented by an Act of Parliament. (première nation) governing body in relation to a First Nation that is a band, means the council of the band, as defined in subsection 2(1) of the Indian Act, or, in relation to a First Nation that is an Indigenous group that is party to a selfgovernment agreement implemented by an Act of Parliament, means the council, government or other entity that is referred to in the agreement as being authorized to act on behalf of the Indigenous group. (corps dirigeant) interest, in relation to lands in Canada elsewhere than in Quebec, means any estate, interest or right of any nature in or to the lands and includes an easement, a servitude, a lease and a licence, as defined in section 2 of the Federal Real Property and Federal Immovables Act. (intérêt) Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act Interpretation Sections 2-4 Minister means the Minister of Crown-Indigenous Relations. (ministre) reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve) right, in relation to lands in Quebec, means any right of any nature in or to the lands and includes a licence, as defined in section 2 of the Federal Real Property and Federal Immovables Act, and the rights of a lessee. (droit) 2018, c. 27, s. 675 “2”; 2019, c. 29, s. 377. 3 [Repealed, 2019, c. 29, s. 377] Setting Apart of Lands Setting lands apart 4 (1) The Minister may, by order, at the request of the governing body of a First Nation, set apart as a reserve any lands the title to which is vested in Her Majesty in right of Canada or for which Her Majesty in right of Canada has the administration and control. Interests or rights (2) Lands set apart as a reserve under this section are subject to any interest or right of a person or entity in or to the lands if (a) an agreement between the First Nation and Her Majesty in right of Canada — including an agreement in respect of which Part 2 of the Manitoba Claim Settlements Implementation Act applied, as that Part read immediately before its repeal, or in respect of which the Claim Settlements (Alberta and Saskatchewan) Implementation Act applied, as it read immediately before its repeal — contemplates the continuation of interests or rights of that kind, and any requirement of the agreement with respect to the continuation of the interest or right has been satisfied; (b) the interest or right has been granted or conceded to the person or entity under the Federal Real Property and Federal Immovables Act; or (c) the interest or right is granted to the person or entity in accordance with section 5 or 6. Interest or right in reserve land (3) As of the time when the Minister sets apart any lands as a reserve under this section, an interest or right Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act Setting Apart of Lands Sections 4-5 referred to in paragraph (2)(a) or (b) is deemed to be an interest or right in or to the lands in the reserve. Moneys paid to Her Majesty (4) Any moneys paid to Her Majesty in right of Canada as a result of an interest or right referred to in subsection (2) are deemed to be moneys collected, received or held by her Majesty for the use and benefit of the First Nation. Non-application of Statutory Instruments Act (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1). 2018, c. 27, s. 675 “4”; 2019, c. 29, s. 386. Designation 5 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve, the First Nation may designate, conditionally or unconditionally, any interest or right in or to the lands, including for the purpose of the replacement of an existing interest or right in or to those lands. The designation may be made either (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or (b) before the lands are set apart as a reserve under section 4. Application of Indian Act (2) Sections 39.1, 40.1 and 41 of the Indian Act apply in respect of a designation under subsection (1), any references to Minister in those sections being read as references to Minister, as defined in this Act. Power of Minister (3) On the acceptance by the Minister of a designation made under subsection (1), the Minister may grant the designated interest or right to a person or entity. Effect (4) If a designation made under subsection (1) is accepted by the Minister, the designation takes effect at the time the lands are set apart as a reserve under section 4. Any resulting grant of the designated right or interest, if the grant is made before the lands are set apart as a reserve, also takes effect at the time the lands are set apart as a reserve. Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act Setting Apart of Lands Sections 5-7 Acts deemed to have been done under Indian Act (5) As of the time when the Minister sets apart any lands as a reserve under section 4, any designation made under subsection (1), and any resulting grant that was made under subsection (3), are deemed to have been designated or made, as the case may be, under the Indian Act. Issuance of permits by Minister 6 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve, the Minister may authorize, by permit, a person or entity for a period not exceeding one year or, with the consent of the governing body of the First Nation, for any longer period, to occupy, use or reside on any of those lands or exercise any other right on them, including for the purpose of replacing an existing interest or right of that person or entity in or to those lands. The permit may be issued either (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or (b) before the lands are set apart as a reserve under section 4. Effect (2) Permits issued under subsection (1) and the rights granted by those permits take effect at the time the lands are set apart as a reserve under section 4. Acts deemed to have been done under Indian Act (3) As of the time when the Minister sets apart any lands as a reserve under section 4, a permit issued under subsection (1) and any consent given under that subsection, are deemed to have been issued or given, as the case may be, under the Indian Act. Authorization — transfer or grant 7 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve and an Act of Parliament or a provincial legislature authorizes Her Majesty in right of a province, a municipal or local authority or a corporation to take or to use lands or any interest or right in lands without the consent of the owner, the Minister may authorize, with the consent of the governing body, a transfer or grant of any of the lands that the governing body has requested be set apart as a reserve, or any interest or right in or to those lands, to a province, authority or corporation, subject to any terms that may be prescribed by the Minister. The authorization may be made either Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act Setting Apart of Lands Sections 7-8 (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or (b) before the lands are set apart as a reserve under section 4. Acts deemed to have been done under Indian Act (2) If the Minister has made an authorization under subsection (1), as of the time when the Minister sets apart any lands as a reserve under section 4, the Governor in Council is deemed to have consented to the taking or using of the lands under subsection 35(1) of the Indian Act and the authorization is deemed to have been made, and any terms prescribed by the Minister under subsection (1) are deemed to have been prescribed, under subsection 35(3) of that Act. Exchange 8 In the case where a First Nation has entered into an agreement that proposes that certain lands in the First Nation’s reserve be exchanged for lands that are to be set apart as a reserve, references to the Governor in Council in paragraph 39(1)(c) and section 40 of the Indian Act are to be read as references to the Minister if (a) the Minister has approved the terms of the exchange; and (b) the surrender made in respect of the exchanged lands is assented to by a majority of the electors of the First Nation in accordance with subparagraph 39(1)(b)(iii) of that Act. Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act RELATED PROVISIONS RELATED PROVISIONS — 2018, c. 27, s. 676 Request — setting lands apart 676 If, before the day on which this section comes into force, the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve and, on that day, those lands have not been set apart as a reserve, the governing body is deemed to have made the request under subsection 4(1) of the Addition of Lands to Reserves and Reserve Creation Act. — 2018, c. 27, s. 677 Manitoba Claim Settlements Implementation Act 677 If the council of a First Nation has, by resolution, requested that the Minister set apart certain lands as a reserve under the Manitoba Claim Settlements Implementation Act and, on the day on which this section comes into force, those lands have not been set apart as a reserve, (a) any designation or grant of an interest or right made under section 12 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been made under section 5 of the Addition of Lands to Reserves and Reserve Creation Act; (b) any ongoing process conducted under the Indian Act, in accordance with Manitoba Claim Settlements Implementation Act, for the purposes of a proposed designation, is continued in accordance with the Addition of Lands to Reserves and Reserve Creation Act; and (c) any permit issued or any consent given under section 13 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been issued or given, as the case may be, under section 6 of the Addition of Lands to Reserves and Reserve Creation Act. — 2018, c. 27, s. 678 Claim Settlements (Alberta and Saskatchewan) Implementation Act 678 If the council of a First Nation has, by resolution, requested that the Minister set apart certain lands as a reserve under the Claim Settlements (Alberta and Current to June 20, 2022 Last amended on August 27, 2019 Addition of Lands to Reserves and Reserve Creation Act RELATED PROVISIONS Saskatchewan) Implementation Act and, on the day on which this section comes into force, those lands have not been set apart as a reserve, (a) any designation or grant of an interest or right made under section 6 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, as it read immediately before this section comes into force, is deemed to have been made under section 5 of the Addition of Lands to Reserves and Reserve Creation Act; (b) any ongoing process conducted under the Indian Act, in accordance with Claim Settlements (Alberta and Saskatchewan) Implementation Act, for the purposes of a proposed designation, is continued in accordance with the Addition of Lands to Reserves and Reserve Creation Act; and (c) any permit issued or any consent given under section 7 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, as it read immediately before this section comes into force, is deemed to have been issued or given, as the case may be, under section 6 of the Addition of Lands to Reserves and Reserve Creation Act. Current to June 20, 2022 Last amended on August 27, 2019

CONSOLIDATION Agricultural Products Cooperative Marketing Act [Repealed, 1997, c. 20, s. 44] Current to June 20, 2022 Last amended on May 15, 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 May 15, 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 May 15, 2014 TABLE OF PROVISIONS An Act to assist and encourage cooperative marketing of agricultural products Current to June 20, 2022 Last amended on May 15, 2014 ii

CONSOLIDATION Agricultural Products Marketing Act R.S.C., 1985, c. A-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 to provide for the marketing of agricultural products in interprovincial and export trade Short title 1.1 Definition of agricultural product Governor in Council may grant authority to provincial boards Regulations Offence Current to June 20, 2022 ii R.S.C., 1985, c. A-6 An Act to provide for the marketing of agricultural products in interprovincial and export trade Preamble WHEREAS it is desirable to improve the methods and practices of marketing agricultural products of Canada; AND WHEREAS the legislatures of several of the provinces have enacted legislation respecting the marketing of agricultural products locally within the province; AND WHEREAS it is desirable to cooperate with the provinces and to enact a measure respecting the marketing of agricultural products in interprovincial and export trade; AND WHEREAS it is desirable to facilitate such marketing by authorizing the imposition of levies or charges for the equalization or adjustment among producers of the moneys realized from the marketing of the products. 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 Agricultural Products Marketing Act. R.S., c. A-7, s. 1. Definition of agricultural product 1.1 In this Act, agricultural product includes wood. 1991, c. 34, s. 1. Current to June 20, 2022 Agricultural Products Marketing Sections 2-3 Governor in Council may grant authority to provincial boards 2 (1) The Governor in Council may, by order, grant authority to any board or agency authorized under the law of any province to exercise powers of regulation in relation to the marketing of any agricultural product locally within the province, to regulate the marketing of that agricultural product in interprovincial and export trade and for those purposes to exercise all or any powers like the powers exercisable by the board or agency in relation to the marketing of that agricultural product locally within the province. Levies and charges (2) The Governor in Council may, by order, grant to any board or agency mentioned in subsection (1) authority in relation to the powers that may be granted to the board or agency under this Act with respect to the marketing of any agricultural product in interprovincial and export trade, (a) to fix, impose and collect levies or charges from persons engaged in the production or marketing of the whole or any part of any agricultural product and for that purpose to classify those persons into groups and fix the levies or charges payable by the members of the different groups in different amounts; and (b) to use the levies or charges for the purposes of the board or agency, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of any such agricultural product and the equalization or adjustment among producers of any agricultural product of moneys realized from the sale thereof during such period or periods of time as the board or agency may determine. Debt due to board or agency (2.1) Levies or charges imposed by a board or agency pursuant to the authority granted to it under subsection (2) constitute a debt due to that board or agency and may be sued for and recovered by it in any court of competent jurisdiction. Authority may be revoked (3) The Governor in Council may, by order, revoke any authority granted under this section. R.S., 1985, c. A-6, s. 2; 1991, c. 34, s. 2. Regulations 3 The Governor in Council may make regulations prescribing the terms and conditions governing the granting and revocation of authority under section 2 and generally Current to June 20, 2022 Agricultural Products Marketing Sections 3-4 may make regulations for carrying the purposes and provisions of this Act into effect. R.S., c. A-7, s. 3. Offence 4 (1) Every person who contravenes any regulation, or any order, rule or regulation made by any board or agency under this Act with reference to the marketing of an agricultural product in interprovincial and export trade, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both. Onus (2) In any prosecution for an offence under this Act, the act or omission complained of, in respect of which the prosecution was instituted, shall, unless the accused proves the contrary, be deemed to relate to the marketing of an agricultural product in interprovincial and export trade. R.S., c. A-7, s. 4. Current to June 20, 2022 Agricultural Products Marketing RELATED PROVISIONS RELATED PROVISIONS — 1991, c. 34, s. 3 Validation and continuation of wood orders 3 For greater certainty, all orders in respect of wood made by the Governor in Council pursuant to section 2 of the Agricultural Products Marketing Act before the coming into force of this Act shall be deemed for all purposes to have been validly made and to have had, and to continue to have, until revoked, the same force and effect as if they had been made pursuant to an Act of Parliament that authorized the making thereof, and everything done before the coming into force of this Act pursuant to the authority granted by any such order shall be deemed for all purposes to have been validly done. Current to June 20, 2022

CONSOLIDATION Administrative Tribunals Support Service of Canada Act S.C. 2014, c. 20, s. 376 NOTE [Enacted by section 376 of chapter 20 of the Statutes of Canada, 2014, in force November 1, 2014, see SI/2014-83.] Current to June 20, 2022 Last amended on June 19, 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 19, 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 19, 2017 TABLE OF PROVISIONS An Act to establish the Administrative Tribunals Support Service of Canada Short Title 1 Short title Interpretation 2 Definitions Administrative Tribunals Support Service of Canada 3 Establishment of Service Principal office Chief Administrator 5 Appointment Status of Chief Administrator Absence or incapacity Salary and expenses Chief executive officer Responsibility General powers Limitation Delegation Administrative Tribunal Chairpersons 14 For greater certainty Employees of the Service 15 Appointment of employees General 16 Deeming — filing documents and giving notice Deeming — amounts payable Amounts for operation of administrative tribunal Current to June 20, 2022 Last amended on June 19, 2017 ii Administrative Tribunals Support Service of Canada TABLE OF PROVISIONS SCHEDULE Administrative Tribunals Current to June 20, 2022 Last amended on June 19, 2017 iv S.C. 2014, c. 20, s. 376 An Act to establish the Administrative Tribunals Support Service of Canada [Assented to 19th June 2014] Short Title Short title 1 This Act may be cited as the Administrative Tribunals Support Service of Canada Act. Interpretation Definitions 2 The following definitions apply in this Act. administrative tribunal means a body referred to in the schedule to this Act. (tribunal administratif) Chief Administrator means the person appointed under subsection 5(1). (administrateur en chef) Minister means the Minister of Justice. (ministre) Service means the Administrative Tribunals Support Service of Canada established by section 3. (Service) Administrative Tribunals Support Service of Canada Establishment of Service 3 The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada Administrative Tribunals Support Service of Canada Sections 4-8 Principal office 4 (1) The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act. Other offices (2) The Chief Administrator may establish other offices of the Service elsewhere in Canada. Chief Administrator Appointment 5 (1) The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. Re-appointment (2) The Chief Administrator is eligible for re-appointment at the end of each term of office. Status of Chief Administrator 6 The Chief Administrator has the rank and status of a deputy head of a department. Absence or incapacity 7 (1) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council. Powers, duties and functions (2) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament. Salary and expenses 8 (1) The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work. Compensation (2) The Chief Administrator 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 federal public administration for the purposes of Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada Chief Administrator Sections 8-14 the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Chief executive officer 9 The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it. Responsibility 10 The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work. General powers 11 (1) The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament. Contracts, etc. (2) The Chief Administrator 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 an administrative tribunal or any of its members. Limitation 12 The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members. Delegation 13 The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament. Administrative Tribunal Chairpersons For greater certainty 14 For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada Employees of the Service Sections 15-18 Employees of the Service Appointment of employees 15 The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act. General Deeming — filing documents and giving notice 16 Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be. Deeming — amounts payable 17 Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service. Amounts for operation of administrative tribunal 18 Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada SCHEDULE Administrative Tribunals SCHEDULE (Section 2) Administrative Tribunals Canada Industrial Relations Board Conseil canadien des relations industrielles Canadian Cultural Property Export Review Board Commission canadienne d’examen des exportations de biens culturels Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Canadian International Trade Tribunal Tribunal canadien du commerce extérieur Competition Tribunal Tribunal de la concurrence Federal Public Sector Labour Relations and Employment Board Commission des relations de travail et de l’emploi dans le secteur public fédéral Public Servants Disclosure Protection Tribunal Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles Review Tribunal Commission de révision Specific Claims Tribunal Tribunal des revendications particulières Social Security Tribunal Tribunal de la sécurité sociale Transportation Appeal Tribunal of Canada Tribunal d’appel des transports du Canada 2014, c. 20, ss. 376 “Sch.”, 481; 2017, c. 9, s. 57. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada RELATED PROVISIONS RELATED PROVISIONS — 2014, c. 20, s. 377 Definitions 377 The following definitions apply in sections 378 to 381. administrative tribunal means any of the following: (a) the Canadian Cultural Property Export Review Board; (b) the Canadian Human Rights Tribunal; (c) the Canada Industrial Relations Board; (d) the Competition Tribunal; (e) the Review Tribunal; (f) the Canadian International Trade Tribunal; (g) the Transportation Appeal Tribunal of Canada; (h) the Social Security Tribunal; (i) the Public Servants Disclosure Protection Tribunal; (j) the Specific Claims Tribunal; (k) the Public Service Labour Relations and Employment Board. (tribunal administratif) Chief Administrator has the same meaning as in section 2 of the Administrative Tribunals Support Service of Canada Act. (administrateur en chef) Registry means any of the following: (a) the Registry of the Competition Tribunal; (b) the Registry of the Public Servants Disclosure Protection Tribunal; (c) the Registry of the Specific Claims Tribunal. (greffe) Service means the Administrative Tribunals Support Service of Canada established by section 3 of the Administrative Tribunals Support Service of Canada Act. (Service) Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada RELATED PROVISIONS — 2014, c. 20, s. 378 Employment continued — administrative tribunal 378 (1) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition administrative tribunal in section 377, except that the person is to, as of that day, occupy their position in the Service. Employment continued — Public Service Labour Relations and Employment Board (2) Nothing in this Division is to be construed as affecting the status of any person who, on the day on which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, is employed by the Public Service Labour Relations and Employment Board, except that the person is to, as of that day, occupy their position in the Service. Employment continued — Registry (3) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in a Registry, except that the person is to, as of that day, occupy their position in the Service. Employment continued — portions of federal public administration (4) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in one of the following portions of the federal public administration, except that the person is to, as of that day, occupy their position in the Service: (a) the portion of the Department of Canadian Heritage known as the Canadian Cultural Property Export Review Board Secretariat; (b) the portion of the Department of Agriculture and Agri-Food known as the Review Tribunal Support Service; (c) the portion of the Department of Employment and Social Development known as the Social Security Tribunal Support Service. Managerial or confidential position (5) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada RELATED PROVISIONS — 2014, c. 20, s. 379 Powers and duties 379 A person referred to in section 378 whom an administrative tribunal has authorised to exercise certain powers or perform certain duties or functions relating to a matter before that administrative tribunal remains, on the day on which this Division comes into force, authorized to exercise those powers and perform those duties and functions despite the operation of that section. — 2014, c. 20, s. 380 Appropriations — administrative tribunal 380 (1) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition administrative tribunal in section 377 and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Appropriations — Public Service Labour Relations Board or Public Service Staffing Tribunal (2) Any money that is appropriated by an Act of Parliament, for the fiscal year in which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, to defray any expenditure of the Public Service Labour Relations Board or the Public Service Staffing Tribunal and that, on the day on which that subsection 4(1) comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Appropriations — Registries (3) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of a Registry and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Appropriations — Department of Canadian Heritage (4) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Canadian Heritage related to the Canadian Cultural Property Export Review Board and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada RELATED PROVISIONS Appropriations — Department of Agriculture and Agri-Food (5) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Agriculture and Agri-Food related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Appropriations — Canadian Food Inspection Agency (6) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Canadian Food Inspection Agency related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. Appropriations — Department of Employment and Social Development (7) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Employment and Social Development related to the Social Security Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service. — 2014, c. 20, s. 381 Contracts 381 (1) A contract respecting the provision of services or materiel to an administrative tribunal entered into by one of the following persons is deemed to have been entered into by the Chief Administrator of the Service: (a) a member, officer or employee of an administrative tribunal referred to in paragraph (b), (c), (f), (g) or (k) of the definition administrative tribunal in section 377; (b) an officer or employee of a Registry; (c) the Minister of Canadian Heritage or an officer or employee of the Department of Canadian Heritage; (d) the Minister of Agriculture and Agri-Food or an officer or employee of the Department of Agriculture and Agri-Food; (e) the Minister of Employment and Social Development or an officer or employee of the Department of Employment and Social Development. Current to June 20, 2022 Last amended on June 19, 2017 Administrative Tribunals Support Service of Canada RELATED PROVISIONS References (2) Unless the context otherwise requires, in a contract referred to in subsection (1), every reference to one of the persons referred to in paragraphs (1)(a) to (e) is to be read as a reference to the Chief Administrator of the Service. Current to June 20, 2022 Last amended on June 19, 2017

CONSOLIDATION Agricultural Marketing Programs Act S.C. 1997, c. 20 Current to June 20, 2022 Last amended on February 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 February 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 February 5, 2016 TABLE OF PROVISIONS An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Related producers PART I Advance Payments Program Advance Guarantee Agreements 4 Purpose 4.1 Eligible agricultural products Agreements to guarantee repayment of advances 5.1 Agreement where guarantee already exists Obligations of administrators Emergency advance Payment of interest Eligibility and Repayment 10 Eligibility requirements for producers Unmarketable agricultural product Security Security that includes animal — special case Amount of Advances 19 Amount of advance to be guaranteed Annual maximum guarantee for each producer Default 21 Circumstances constituting default Current to June 20, 2022 Last amended on February 5, 2016 ii Agricultural Marketing Programs TABLE OF PROVISIONS Liability of defaulting producer to administrator Payments to be made by Minister Payments out of the C.R.F. PART II Price Pooling Program 26 Purpose Conditions for price guarantee agreements Minister may make agreements Production and delivery of product Payment of liabilities under agreement PART III Government Purchases Program 31 Powers of Minister PART IV General Provisions Contractual and Financial Matters 32 Cost recovery regulations 33.1 Crown debts assignable Offences and Punishment 34 Information relating to advance guarantees Information relating to price guarantee agreements Non-compliance with information requirements Punishment Prosecution of partnership Limitation period Regulations 40 Governor in Council regulations Reports to Parliament 41 Annual report Five-year review Current to June 20, 2022 Last amended on February 5, 2016 iv Agricultural Marketing Programs TABLE OF PROVISIONS PART V Repeals, Transitional Provisions, Consequential Amendments and Coming into Force Repeals Transitional Provisions Agricultural Products Board Act 47 Definition of Board Rights and obligations transferred Legal proceedings against Her Majesty Agricultural Products Cooperative Marketing Act 50 No agreements after December 31, 1996 Advance Payments for Crops Act 51 No guarantees of advances after March 31, 1997 51.1 Defaults Prairie Grain Advance Payments Act 52.1 Defaults Consequential Amendments Coming into Force 56 Coming into force — general SCHEDULE Programs Current to June 20, 2022 Last amended on February 5, 2016 v S.C. 1997, c. 20 An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts [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 Agricultural Marketing Programs Act. Interpretation Definitions 2 (1) The definitions in this subsection apply in this Act. administrator means one of the following organizations, if it has the power to sue and be sued in its own name: (a) an organization of producers that is involved in marketing an agricultural product to which Part I applies; (b) an organization, other than a lender, that the Minister, taking into account any criteria prescribed by Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs Interpretation Section 2 regulation, determines to be an organization that represents producers who produce, in an area, a significant portion of an agricultural product to which Part I applies; or (c) an organization, including a lender, that the Minister determines to be an organization that would be able to make advances more accessible to producers and that the Minister designates as an administrator. (agent d’exécution) advance means an advance payment to an eligible producer for an agricultural product. (avance) advance guarantee agreement means an agreement under section 5. (accord de garantie d’avance) agricultural product means an animal or a plant or a product, including any food or drink, that is wholly or partly derived from an animal or a plant. (produit agricole) Board [Repealed, 2011, c. 25, s. 16] crop [Repealed, 2006, c. 3, s. 1] crop unit [Repealed, 2006, c. 3, s. 1] crop year [Repealed, 2006, c. 3, s. 1] Her Majesty means Her Majesty in right of Canada. (Sa Majesté) lender means a financial institution, as defined in section 2 of the Bank Act, or any other legal entity that the Minister of Finance may designate for the purposes of this Act on the application of that entity. (prêteur) livestock means cattle, sheep, swine and bison and any other animals that may be designated by regulation. (bétail) marketing agency means (a) an association of producers whose object is the marketing, under a cooperative plan, of agricultural products produced by the producers; (b) a person engaged in the processing of agricultural products for marketing under a cooperative plan; or (c) a person authorized by one or more associations or persons mentioned in paragraphs (a) and (b) to market agricultural products under a single cooperative plan. (agence de commercialisation) (d) [Repealed, 2011, c. 25, s. 16] Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs Interpretation Section 2 Minister means the Minister of Agriculture and AgriFood. (ministre) permit book [Repealed, 2011, c. 25, s. 16] price guarantee agreement means an agreement under section 28. (accord de garantie des prix) producer means a producer of an agricultural product who is (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (b) a corporation that is controlled by one or more of the persons or entities referred to in paragraphs (a), (c) and (d); (c) a cooperative a majority of whose members are Canadian citizens or permanent residents; or (d) a partnership or other association of persons where partners or members who are Canadian citizens or permanent residents are entitled to at least 50% of the profits of the partnership or association. (producteur) production period, in respect of an agricultural product, means the period of up to 18 months — or any longer period that is fixed by the Minister — specified in the advance guarantee agreement relating to the agricultural product. (campagne agricole) production unit, in respect of an agricultural product, means the production unit specified in the advance guarantee agreement relating to the agricultural product. (unité de production) program year, in respect of an advance, means the period that is specified in the advance guarantee agreement and the repayment agreement that relates to the advance. (année de programme) repayment agreement means an agreement under subsection 10(2). (accord de remboursement) Interpretation (2) For the purpose of paragraph (b) of the definition producer in subsection (1), a corporation is controlled by a person or entity if the corporation is controlled in any manner that results in control in fact, whether directly through the ownership of voting shares or indirectly through a trustee or other person who administers the property of another, a legal representative, an agent or mandatary or other intermediary acting as nominee or Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs Interpretation Sections 2-4 otherwise, a trust, a contract, the ownership of a corporation or otherwise. 1997, c. 20, s. 2; 1998, c. 17, s. 30; 2001, c. 27, s. 203; 2006, c. 3, s. 1; 2008, c. 7, s. 1; 2011, c. 25, s. 16; 2015, c. 2, s. 120. Related producers 3 (1) Producers are related for the purposes of this Act if they do not deal with each other at arm’s length. Presumption (2) In the absence of proof to the contrary, a producer is presumed to be related to another producer in any of the following circumstances: (a) the producer controls, directly or indirectly in any manner, the other producer; (b) the producer is controlled, directly or indirectly in any manner, by the same person or group of persons as the other producer; (c) the producer carries on a farming operation in partnership with the other producer; (d) the producer shares any management services, administrative services, equipment, facilities or overhead expenses of a farming operation with the other producer, but is not in partnership with that other producer; (e) any other circumstances set out in the regulations. Definition of group of persons (3) For the purposes of subsection (2), group of persons means a producer that is a partnership, cooperative or other association of persons. 1997, c. 20, s. 3; 2000, c. 12, s. 2; 2015, c. 2, s. 121. PART I Advance Payments Program Advance Guarantee Agreements Purpose 4 The purpose of this Part is to improve marketing opportunities for the agricultural products of eligible producers by guaranteeing the repayment of the advances made to them as a means of improving their cash-flow. 1997, c. 20, s. 4; 2006, c. 3, s. 2. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Sections 4.1-5 Eligible agricultural products 4.1 (1) Subject to subsections (2) and (3), this Part applies only in respect of an agricultural product that meets the following criteria: (a) the agricultural product is (i) an animal that is raised in Canada or the fur pelt of such an animal, (ii) a plant that is grown in Canada or the product of such a plant, or (iii) honey or maple syrup that is produced in Canada; (b) the Minister has determined, taking into account any criteria prescribed by regulation, that it is possible to establish an average price for the agricultural product; and (c) the Minister has determined, taking into account any criteria prescribed by regulation, that the agricultural product is not processed or, in the case of a perishable agricultural product, is not processed beyond what is necessary to store it and prevent spoilage. Breeding animals (2) Subject to any regulations made under paragraph (3)(b), animals that are or were used as breeding animals are not agricultural products that are subject to this Part. Regulations (3) The Governor in Council may make regulations (a) designating any agricultural product as being subject to this Part; and (b) designating any breeding animals or classes of breeding animals as being subject to this Part and respecting any conditions related to that designation. 2006, c. 3, s. 2; 2015, c. 2, s. 123. Agreements to guarantee repayment of advances 5 (1) Subject to the other provisions of this Act, the Minister may make an agreement with an administrator or with an administrator and a lender for the purposes of (a) guaranteeing to the administrator or, if the agreement is made with an administrator and a lender, to the lender, the repayment of advances that the administrator makes to eligible producers from money borrowed for the purpose of making the advances, together with any interest on the advances; and Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Section 5 (b) setting out the obligations of the administrator in relation to the advances and their repayment. Restriction (1.1) An advance guarantee agreement may be made with an administrator and a lender, or with an administrator that is a lender, only if the Minister is satisfied that doing so will reduce the interest payable to the lender and the agreement is made subject to terms and conditions approved by the Minister of Finance. Conditions concerning the guarantee (1.2) If a guarantee under the advance guarantee agreement is made to a lender, or to an administrator that is a lender, the agreement must provide, in addition to any other terms and conditions, that the interest rate on the money provided by the lender, or by the administrator, as the case may be, will not exceed the rate specified in the agreement. Administrator to demonstrate ability (2) An administrator must demonstrate to the Minister that it is capable of meeting its obligations under the advance guarantee agreement. Terms and conditions (3) In addition to identifying the agricultural products and specifying the terms and conditions governing advances and their repayment, an advance guarantee agreement must provide that the administrator agrees (a) to make an agreement with each buyer mentioned in subparagraph 10(2)(a)(i), other than the administrator, to withhold amounts as provided in that subparagraph and to remit them immediately to the administrator; (b) to withhold amounts as provided in subparagraph 10(2)(a)(i) in cases where the administrator is the buyer; (c) to make the advances from money borrowed from a lender; (d) to ensure that the interest rate on the money borrowed by the administrator will not exceed the rate specified in the advance guarantee agreement; (e) to take steps, in accordance with the advance guarantee agreement, to ensure that, before an advance is made (i) in the case of an agricultural product that is storable, Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Section 5 (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, (ii) in the case of an agricultural product that is not storable, (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; (f) to repay the money it borrows from the lender, together with the interest, by paying to the lender, within the period specified in the advance guarantee agreement, the amounts the administrator receives as repayment of advances; (g) [Repealed, 2015, c. 2, s. 124] (h) to pay to the Minister any additional interest resulting from its failure to make payments required by paragraph (f); (h.1) after the administrator receives the payment of interest referred to in subparagraph 10(2)(a)(v), to pay to the Minister, within the period specified in the advance guarantee agreement, any interest paid by the Minister under subsection 9(1) on the amount of an advance that is repaid by a producer to the Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Section 5 administrator without proof that the agricultural product has been sold; (i) to pay to the Minister, within the period specified in the advance guarantee agreement, the amount repaid to the administrator under a repayment agreement by a defaulting producer if the Minister has previously made a payment for the producer under subsection 23(1) or (1.1); and (j) to assign, on the Minister’s request and within any period that the Minister specifies, its rights and obligations under the advance guarantee agreement to any entity that the Minister specifies, if the administrator has not met all of its obligations under the agreement and the Minister has sent a notice to the administrator stating that the administrator has had, in the Minister’s opinion, adequate opportunity to meet the obligations, and requesting the administrator to meet them. Specific terms and conditions (3.01) An advance guarantee agreement may include any of the following terms and conditions governing advances and their repayment: (a) the administrator must agree to make advances to producers solely in the areas specified in the agreement; (b) the administrator must agree to make advances to producers solely in relation to the agricultural product specified in the agreement; (c) the producer must agree to inform the administrator of the producer’s participation in any program listed in the schedule; and (d) the producer must agree to assign, if in default, any amounts payable to the producer under a program listed in the schedule to (i) the administrator, to the extent of the producer’s liability under section 22, and (ii) the Minister, to the extent of the producer’s liability under section 23. Designation by Minister (3.02) The Minister may designate, in the advance guarantee agreement with the administrator, agricultural products or classes of agricultural products with respect to which an amount of an advance may be repaid, without proof that the agricultural product has been sold, before the expiry of the production period for which the advance was made. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Sections 5-5.1 Exception (3.1) The terms described in paragraphs (3)(c) and (f) — and in paragraph (3)(h) in relation to payments required by paragraph (3)(f) — are not required if the Minister and an administrator are the only parties to the agreement. Schedule (3.2) The Governor in Council may, by regulation, on the recommendation of the Minister, amend the schedule by adding to it, or deleting from it, the name of a program. Restriction (3.3) An amendment to an advance guarantee agreement may not be made during the period specified in it that constitutes the production period if doing so would extend that period beyond 18 months, or the longer period fixed by the Minister, if one was so fixed before the advance guarantee agreement was entered into. Recovery of costs (4) The administrator may, subject to any terms and conditions of the advance guarantee agreement, charge fees to producers for the purpose of recovering any costs under this Part, including costs related to the recovery of outstanding amounts from producers who are in default under a repayment agreement and costs of receiving and dealing with applications for advances, administering advances and any other administrative services. Maximum contingent liability (5) The aggregate contingent liability of Her Majesty in relation to the principal outstanding under guarantees made under advance guarantee agreements must not at any time exceed $5 billion or the amount fixed by regulation. Amounts withheld from advance (6) The administrator may, with the Minister’s approval, withhold amounts from an advance made to a producer for a purpose authorized under the advance guarantee agreement. 1997, c. 20, s. 5; 1999, c. 26, s. 42; 2006, c. 3, s. 3; 2008, c. 7, s. 2; 2015, c. 2, s. 124. Agreement where guarantee already exists 5.1 (1) The Minister may enter into an advance guarantee agreement with an administrator without making the guarantee referred to in paragraph 5(1)(a) if the Minister is satisfied that the repayment of the advances to be made under the agreement will be guaranteed by another person or entity. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Sections 5.1-7 Provisions do not apply (2) Paragraph 5(3)(i), section 23 and, unless the agreement specifies otherwise, the following provisions do not apply to an advance guarantee agreement that the Minister enters into without making the guarantee referred to in paragraph 5(1)(a): (a) paragraphs 5(3)(c), (e), (f) and (h); (b) paragraphs 10(1)(g) and (h); (c) paragraphs 10(2)(b) and (c); and (d) paragraph 19(1)(c). 2006, c. 3, s. 4; 2008, c. 7, s. 3; 2015, c. 2, s. 125. Obligations of administrators 6 A guarantee given to an administrator is not effective unless the administrator complies with this Act and the advance guarantee agreement. 1997, c. 20, s. 6; 1999, c. 26, s. 43; 2006, c. 3, s. 4. Emergency advance 7 (1) The advance guarantee agreement may authorize the administrator to pay, subject to any terms and conditions set out in the advance guarantee agreement, a portion of an advance as an emergency advance to an eligible producer who (a) has difficulty producing the producer’s agricultural product because of unusual production conditions that are attributable to weather or natural disaster, if it is reasonable to expect that the agricultural product will be marketable; or (b) experiences severe economic hardship, if the Governor in Council, on the recommendation of the Minister and the Minister of Finance, has declared — taking into account any criteria prescribed by regulation — that severe economic hardship affects a class of eligible producers to which that producer belongs and that the severe economic hardship would likely be substantially mitigated by emergency advances. Time limit for payment (2) When acting under paragraph (1)(b), the Governor in Council must specify the time limit — not later than the day on which the production period ends — within which the emergency advances under that paragraph must be paid. Maximum amount (3) The maximum amount of the emergency advance is Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Sections 7-9 (a) in the case of an emergency advance under paragraph (1)(a), the lesser of $25,000, or the amount fixed by regulation, and 50%, or the percentage fixed by regulation, of the advance that the administrator expects to make to the producer in respect of the agricultural product on the basis of the amount of that product that is expected to be produced; or (b) in the case of an emergency advance under paragraph (1)(b), the lesser of $400,000, or the amount fixed by regulation, and 100%, or the percentage fixed by regulation, of the advance referred to in paragraph (a). Provisions do not apply (4) Paragraph 5(3)(e) does not apply to emergency advances under paragraph (1)(a) and, unless the advance guarantee agreement specifies otherwise, the following provisions do not apply to emergency advances under paragraph (1)(b): (a) paragraph 5(3)(e); (b) subsection 5(3.01); (c) paragraphs 10(1)(g) and (h); (d) paragraphs 10(2)(b) to (c); and (e) paragraph 19(1)(c) and subsection 19(3). (5) [Repealed, 2015, c. 2, s. 126] Security (6) The advance guarantee agreement may specify, in the place of or in addition to the security required by regulations made for the purpose of section 12, the security that the administrator is required to take for an emergency advance under paragraph (1)(b). 1997, c. 20, s. 7; 2006, c. 3, s. 4; 2008, c. 7, s. 4; 2015, c. 2, s. 126. 8 [Repealed, 1999, c. 26, s. 44] Payment of interest 9 (1) The Minister must, in relation to each producer, pay to the lender specified in an advance guarantee agreement — or, if the agreement was made only with an administrator, to the administrator — the interest accruing on the amounts borrowed by the administrator to pay the first $100,000 — or the amount fixed by regulation — of the total of the following amounts: (a) the amounts of advances received by the producer during the program year for all of their agricultural products, including amounts under any other advance guarantee agreements, and Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Advance Guarantee Agreements Sections 9-10 (b) the amounts of advances that are received by or attributed to all related producers during the program year for all of their agricultural products, including amounts under any other advance guarantee agreements, and that are attributable to the producer under subsection (2). Attribution (2) If a producer is related to another producer, the amounts received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations. Interest on emergency advances (3) The Minister is not required to pay the interest for an emergency advance, unless the advance guarantee agreement provides for its payment. Reduction of principal (4) When an amount is repaid on account of a guaranteed advance, the amount on which the Minister must pay interest is reduced by the amount of the repayment. 1997, c. 20, s. 9; 2006, c. 3, s. 5; 2015, c. 2, s. 127. Eligibility and Repayment Eligibility requirements for producers 10 (1) For a producer to be eligible for a guaranteed advance during a program year, (a) the Minister must determine, taking into account any criteria prescribed by regulation, that the producer continuously owns the agricultural product, is responsible for marketing it and either is or was producing it; (b) if the producer is an individual, the producer must have attained the age of majority in the province where the producer’s farming operation is carried on; (c) if the producer is a corporation with only one shareholder, (i) the individual who makes the application for an advance on the producer’s behalf must have attained the age of majority in the province where the producer’s farming operation is carried on, and (ii) the shareholder must agree in writing to be personally liable — or a guarantor prescribed by the Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Section 10 regulations must agree in writing to be liable — to the administrator for any of the producer’s liability under section 22 and to provide any security for the repayment of the advance that the administrator requires; (d) if the producer is a corporation with two or more shareholders, a partnership, a cooperative or another association of persons, (i) the individual who makes the application for an advance on behalf of the corporation, partnership, cooperative or association must have attained the age of majority in the province where the producer’s farming operation is carried on, and (ii) each of the shareholders, partners or members, as the case may be, must agree in writing to be jointly and severally, or solidarily, liable — or a guarantor prescribed by the regulations must agree in writing to be liable — to the administrator for the producer’s liability under section 22 and to provide any security for the repayment of the advance that the administrator requires; (e) the producer and, to the extent provided in the advance guarantee agreement, any related producers must not be in default under a repayment agreement; (f) the producer must not be ineligible under subsection 21(4); (f.1) the producer must demonstrate to the administrator that they are capable of meeting their obligations under the repayment agreement and that they are meeting all of their obligations under any other repayment agreement; (g) the producer must not have given the agricultural product, or any amount to be received under a program listed in the schedule, as security ranking in priority to the security created by section 12; (h) the producer must demonstrate that (i) in the case of an agricultural product that is storable, (A) it is of marketable quality and stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Section 10 amount of the advance is covered by the security referred to in section 12, (ii) in the case of an agricultural product that is not storable, (A) it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; and (i) the producer must meet any additional requirements prescribed by regulation. Sharing security (1.1) For the purpose of paragraph (1)(g), the producer’s eligibility is not affected by the administrator sharing the security referred to in section 12 with another creditor in accordance with the terms and conditions specified in the advance guarantee agreement. Eligible producers must make repayment agreements (2) An eligible producer must make a repayment agreement with the administrator under which the producer agrees (a) to repay the advance (i) by selling the agricultural product for which the advance is to be made to a buyer or buyers named by the administrator, and authorizing in writing each buyer to withhold from any amount they pay to the producer for each production unit an amount determined in accordance with the repayment schedule specified in the agreement, Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Section 10 (ii) by selling, in accordance with the terms and conditions specified in the agreement, the agricultural product for which the advance is to be made and paying directly to the administrator, for each production unit, an amount determined in accordance with the repayment schedule specified in the agreement, (iii) by paying directly to the administrator any amount received under a program listed in the schedule in accordance with the terms and conditions specified in the agreement, (iv) by assigning to the administrator amounts payable to the producer under a program listed in the schedule in accordance with the terms and conditions specified in the agreement, (v) if the producer repays to the administrator an amount of the advance without proof that the agricultural product has been sold and that amount is greater than the amount prescribed by the regulations, by paying to the administrator, in accordance with the terms and conditions specified in the repayment agreement, the amount of interest owed under that agreement on the difference obtained by subtracting that prescribed amount from that repaid amount, (vi) by any other means prescribed by the regulations, or (vii) by paying the administrator using a combination of the means described in subparagraphs (i) to (vi); (a.1) if the repayment agreement is in respect of an agricultural product designated by the Minister in the advance guarantee agreement, or an agricultural product in a class of agricultural products that is so designated, to repay the amount of the advance with respect to that agricultural product, with or without proof that it has been sold, before the expiry of the production period for which the advance was made; (b) to ensure that (i) in the case of an agricultural product that is storable, (A) it is of marketable quality and will be stored so as to remain of marketable quality until disposed of in accordance with the repayment agreement, or (B) if it is in the course of being produced or is not yet produced, either the amount of the Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Section 10 advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, (ii) in the case of an agricultural product that is not storable, (A) it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement and either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, or (B) if it is in the course of being produced or is not yet produced, either the amount of the advance is covered by a program listed in the schedule and the amounts that may be received under that program are assignable or the amount of the advance is covered by the security referred to in section 12, and (iii) despite subparagraphs (i) and (ii), in the case of an agricultural product that is livestock, it is of marketable quality and will be maintained so as to remain of marketable quality until disposed of in accordance with the repayment agreement; (b.1) if required by the advance guarantee agreement, to inform the administrator of the producer’s participation in any program listed in the schedule; (b.2) if required by the advance guarantee agreement, to assign, if the producer is in default, any amounts payable to the producer under a program listed in the schedule to (i) the administrator, to the extent of the producer’s liability under section 22, and (ii) the Minister, to the extent of the producer’s liability under section 23; (c) to repay the amount of the overpayment, if any, of the advance within the period that begins on the earlier of the day on which the producer becomes aware of the overpayment and the day on which the administrator mails or delivers a notice to the producer stating that there has been an overpayment of the advance and ends on the expiry of the number of days set out in the agreement; and Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Sections 10-12 (d) to comply with any other terms and conditions set out in the agreement, including terms and conditions governing the delivery of the agricultural product and the payment of interest, both before and after any default. Waiver (2.1) The administrator may, with the Minister’s approval and subject to any conditions specified by the Minister, waive those requirements of a repayment agreement that are referred to in paragraph 2(a) in order to permit a producer to repay an advance under the agreement if the administrator is satisfied that the agricultural product in respect of which the advance has been made has not been disposed of by the producer. Terms and conditions governing emergency advances (3) Terms and conditions in the advance guarantee agreement relating to emergency advances must also be included in the repayment agreements of producers who receive those advances. Required information (4) The producer must provide to the administrator any information that it requests for the purpose of applying this Act. 1997, c. 20, s. 10; 1999, c. 26, s. 45; 2006, c. 3, s. 6; 2008, c. 7, s. 5; 2015, c. 2, s. 128. Unmarketable agricultural product 11 Subject to section 22, if an agricultural product for which a guaranteed advance is made ceases, in whole or in part, to be in marketable condition, through no fault of the producer, the producer becomes liable to repay to the administrator that made the advance, within the period specified in the advance guarantee agreement, the portion of the guaranteed advance that is attributable to the unmarketable portion of the agricultural product, together with the interest — other than the interest paid by the Minister under subsection 9(1) — accruing on that portion calculated from the date of the advance. 1997, c. 20, s. 11; 2006, c. 3, s. 7; 2015, c. 2, s. 129. Security 12 An administrator that makes a guaranteed advance for an agricultural product to a producer in a program year shall take the security required by regulations made under paragraph 40(1)(f.2) for the amount of the producer’s liability under sections 22 and 23. 1997, c. 20, s. 12; 2006, c. 3, s. 7; 2015, c. 2, s. 130. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Eligibility and Repayment Sections 13-19 Security that includes animal — special case 13 If the security referred to in section 12 includes an agricultural product that is an animal raised in a particular area, the value of that agricultural product is considered to be 50%, or the percentage fixed by regulation, of the average price that in the Minister’s opinion will be payable to producers of that agricultural product in that area. 1997, c. 20, s. 13; 2006, c. 3, s. 8; 2011, c. 25, s. 17; 2015, c. 2, s. 131. 14 [Repealed, 2011, c. 25, s. 17] 15 [Repealed, 2006, c. 3, s. 10] 16 [Repealed, 2011, c. 25, s. 17] 17 [Repealed, 2011, c. 25, s. 17] 18 [Repealed, 2011, c. 25, s. 17] Amount of Advances Amount of advance to be guaranteed 19 (1) Subject to subsection (3), the amount of an advance eligible for a guarantee under this Part is calculated by multiplying (a) the number of production units for which the advance is to be made by (b) the rate per production unit that is specified by the Minister for the agricultural product for the production period for which the advance is made, or for a specified portion of the production period for which the advance is made. by (c) the rate obtained by subtracting the administrator’s percentage, as determined under the regulations, from 100%. Administrator’s percentage (1.1) The administrator’s percentage mentioned in paragraph (1)(c), as determined under the regulations, must not exceed 10%. If the regulations establish a method of calculating that percentage, when the calculation results in a percentage that is less than 3%, that percentage is deemed to be 3% and when the calculation results in a percentage that is greater than 10%, that percentage is deemed to be 10%. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Amount of Advances Sections 19-20 Rate per production unit (2) The rate per production unit may be specified for a particular agricultural product in a particular area, but it must not exceed 50%, or the percentage fixed by regulation, of the average price that in the Minister’s opinion will be payable to producers of the agricultural product in that area. Exception (3) If, because of paragraph 10(1)(h), the amount of the advance must be covered by a program listed in the schedule or the security referred to in section 12, the maximum amount of an advance eligible for a guarantee under this Part is (a) in the case when the advance is covered by such a program, the lesser of the amount calculated under subsection (1) and the percentage, specified in the advance guarantee agreement, of the maximum amount that the producer could receive under that program; or (b) in the case when the advance is covered by such a security, the lesser of the amount calculated under subsection (1) and the amount of the value of that security. 1997, c. 20, s. 19; 2006, c. 3, s. 10; 2015, c. 2, s. 132. Annual maximum guarantee for each producer 20 (1) Subject to subsection (1.1), the maximum amount of advances in any program year that are eligible for a guarantee under this Act is (a) for a particular agricultural product produced by a producer, the amount specified in the advance guarantee agreement for that agricultural product; and (b) for all agricultural products produced by a producer or a related producer, to the extent that advances for the agricultural products are attributable to the producer under subsection (2), $400,000 or the amount fixed by regulation. Overlapping production periods (1.1) The maximum amount of all advances that are eligible for a guarantee under this Act in relation to a producer, or to a related producer to the extent that the advances are attributable to the producer under subsection (2), may not, at any one time, exceed $400,000, or the amount fixed by regulation. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Amount of Advances Sections 20-21 Attribution (2) If a producer is related to another producer, the amounts of advances received by, or attributed to, the other producer are attributable to the producer in accordance with the percentage or method of calculation set out in the regulations. 1997, c. 20, s. 20; 2006, c. 3, s. 11; 2015, c. 2, s. 133. Default Circumstances constituting default 21 (1) For the purposes of this Part, a producer is in default under a repayment agreement if the producer (a) has not met all of their obligations under the agreement within 21 days after the day on which the administrator mails or delivers a notice to the producer stating that the producer has had, in the administrator’s opinion, adequate opportunity to meet the obligations, and requesting the producer to meet them; (b) has not met all of their obligations under the agreement at the end of the production period for which the advance was made; (c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer; (c.1) becomes the subject of proceedings under the Companies’ Creditors Arrangement Act and has not met all of their obligations under the agreement; (c.2) has made an application under section 5 of the Farm Debt Mediation Act and has not met all of their obligations under the agreement; (d) at any time breaches an obligation under the agreement and, if the breach relates to the obligation to store the agricultural product or to maintain it so that it remains of marketable quality, section 11 does not apply; (d.1) is, in the administrator’s opinion, at fault for causing or contributing to a decrease in the value of the security taken by the administrator under section 12 and, as a result, in the administrator’s opinion, the value of the security is less than the value of the outstanding amount of the advance; or (e) provides false or misleading information to the administrator for the purpose of obtaining a guaranteed Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Default Sections 21-22 advance, or evading compliance with an undertaking to repay it. Stay of default (2) Subject to any regulations, if a default is impending, the Minister may, at the administrator’s request, order the default to be stayed for a specified period on any terms and conditions that the Minister may establish. Liability of producer (2.1) A producer in respect of whom a stay of default is ordered is liable to the administrator for the costs incurred by the administrator in relation to the stay of default, other than the costs that the administrator has recovered by means of a fee charged to the producer under subsection 5(4). When default ceases (3) A producer ceases to be in default on the full discharge of the producer’s liability under sections 22 and 23. Ineligibility period (4) An advance guarantee agreement may provide that a producer continues to be ineligible for a guaranteed advance from the administrator for any period specified in the agreement, even though the producer has ceased to be in default. 1997, c. 20, s. 21; 2004, c. 25, s. 183; 2006, c. 3, s. 12; 2015, c. 2, s. 134. Liability of defaulting producer to administrator 22 A producer who is in default under a repayment agreement is liable to the administrator for (a) the outstanding amount of the guaranteed advance; (b) the interest at the rate specified in the repayment agreement on the outstanding amount of the advance, calculated from the date of the advance; (c) the costs, including legal costs, incurred by the administrator to recover the outstanding amounts and interest, if those costs are approved by the Minister, other than the costs that the administrator has recovered by means of a fee charged to the producer under subsection 5(4); and (d) any other outstanding amounts under the repayment agreement. 1997, c. 20, s. 22; 2015, c. 2, s. 135. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Default Section 23 Payments to be made by Minister 23 (1) If the producer is in default under the repayment agreement and the Minister receives a request for payment from the administrator or lender to whom the guarantee is made, the Minister must, in accordance with the advance guarantee agreement and subject to any regulations made under paragraph 40(1)(g) or (g.1), pay to the lender or the administrator, as the case may be, an amount equal to the amounts referred to in paragraphs 22(a) and (c) and the interest, other than the interest paid by the Minister under subsection 9(1), at the rate specified in the advance guarantee agreement on the outstanding amount of the advance, calculated from the date of the advance. Payments may be made by Minister (1.1) The Minister may, subject to any regulations made under paragraph 40(1)(g) or (g.1), pay to the lender or the administrator, as specified in the advance guarantee agreement, an amount equal to the amounts referred to in paragraphs 22(a) and (c) and the interest, other than the interest paid by the Minister under subsection 9(1), at the rate specified in the advance guarantee agreement on the outstanding amount of the advance, calculated from the date of the advance, if (a) the producer is in default under the repayment agreement and has made an application under section 5 of the Farm Debt Mediation Act; or (b) the producer has been in default under the repayment agreement for the period specified in the advance guarantee agreement. Subrogation (2) The Minister is, to the extent of any payment under subsection (1) or (1.1), subrogated to the administrator’s rights against the producer in default and against persons who are liable under paragraphs 10(1)(c) and (d) and may maintain an action, in the name of the administrator or in the name of the Crown, against that producer and those persons. Recovery of interest and costs (3) The producer is liable to the Minister for interest on the subrogated amount, calculated in accordance with the repayment agreement, and the costs incurred by the Minister to recover that amount, including legal costs. Limitation or prescription period (4) Subject to the other provisions of this section, no action or proceedings may be taken by the Minister to recover any amounts, interest and costs owing after the six Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Default Section 23 year period that begins on the day on which the Minister is subrogated to the administrator’s rights. Deduction, set-off or compensation (5) The amounts, interest and costs owing may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession. Acknowledgment of liability (6) If a person acknowledges liability for the amounts, interest and costs owing, whether before or after the end of the limitation or prescription period, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of the limitation or prescription period and an action or proceedings to recover the amounts, interest and costs may be taken within six years after the day of the acknowledgment of liability. Types of acknowledgment (7) An acknowledgement of liability means (a) a written promise to pay the amounts, interest and costs owing, signed by the person or his or her agent or other representative; (b) a written acknowledgment of the amounts, interest and costs owing, signed by the person or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a payment, even in part, by the person or his or her agent or other representative of any of the amounts, interests and costs owing; (d) any acknowledgment of the amounts, interest and costs owing made by the person, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act, the Farm Debt Mediation Act or any other legislation dealing with the payment of debts; or (e) the person’s performance of an obligation under the repayment agreement referred to in subsection (1). Period excluded (8) Any period in which it is prohibited to commence or continue an action or proceedings against the person to recover the amounts, interest and costs owing does not Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART I Advance Payments Program Default Sections 23-28 count in the calculation of a limitation or prescription period under this section. Enforcement proceedings (9) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. 1997, c. 20, s. 23; 1999, c. 26, s. 46; 2008, c. 7, s. 6; 2015, c. 2, s. 136. 24 [Repealed, 2011, c. 25, s. 18] Payments out of the C.R.F. 25 Payments that the Minister or the Minister of Finance is liable to make under this Part are to be made out of the Consolidated Revenue Fund. PART II Price Pooling Program Purpose 26 The purpose of this Part is to facilitate the marketing of agricultural products under cooperative plans by guaranteeing minimum average prices of products sold by marketing agencies. Conditions for price guarantee agreements 27 The Minister may, with the approval of the Minister of Finance, establish conditions under which price guarantee agreements may be made. Minister may make agreements 28 (1) Once the Minister has established the conditions, the Minister may make a price guarantee agreement with a marketing agency. Contents of agreement (2) The price guarantee agreement must provide that (a) the Minister is to pay amounts based on the difference obtained by subtracting (i) the average wholesale price of an agricultural product from (ii) the initial payment made by the marketing agency for the agricultural product, together with the marketing agency’s costs; Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART II Price Pooling Program Section 28 (b) the initial payment and the marketing agency’s costs applicable to the agricultural product are those relating to the volume, grade, type and variety of the product at the time of sale; (c) the average wholesale price is to be a reasonable price, as determined at the time of sale and, in case of a dispute, the Minister determines the price; (d) the initial payment, the marketing agency’s costs and the average wholesale price are to be determined in the manner specified in the agreement, including specified maximum amounts; and (e) the marketing agency is to comply with this Part and any other terms and conditions specified in the agreement. Requirements for marketing agency (3) The cooperative plan administered by the marketing agency must apply to (a) a significant portion of the producers in the area where the plan applies; or (b) a significant portion of the agricultural product produced in that area. In addition, the Minister must be satisfied that marketing the product under the cooperative plan will benefit the producers. Cooperative plan (4) The cooperative plan must be an agreement or arrangement for marketing that provides for (a) an initial payment to producers for delivery, in accordance with the agreement or arrangement, of an agricultural product produced in Canada; (b) pooling the proceeds of the sale of the agricultural product; (c) equal returns to the producers for like grades, varieties and types of the agricultural product; and (d) returning to the producers the proceeds of the sale of all of the agricultural product delivered under the agreement or arrangement and produced during a period of 12 months or less specified in the agreement or arrangement, after deducting the marketing agency’s costs and any reserves. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART II Price Pooling Program Sections 29-31 Production and delivery of product 29 (1) The agricultural product must be (a) produced by the producer who received the initial payment during the period specified under paragraph 28(4)(d); and (b) delivered during that period to the marketing agency under a single cooperative plan. Discontinuing delivery (2) During the period specified under paragraph 28(4)(d), the Minister may give notice to the marketing agency that the price guarantee agreement will not apply to any quantity of the agricultural product delivered after the date specified in the notice. Payment of liabilities under agreement 30 The Minister of Finance may, with the approval of the Governor in Council, pay out of the Consolidated Revenue Fund any amount that the Minister of Agriculture and Agri-Food becomes liable to pay under a price guarantee agreement. PART III Government Purchases Program Powers of Minister 31 (1) The Minister may, with the authorization of the Governor in Council, (a) sell or deliver agricultural products to a government or government agency of any country under an agreement made by Her Majesty with the government or government agency, and for that purpose may purchase agricultural products and make any arrangements for their purchase, sale or delivery that the Minister considers necessary or desirable; (b) purchase, or negotiate contracts for the purchase of, agricultural products on behalf of a government or government agency of any country; (c) buy, sell or import agricultural products; (d) require any person on reasonable notice to give, at a specified time, any information about agricultural products that may be necessary for the administration of this Part; and Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART III Government Purchases Program Sections 31-34 (e) store, transport or process agricultural products, or make contracts for their storage, transportation or processing. Limitation (2) Except with the approval of the Governor in Council, the Minister may not sell an agricultural product under paragraph (1)(a) or (c) at a price lower than the purchase price plus handling, storage and transportation costs. PART IV General Provisions Contractual and Financial Matters Cost recovery regulations 32 For the purpose of recovering costs incurred by the Minister under this Act, the Minister may make regulations for charging fees related to making advance guarantee agreements and price guarantee agreements and fees for any other services provided by the Minister under this Act. 33 [Repealed, 2011, c. 25, s. 19] Crown debts assignable 33.1 The following may be assigned in whole or in part: (a) for the purposes of Part I, an amount payable under a program listed in the schedule that is a Crown debt within the meaning of section 66 of the Financial Administration Act; and (b) for the purposes of Part II, an amount payable by the Minister under a price guarantee agreement. 2006, c. 3, s. 14. Offences and Punishment Information relating to advance guarantees 34 (1) An administrator commits an offence if, for the purpose of obtaining a guarantee from the Minister under Part I or evading compliance with any obligation relating to the guarantee, the administrator (a) gives false or misleading information to the Minister; or Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART IV General Provisions Offences and Punishment Sections 34-36 (b) fails to disclose any relevant information to the Minister. Information relating to guaranteed advances (2) A person commits an offence if, for the purpose of obtaining a guaranteed advance under Part I, or evading, or helping someone evade, compliance with an undertaking to repay it, the person (a) gives false or misleading information to an administrator or to the Minister; or (b) fails to disclose any relevant information to an administrator or to the Minister. (3) and (4) [Repealed, 2015, c. 2, s. 137] 1997, c. 20, s. 34; 2006, c. 3, s. 15; 2015, c. 2, s. 137. Information relating to price guarantee agreements 35 (1) A marketing agency commits an offence if, for the purpose of negotiating a price guarantee agreement, or obtaining a payment or evading compliance with any obligation under the agreement, the marketing agency (a) gives false or misleading information to the Minister; or (b) fails to disclose any relevant information to the Minister. Information relating to payments (2) A person commits an offence if, for the purpose of obtaining a payment under Part II, the person (a) gives false or misleading information to a marketing agency or to the Minister; or (b) fails to disclose any relevant information to a marketing agency or to the Minister. Non-compliance with information requirements 36 (1) A person who does not comply with a requirement to provide information under paragraph 31(1)(d) commits an offence. Evidence of requirements (2) In a prosecution under subsection (1), evidence of a requirement may be given by the production of a copy of the requirement appearing to be certified as a copy by the Minister or another official of the Department of Agriculture and Agri-Food. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART IV General Provisions Offences and Punishment Sections 37-40 Punishment 37 A producer, administrator, marketing agency or other person who commits an offence under this Act is (a) if the offence is committed wilfully, liable on proceedings by way of indictment to a fine of not more than $500,000, to imprisonment for a term of not more than five years, or to both; and (b) in any other case, liable on summary conviction to a fine of not more that $10,000, to imprisonment for a term of not more than six months, or to both. Prosecution of partnership 38 (1) A prosecution under this Act against a partnership may be brought in the name of the partnership and, for the purpose of the prosecution, the partnership is deemed to be a person. Anything done or omitted by a partner or agent of the partnership within the scope of their authority to act on behalf of the partnership is deemed to have been done or omitted by the partnership. Officers, etc., of corporations or partnerships (2) If a corporation or partnership commits an offence under this Act, whether or not it has been prosecuted or convicted, any officer, director, partner or agent of the corporation or partnership 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 to the punishment provided for the offence. Limitation period 39 A prosecution under this Act may be instituted no later than five years after the act or omission giving rise to the prosecution occurred. Regulations Governor in Council regulations 40 (1) The Governor in Council may make regulations (a) for the purposes of the definition administrator in subsection 2(1), prescribing criteria for determining (i) whether organizations represent producers in an area, or (ii) what constitutes a significant portion of an agricultural product, either generally or with respect to any specified area; Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART IV General Provisions Regulations Section 40 (a.1) designating animals as livestock for the purposes of the definition livestock in subsection 2(1); (a.2) defining the meanings of the words and expressions control and controlled by for the purposes of paragraphs 3(2)(a) and (b); (a.3) prescribing, for the purposes of paragraph 3(2)(e), circumstances in which producers are presumed to be related; (b) for the purpose of subsection 4.1(1) and any regulations made under subsection 4.1(3), prescribing criteria for (i) establishing an average price for an agricultural product, or (ii) determining whether an agricultural product is not processed or not processed beyond what is necessary to store it and prevent spoilage; (c) fixing an amount for the purposes of each of subsection 5(5), paragraphs 7(3)(a) and (b), subsection 9(1), paragraph 20(1)(b) and subsection 20(1.1), which amount may, for the purposes of subsection 9(1), paragraph 20(1)(b) or subsection 20(1.1), differ with regard to classes of producers; (d) prescribing criteria for the purposes of paragraph 7(1)(b); (d.1) and (d.2) [Repealed, 2015, c. 2, s. 138] (e) fixing a percentage for the purposes of each of paragraphs 7(3)(a) and (b), section 13 and subsection 19(2); (e.01) for the purposes of subsections 9(2) and 20(2), fixing the percentage or percentages of the amounts received by, or attributed to, related producers that are to be attributable to a producer, which percentage or percentages may differ depending on the type of producer or related producer; (e.02) for the purposes of subsections 9(2) and 20(2), respecting the method of calculating the amounts received by, or attributed to, related producers that are to be attributable to a producer, which method of calculation may differ depending on the type of producer or related producer; (e.1) prescribing criteria for determining, for the purpose of paragraph 10(1)(a), when a producer ceases to own an agricultural product or ceases to be responsible for its marketing; Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART IV General Provisions Regulations Section 40 (e.11) respecting, for the purposes of subparagraphs 10(1)(c)(ii) and (d)(ii), guarantors or classes of guarantors and the security or classes of security that must be provided by guarantors; (e.2) prescribing, for the purposes of paragraph 10(1)(i), additional requirements, including requirements based on different classes of producers or agricultural products, different amounts of potential producer liability and different risks associated with that liability; (f) prescribing an amount for the purposes of subparagraph 10(2)(a)(v); (f.01) prescribing, for the purposes of subparagraph 10(2)(a)(vi), any means that may be used to repay an advance and the terms and conditions respecting those repayments; (f.1) for the purposes of paragraph 10(2)(c), defining overpayment; (f.2) respecting the security or classes of security that administrators are required to take for the purposes of section 12; (f.3) determining, for the purposes of paragraph 19(1)(c), the administrator’s percentage or establishing a method of calculating it, which percentage may differ among administrators depending on their experience and past performance; (f.4) respecting stays of default under subsection 21(2); (g) respecting the attempts to be made by an administrator to collect on a producer’s liability under section 22 before and after the administrator requests payment from the Minister under subsection 23(1); (g.1) respecting the terms and conditions that must be met before a request for payment referred to in subsection 23(1) is made by a lender; (h) for determining for the purposes of subsection 28(3) what is a significant portion of producers or agricultural product; (h.1) respecting the assignment of the amounts referred to in paragraphs 33.1(a) and (b); (h.2) prescribing anything that is to be prescribed under this Act; and (i) generally, for carrying out the purposes and provisions of this Act. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART IV General Provisions Regulations Sections 40-42 Recommendation (2) Regulations made under paragraph (1)(c) or (e) may be made only on the Minister’s recommendation with the concurrence of the Minister of Finance. Different requirements for security (3) Regulations made under paragraph (1)(f.2) may require different security to be taken with respect to different classes of agricultural products, different amounts of producer liability and different risks associated with that liability. 1997, c. 20, s. 40; 1999, c. 26, s. 47; 2006, c. 3, s. 16; 2008, c. 7, s. 7; 2015, c. 2, s. 138. Reports to Parliament Annual report 41 At the end of each fiscal year, the Minister must prepare a report on the administration of this Act, including the agreements made under it, and must have the report laid before each House of Parliament on any of the first 15 days on which it is sitting after the report is completed. Five-year review 42 (1) Every five years after the coming into force of this subsection, the Minister must review the provisions and operation of this Act in consultation with the Minister of Finance. Emergency advances (1.1) The Ministers’ review of the provisions of this Act relating to emergency advances under paragraph 7(1)(b) and their application must specifically address whether those provisions are necessary and to what extent they should be retained or modified. Tabling of report (2) The Minister must have a report on the review laid before each House of Parliament on any of the first 30 days on which it is sitting after the report is completed. 1997, c. 20, s. 42; 2006, c. 3, s. 17; 2008, c. 7, s. 8; 2015, c. 2, s. 139. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART V Repeals, Transitional Provisions, Consequential Amendments and Coming into Force Sections 43 to 45-49 PART V Repeals, Transitional Provisions, Consequential Amendments and Coming into Force Repeals 43 to 45 [Repeals] 46 [Repealed before coming into force, 2011, c. 25, s. 20] Transitional Provisions Agricultural Products Board Act Definition of Board 47 In sections 48 and 49, Board means the Agricultural Products Board, established under subsection 3(1) of the Agricultural Products Board Act. Rights and obligations transferred 48 (1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty. References (2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name is to be read as a reference to Her Majesty, unless the context requires otherwise. Closing out affairs (3) The Minister may do anything necessary for or incidental to closing out the affairs of the Board. Legal proceedings against Her Majesty 49 (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board. Legal proceedings by Her Majesty (2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART V Repeals, Transitional Provisions, Consequential Amendments and Coming into Force Transitional Provisions Agricultural Products Board Act Sections 49-52.1 Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board. Continuation of legal proceedings (3) Any action, suit or other legal proceeding to which the Board is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board. * * [Note: Section 49 in force January 1, 1997, see subsection 56(1).] Agricultural Products Cooperative Marketing Act No agreements after December 31, 1996 50 No agreements may be made under section 3 of the Agricultural Products Cooperative Marketing Act after December 31, 1996. Advance Payments for Crops Act No guarantees of advances after March 31, 1997 51 The Minister may not guarantee under section 4 of the Advance Payments for Crops Act any advances made after March 31, 1997 or any interest attributable to those advances. Defaults 51.1 For the purpose of applying paragraph 10(1)(e), a default under a repayment agreement includes a default in repaying an advance made under the Advance Payments for Crops Act on or before March 31, 1997. 1997, c. 20, s. 51.1; 2006, c. 3, s. 18. Prairie Grain Advance Payments Act 52 [Repealed, 2011, c. 25, s. 21] Defaults 52.1 For the purpose of applying paragraph 10(1)(e), a default under a repayment agreement includes a default in repaying an advance payment made under the Prairie Grain Advance Payments Act on or before May 31, 1997. 1997, c. 20, s. 52.1; 2006, c. 3, s. 19. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs PART V Repeals, Transitional Provisions, Consequential Amendments and Coming into Force Consequential Amendments Sections 53 to 55-56 Consequential Amendments 53 to 55 [Amendments] Coming into Force Coming into force — general 56 (1) This Act, except sections 44 to 46, comes into force on January 1, 1997. Coming into force — sections 44 to 46 (2) Sections 44 to 46 come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Section 44 in force May 15, 2014, see SI/2014-47; section 45 in force May 15, 2014, see SI/2014-48.] Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs SCHEDULE Programs SCHEDULE (Sections 5, 10, 19 and 33.1) Programs AgriStability Production Insurance Program Programme d’assurance stabilisation des revenus agricoles 2006, c. 3, s. 20; SOR/2010-283; 2015, c. 2, s. 140. Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs RELATED PROVISIONS RELATED PROVISIONS — 1999, c. 26, s. 48 48 Sections 42 to 47 apply to crop years beginning on or after April 1, 1998. — 2006, c. 3, s. 21 Transitional 21 (1) The following definitions apply in this section. new Act means the Agricultural Marketing Programs Act as it reads on the day on which this Act comes into force. (nouvelle loi) old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this Act comes into force. (ancienne loi) Old Act continues to apply (2) The old Act continues to apply after the day this Act comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on the day on which this Act comes into force. Unpaid amounts — old Act (3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this Act comes into force are to be taken into account for the purposes of applying the new Act. Unpaid amounts — spring credit advances (4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program that are still in existence on the day on which this Act comes into force are to be taken into account for the purposes of applying the new Act. Default — spring credit advances (5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act. Retroactive effect of regulations (6) For the purpose of implementing the amendments to the Agricultural Marketing Programs Act enacted by this Act, a regulation made under the new Act, shall, if Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs RELATED PROVISIONS the regulation so provides, be retroactive and be deemed to have come into force on a day earlier than the day on which the regulation was made, which earlier day may not be before the day on which this Act comes into force. — 2008, c. 7, s. 9 Transitional provision 9 (1) The Agricultural Marketing Programs Act, as it read immediately before the day on which this Act comes into force, continues to apply as of that day to any agreement entered into under Part I of that Act that is still in existence on the day on which this Act comes into force. Exception (2) However, the Agricultural Marketing Programs Act, as amended by this Act, applies to an agreement referred to in subsection (1) as of the day on which the parties amend the agreement to specify that that Act will apply and to bring the agreement into conformity with that Act. — 2015, c. 2, s. 153 Definitions 153 (1) The following definitions apply in this section. new Act means the Agricultural Marketing Programs Act as it reads on the day on which this section comes into force. (nouvelle loi) old Act means the Agricultural Marketing Programs Act as it read immediately before the day on which this section comes into force. (ancienne loi) Old Act continues to apply (2) The old Act continues to apply on and after the day on which this section comes into force with respect to advance guarantee agreements and repayment agreements entered into under the old Act that are still in existence on that day. Unpaid amounts — old Act (3) Amounts remaining unpaid in respect of advances made under advance guarantee agreements entered into under the old Act that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act. Unpaid amounts — spring credit advances (4) Amounts remaining unpaid in respect of advances made under agreements entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Current to June 20, 2022 Last amended on February 5, 2016 Agricultural Marketing Programs RELATED PROVISIONS Advance Program that are still in existence on the day on which this section comes into force are to be taken into account for the purposes of applying the new Act. Default — spring credit advances (5) A default under a repayment agreement entered into under the Spring Credit Advance Program or the Enhanced Spring Credit Advance Program is deemed to be a default under a repayment agreement entered into under the new Act. Current to June 20, 2022 Last amended on February 5, 2016

CONSOLIDATION Apprentice Loans Act S.C. 2014, c. 20, s. 483 NOTE [Enacted by section 483 of chapter 20 of the Statutes of Canada, 2014, in force January 2, 2015, see SI/2014-100.] 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 the making of loans to apprentices Short Title 1 Short title Interpretation 2 Definitions Purpose 3 Purpose Apprentice Loans 4 Agreements with eligible apprentices Agreements or arrangements with service providers Suspension or denial of apprentice loans Special Payments 7 Special payments Interest-free and Deferral Periods 8 Interest-free period Period — March 30, 2020 to September 30, 2020 8.1 Suspension of interest and payments Period — April 1, 2021 to March 31, 2023 8.2 Suspension of interest Death or Disability of Borrower 9 Death of borrower Severe permanent disability Maximum Amount of Outstanding Apprentice Loans 11 Maximum amount Current to June 20, 2022 Last amended on June 29, 2021 ii Apprentice Loans TABLE OF PROVISIONS Regulations 12 Regulations General 13 Forms and documents Right of recovery by Minister Waiver Apprentice loan denied due to error Limitation or prescription period Requirement to provide information or documents False statement or information Administrative measures Authority to enter into agreements and arrangements Payment out of C.R.F. Current to June 20, 2022 Last amended on June 29, 2021 iv S.C. 2014, c. 20, s. 483 An Act respecting the making of loans to apprentices [Assented to 19th June 2014] Short Title Short title 1 This Act may be cited as the Apprentice Loans Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. eligible trade means a trade listed in the schedule to the regulations. (métier admissible) Minister means the Minister of Employment and Social Development. (ministre) technical training provider means an institution that is approved by a province for the purpose of providing technical training. (fournisseur de formation technique) Other definitions (2) In this Act, the words and expressions apprentice, apprentice loan, borrower, eligible apprentice, technical training and technical training period have the meanings assigned by the regulations. Purpose Purpose 3 The purpose of this Act is to assist eligible apprentices by making loans available to them. Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Apprentice Loans Sections 4-5 Apprentice Loans Agreements with eligible apprentices 4 (1) Subject to subsection (2), the Minister, or any person authorized by order of the Minister to act on the Minister’s behalf, may enter into an agreement with any eligible apprentice who is registered in an eligible trade for the purpose of making an apprentice loan. Financial terms and conditions (2) Any terms and conditions in the agreement that could have a financial impact on Her Majesty in right of Canada are subject to approval by the Governor in Council, on the recommendation of the Minister with the concurrence of the Minister of Finance. Agreements or arrangements with service providers 5 (1) The Minister may enter into an agreement or arrangement with any corporation incorporated under the laws of Canada or a province and carrying on business in Canada (in this section referred to as a “service provider”), respecting the administration of apprentice loans made by the Minister. An agreement may provide for, but is not limited to, any matter referred to in the regulations. Receipt and Deposit of Public Money Regulations, 1997 (2) Despite section 3 of the Receipt and Deposit of Public Money Regulations, 1997, the portion of the following money that is public money and is collected or received electronically by a service provider that has entered into an agreement under subsection (1) must be paid to the credit of the Receiver General by depositing it, within two business days after the day on which it is collected or received, in an account established under subsection 17(2) of the Financial Administration Act: (a) money collected or received as repayment of an apprentice loan or as payment of interest owing on that loan; and (b) interest received by the service provider on the money referred to in paragraph (a). Definition of business day (3) In this section, business day means a day other than a Saturday or a holiday. Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Apprentice Loans Sections 6-8.1 Suspension or denial of apprentice loans 6 The Minister may suspend or deny the making of apprentice loans to all those who are eligible apprentices participating in technical training provided by a technical training provider if the Minister is satisfied that there are compelling reasons to believe that the making of the apprentice loans would (a) facilitate the commission by the technical training provider of an offence under this Act or any other Act of Parliament; or (b) expose the eligible apprentices or Her Majesty in right of Canada to significant financial risk. Special Payments Special payments 7 The Minister may pay a province the amount that is determined in accordance with the regulations if (a) the Minister determines that apprentices registered with the province are unable to enter into agreements for apprentice loans under section 4; (b) the province has in place a program providing for financial assistance to apprentices; and (c) the Minister considers that the purpose of the program is substantially similar to the purpose of this Act. Interest-free and Deferral Periods Interest-free period 8 (1) Subject to the regulations, no interest is payable by a borrower on an apprentice loan for the interest-free period that is set out in the regulations. Deferral period (2) No amount on account of principal or interest in respect of an apprentice loan is required to be paid by the borrower until the end of the prescribed period. Period — March 30, 2020 to September 30, 2020 Suspension of interest and payments 8.1 During the period that begins on March 30, 2020 and ends on September 30, 2020, Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Period — March 30, 2020 to September 30, 2020 Sections 8.1-12 (a) no interest is payable by a borrower on an apprentice loan; and (b) no amount on account of principal and interest in respect of an apprentice loan is required to be paid by a borrower. 2020, c. 5, s. 56. Period — April 1, 2021 to March 31, 2023 Suspension of interest 8.2 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan. 2021, c. 7, s. 8; 2021, c. 23, s. 266. Death or Disability of Borrower Death of borrower 9 All obligations of a borrower in respect of an apprentice loan terminate if the borrower dies. Severe permanent disability 10 (1) All obligations of a borrower in respect of an apprentice loan terminate if the Minister is satisfied, on the basis of information specified by the Minister and provided by or on behalf of the borrower, that the borrower, by reason of the borrower’s severe permanent disability, is unable to repay the loan and will never be able to repay it. Definition of severe permanent disability (2) In this section, the expression severe permanent disability has the meaning assigned by the regulations. Maximum Amount of Outstanding Apprentice Loans Maximum amount 11 The aggregate amount of apprentice loans made under this Act that are outstanding may not exceed the prescribed amount. Regulations Regulations 12 (1) The Governor in Council may make regulations Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Regulations Section 12 (a) defining the words and expressions referred to in subsections 2(2), 10(2) and 17(7); (b) establishing a schedule that sets out a list of eligible trades, including eligible trades by province; (c) prescribing the circumstances in which a borrower is or ceases to be an eligible apprentice; (d) providing for the conditions to be met before a disbursement in respect of an apprentice loan may be made; (e) prescribing the manner of determining the amount that may be paid to a province under section 7; (f) prescribing the manner of determining the interest-free period referred to in subsection 8(1), including any conditions for continued eligibility for an interest-free period; (g) prescribing the circumstances under which an apprentice loan may be denied to an eligible apprentice, or an interest-free period referred to in subsection 8(1) may be terminated by the Minister; (h) prescribing the maximum amount of an apprentice loan that may be made to an eligible apprentice for each technical training period; (i) prescribing the maximum period that may elapse after which, despite anything in this Act, the principal amount of an apprentice loan and interest on that amount begin to be payable by the borrower; (j) prescribing the maximum number of technical training periods for which an apprentice is eligible to be advanced an apprentice loan; (k) providing for the establishment and operation of a program to provide special interest-free or interest-reduced periods to borrowers or classes of borrowers, including the terms and conditions of the granting or termination of those special periods; (l) providing for repayment of apprentice loans by borrowers or classes of borrowers on an income-contingent basis; (m) prescribing information to be included in any form or document referred to in section 13 in addition to any information that is otherwise required under this Act to be included in the form or document; (n) providing for the times referred to in paragraph 15(a); Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Regulations Section 12 (o) providing for the form and manner in which information referred to in paragraph 15(b) is to be provided; (p) providing for the measures referred to in subsection 20(1); (q) providing for the period after which the Minister may no longer take a measure referred to in paragraph (p); (r) prescribing anything that, by this Act, is to be prescribed by the regulations; and (s) generally, for carrying into effect the purposes and provisions of this Act. Maximum aggregate amount of outstanding apprentice loans (2) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 11, (a) prescribing the aggregate amount of outstanding apprentice loans that may not be exceeded; and (b) prescribing the apprentice loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding apprentice loans. Eligible trades (3) The Minister may, by regulation, amend the schedule to the regulations by adding a trade to it or removing a trade from it. Externally produced material (4) A regulation made under this section may incorporate by reference documents produced by a person or body other than the Minister, including by (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada; (b) an industrial or trade organization; or (c) a government. Reproduced or translated material (5) A regulation made under this section may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Regulations Section 12 (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or (b) in a form that sets out only the parts of them that apply for the purposes of the regulation. Jointly produced documents (6) A regulation made under this section may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws. Internally produced standards (7) A regulation made under this section may incorporate by reference technical or explanatory documents that the Minister produces, including (a) specifications, classifications or other information of a technical nature; and (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature. Incorporation as amended from time to time (8) Documents may be incorporated by reference as amended from time to time. For greater certainty (9) Subsections (4) to (8) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Accessibility (10) The Minister must ensure that any document that is incorporated by reference in the regulation is accessible. Defence (11) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (10) or it was otherwise accessible to the person. Registration and publication not required (12) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans Regulations Sections 12-17 Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference. General Forms and documents 13 A form or other document that is to be used in connection with making apprentice loans, or to be otherwise used for the effective operation of this Act, must be either determined by the Minister or approved by the Minister. Right of recovery by Minister 14 An apprentice loan that is made to a borrower who is not of full age and any interest on the loan are recoverable by the Minister from the borrower as though the borrower had been of full age at the time the agreement was entered into. Waiver 15 On application by an eligible apprentice or a borrower, the Minister may, to avoid undue hardship to the apprentice or borrower, waive (a) a requirement of the regulations with respect to the times within which information in respect of the eligible apprentice or borrower is to be provided; or (b) a requirement of the regulations with respect to the form or manner in which information in respect of the eligible apprentice or borrower is to be provided, or a requirement determined or approved by the Minister with respect to a form or other document in which such information is to be provided. Apprentice loan denied due to error 16 If the Minister is satisfied that, as a result of an error made in the administration of this Act or the regulations, a person was denied an apprentice loan to which the person would have been entitled, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made. Limitation or prescription period 17 (1) Subject to this section, no action or proceedings may be taken to recover money owing under this Act after the end of the six-year period that begins on the day on which the money becomes due and payable. Deduction and set-off (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans General Sections 17-18 against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession. Acknowledgment of liability (3) If a person acknowledges liability for money owing under this Act, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of that period. Acknowledgment of liability after end of limitation or prescription period (4) If a person acknowledges liability for money owing under this Act after the end of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (5), be brought within six years after the date of the acknowledgment of liability. Limitation or prescription period suspended (5) The running of a limitation or prescription period in respect of an apprentice loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. Enforcement proceedings (6) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. Definition of acknowledgement of liability (7) In this section, the expression acknowledgement of liability has the meaning assigned by the regulations. Requirement to provide information or documents 18 (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person to whom an apprentice loan has been made to provide the Minister, within the time and in the manner that are stipulated in the notice, with any information or document that is in their possession or to which they could reasonably be expected to have access. Copies as evidence (2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any of those copies is evidence of the nature and content of the Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans General Sections 18-21 original document and has the same probative force as the original document would have if it were proven in the ordinary way. False statement or information 19 (1) Every person who, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000. Limitation period (2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose. Administrative measures 20 (1) If a person, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may take any measure provided for in the regulations. Notice (2) However, the Minister may not take any measure under subsection (1) without having given the person 60 days’ notice of the Minister’s intention to take it. Submissions (3) The person may make submissions to the Minister in respect of the measure at any time. Rescission or modification of measure (4) The Minister may rescind or modify a measure taken under subsection (1) if new facts are presented or the Minister considers that the measure was taken without knowledge of a material fact or on the basis of a mistake concerning one. Authority to enter into agreements and arrangements 21 The Minister may (a) enter into agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency to assist the Minister in carrying out the purposes and provisions of this Act; and Current to June 20, 2022 Last amended on June 29, 2021 Apprentice Loans General Sections 21-22 (b) with the approval of the Governor in Council, enter into agreements or arrangements with the government of any province to facilitate the administration or enforcement of this Act. Payment out of C.R.F. 22 Any amount payable by the Minister under this Act, the regulations or an agreement or arrangement entered into under this Act, including any apprentice loans to be made by the Minister, is to be paid out of the Consolidated Revenue Fund. Current to June 20, 2022 Last amended on June 29, 2021

CONSOLIDATION Agricultural and Rural Development Act (ARDA) R.S.C., 1985, c. A-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 provide for the rehabilitation and development of rural areas in Canada Short Title 1 Short title Interpretation 2 Definition of "Minister" Federal-Provincial Agreements 3 Joint projects Provincial projects Provisions to be included Validity of agreements Research 7 Rural land use and water supplies Services of Other Departments and Agencies 8 Income and employment projects and research Advisory Committees 9 Establishment of committees Regulations 10 Regulations Annual Report 11 Report to Parliament Current to June 20, 2022 ii R.S.C., 1985, c. A-3 An Act to provide for the rehabilitation and development of rural areas in Canada Short Title Short title 1 This Act may be cited as the Agricultural and Rural Development Act (ARDA). R.S., c. A-4, 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., c. A-4, s. 2. Federal-Provincial Agreements Joint projects 3 The Minister may, with the approval of the Governor in Council, enter into an agreement with any province providing for the undertaking jointly with the government of the province, or any agency of such a government, of (a) projects for the more efficient use and economic development of rural lands specified in the agreement; (b) projects for (i) the development and conservation of water supplies for agricultural or other rural purposes, and (ii) soil improvement and the conservation of rural lands in the province or in any area of the province specified in the agreement; or Current to June 20, 2022 Agricultural and Rural Development (ARDA) Federal-Provincial Agreements Sections 3-6 (c) projects for the development of income and employment opportunities in rural areas specified in the agreement and the improvement of standards of living in those areas. R.S., c. A-4, ss. 3, 4, 5. Provincial projects 4 The Minister may, with the approval of the Governor in Council, enter into an agreement with any province providing for the payment to the province of contributions in respect of the cost of any projects referred to in section 3 undertaken by the government of the province or any agency of that government. R.S., c. A-4, ss. 3, 4, 5. Provisions to be included 5 Every agreement entered into pursuant to this Act shall specify (a) the authority that is to be responsible for the undertaking, operation and maintenance of any project or any part thereof to which the agreement relates; (b) the respective proportions of the cost of any project to which the agreement relates that are to be paid by the Minister and the province, or the contribution in respect of any such project that is to be paid by the Minister, and the times at which the amounts to be paid by the Minister or the province are to be paid; (c) the respective proportions of the revenues from any project to which the agreement relates that are to be paid to the Minister and the province; (d) the terms and conditions respecting the undertaking, operation and maintenance of any project to which the agreement relates; and (e) the charges, if any, that are to be charged to persons to whom any of the benefits of the project to which the agreement relates are made available. R.S., c. A-4, s. 6. Validity of agreements 6 No agreement entered into pursuant to this Act and providing for the payment of any money by the Minister shall have any force or effect until such time as money has been appropriated by Parliament for the purpose of discharging any commitment under that agreement. R.S., c. A-4, s. 8. Current to June 20, 2022 Agricultural and Rural Development (ARDA) Research Sections 7-9 Research Rural land use and water supplies 7 (1) The Minister may cause to be prepared and undertaken, directly or in cooperation with the government of any province or any agency of such a government, programs of research and investigation for (a) the more effective use and economic development of rural lands in the province; and (b) the development and conservation of water supplies and for soil improvement and conservation in the province. Rural income and employment (2) For the purpose of assisting the development of income and employment opportunities in rural areas in Canada and the improvement of standards of living in those areas, the Minister may cause to be prepared and undertaken, with the government of any province or any agency of such a government or with any university, educational institution or person, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in Canada. R.S., c. A-4, ss. 3, 4, 5. Services of Other Departments and Agencies Income and employment projects and research 8 The Minister shall, in carrying out any project referred to in paragraph 3(c) or research program referred to in subsection 7(2), make use, wherever possible, of the services and facilities of other departments and agencies of the Government of Canada. R.S., c. A-4, s. 4. Advisory Committees Establishment of committees 9 (1) The Minister may, in order to carry out the purposes and provisions of this Act, establish such advisory committees as the Minister deems necessary and appoint the members of those committees. Remuneration and expenses of members (2) Each member of a committee established under subsection (1) shall be paid such amount for each day the member attends any meeting of the committee as may be fixed by the Governor in Council and reasonable travel Current to June 20, 2022 Agricultural and Rural Development (ARDA) Advisory Committees Sections 9-11 and living expenses while absent from his ordinary place of residence in the course of his duties. R.S., c. A-4, s. 7. Regulations Regulations 10 The Governor in Council may, by regulation, make provision for any matters concerning which he deems regulations necessary or desirable to carry out the purposes and provisions of this Act. R.S., c. A-4, s. 9. Annual Report Report to Parliament 11 The Minister shall, as soon as possible after the termination of each fiscal year, submit a report to Parliament respecting the operations for that year of the agreements made under this Act. R.S., c. A-4, s. 10. Current to June 20, 2022

CONSOLIDATION Aeronautics Act R.S.C., 1985, c. A-2 Current to June 20, 2022 Last amended on December 18, 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 December 18, 2018. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 18, 2018 TABLE OF PROVISIONS An Act to authorize the control of aeronautics Short Title 1 Short title Her Majesty 2 Binding on Her Majesty Interpretation 3 Definitions PART I Aeronautics Application of Part 4 Application of Part 4.1 Contraventions outside Canada Responsibilities of Minister 4.2 Minister’s responsibilities respecting aeronautics 4.3 Delegation by Minister 4.31 Authorization by authorized person 4.32 Ministerial order Charges 4.4 Regulations imposing charges 4.401 Agreement — cost recovery 4.41 Civil air navigation services 4.5 Seizure and detention for charges 4.6 Exempt aircraft Aviation Security Interpretation 4.7 Definitions Aviation Security Regulations 4.71 Aviation security regulations Security Measures 4.72 Minister may make security measures 4.73 Deputy may make measures Current to June 20, 2022 Last amended on December 18, 2018 ii Aeronautics TABLE OF PROVISIONS 4.74 Relationship with regulations Foreign Aircraft Requirements 4.75 Foreign aircraft requirements Emergency Directions 4.76 Emergency directions 4.77 Authorized officer may make emergency direction 4.771 Duration 4.78 Relationship with regulations and security measures Unauthorized Disclosure 4.79 Unauthorized disclosure — security measures Security Clearances 4.8 Granting, suspending, etc. Provision of Information 4.81 Definition 4.82 Definitions 4.83 Foreign states requiring information Screenings 4.84 Designation of persons to conduct 4.85 Prohibition — persons and goods Air Carrier and Aerodrome Assessments 4.86 Assessment Verifying Compliance and Testing Effectiveness 4.87 No offence General Regulatory Powers 4.9 Regulations respecting aeronautics 4.91 Regulations Hours of work limitation and insurance 5.1 Restrictions and prohibitions for safety or security purposes 5.2 Relationship to Radiocommunication Act 5.3 Relationship to Explosives Act Airport Zoning 5.4 Definitions 5.5 Publication of notice of proposed regulation 5.6 Publication of zoning regulations 5.7 Notice of entry to enforce compliance 5.8 No right to compensation, etc. Current to June 20, 2022 Last amended on December 18, 2018 iv Aeronautics TABLE OF PROVISIONS 5.81 Agreements with a provincial authority General Provisions Respecting Regulations, Orders, etc. 5.9 Exemption by Governor in Council Exemption by Minister of National Defence 6.1 Notice of unpublished regulations 6.2 Exemption from Statutory Instruments Act 6.21 Certificate Interim Orders 6.41 Interim orders Medical and Optometric Information 6.5 Minister to be provided with information Measures Relating to Canadian Aviation Documents 6.6 Definition of Canadian aviation document 6.7 Non-application of certain provisions 6.71 Minister may refuse to issue or amend Canadian aviation document 6.72 Request for review 6.8 Suspensions, etc., generally 6.9 Suspension, etc., if contravention Suspension where immediate threat to aviation safety or security 7.1 Suspension, etc., on other grounds 7.2 Right of appeal 7.21 Default in payment Prohibitions, Offences and Punishment 7.3 Prohibitions 7.31 Continuing offence 7.4 Court may order forfeiture 7.41 Prohibition — unruly or dangerous behaviour 7.5 Prohibition by court Procedure Pertaining to Certain Contraventions 7.6 Designation of provisions 7.7 Notice of assessment of monetary penalty 7.8 Option 7.9 Payment of specified amount precludes further proceedings Current to June 20, 2022 Last amended on December 18, 2018 v Aeronautics TABLE OF PROVISIONS 7.91 Request for review of determination 7.92 Certificate Determination by Tribunal member 8.1 Right of appeal 8.2 Registration of certificate 8.3 Records Enforcement 8.4 Owner of aircraft may be found liable 8.5 Defence 8.6 Admissibility of evidence 8.7 Powers to enter, seize and detain 8.8 Duty to assist Minister General 9 Regulations establishing compensation payable for death or injury PART II Military Investigations Involving Civilians Interpretation 10 Definitions Authorization by Minister 11 Power Airworthiness Investigative Authority 12 Airworthiness Investigative Authority Investigations of Military-Civilian Occurrences Investigations 13 Investigators Definitions Return of seized property Miscellaneous Provisions 16 Notification of Authority Notification by Authority Report to the Minister Interim report Power to reconsider Power to authorize Current to June 20, 2022 Last amended on December 18, 2018 v Aeronautics TABLE OF PROVISIONS Privilege 22 Definition of on-board recording On-board recording — board of inquiry Definition of communication record 24.1 Definition of statement 24.2 Reporting of military-civilian occurrences Evidence of Authority and of Investigators 24.3 Appearance of investigator 24.4 Opinions inadmissible Regulations 24.5 Regulations Offences 24.6 Offences 24.7 Evidence Military Investigations under Part I 24.8 Application of certain provisions PART III Staff 25 Employment of officers, clerks and employees Prosecution 26 Limitation period Proof of documents Document entries as proof PART IV [Repealed, 2001, c. 29, s. 44] SCHEDULE Current to June 20, 2022 Last amended on December 18, 2018 vi R.S.C., 1985, c. A-2 An Act to aeronautics authorize the control of Short Title Short title 1 This Act may be cited as the Aeronautics Act. R.S., c. A-3, s. 1. Her Majesty Binding on Her Majesty 2 This Act is binding on Her Majesty in right of Canada or a province. 1976-77, c. 26, s. 1. Interpretation Definitions 3 (1) In this Act, ANS Corporation means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act; (société) aerodrome means any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith; (aérodrome) aeronautical product means any aircraft, aircraft engine, aircraft propeller or aircraft appliance or part or the component parts of any of those things, including any computer system and software; (produits aéronautiques) air carrier means any person who operates a commercial air service; (transporteur aérien) Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics Interpretation Section 3 aircraft means (a) until the day on which paragraph (b) comes into force, any machine capable of deriving support in the atmosphere from reactions of the air, and includes a rocket; (aéronef) (b) [Repealed before coming into force, 2008, c. 20, s. 3] air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne) airport means an aerodrome in respect of which a Canadian aviation document is in force; (aéroport) air traffic control services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de contrôle de la circulation aérienne) aviation reservation system means a system that provides the capability to make reservations or issue tickets for air services; (système de réservation de services aériens) aviation security regulation means a regulation made under subsection 4.71(1); (règlement sur la sûreté aérienne) Canada [Repealed, 1996, c. 31, s. 56] Canadian aircraft means an aircraft registered in Canada; (aéronef canadien) Canadian aviation document means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service; (document d’aviation canadien) civil air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne civile) commercial air service means any use of aircraft for hire or reward; (service aérien commercial) emergency direction means a direction made under section 4.76 or 4.77; (directive d’urgence) hire or reward means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics Interpretation Section 3 received or collected by any person for the use of an aircraft; (rémunération) interim order means an interim order made under subsection 6.41(1) or (1.1); (arrêté d’urgence) Minister means (a) subject to paragraph (b), the Minister of Transport or any other Minister that is designated by the Governor in Council as the Minister for the purposes of this Act, and (b) the Minister of National Defence — or, under the direction of the Minister of National Defence, the Chief of the Defence Staff appointed under the National Defence Act — with respect to any matter relating to defence, including any matter relating to any of the following: (i) military personnel, a military aeronautical product, a military aerodrome or military equipment of Canada or a foreign state, or a military facility of Canada or a foreign state relating to aeronautics, and (ii) a service relating to aeronautics provided by such personnel, by means of such an aeronautical product or such equipment or at such an aerodrome or facility; (ministre) pilot-in-command means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time; (commandant de bord) registered owner, in respect of an aircraft, means the person to whom a certificate of registration for the aircraft has been issued by the Minister under Part I or in respect of whom the aircraft has been registered by the Minister under that Part; (propriétaire enregistré) security clearance means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective; (habilitation de sécurité) security measure means a measure made under subsection 4.72(1) or 4.73(1); (mesure de sûreté) superior court means (a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics Interpretation Section 3 (a.1) 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 New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, and (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; (juridiction supérieure) Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal) Minister for certain purposes (2) Despite the definition Minister in subsection (1), Minister, in relation to any matter referred to in paragraph 4.2(1)(n), 4.9(p), (q) or (r) or 8.7(1)(b), means the Minister of National Defence. Exception (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21: (a) a security clearance; (b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and (c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection. R.S., 1985, c. A-2, s. 3; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 1; 1996, c. 20, s. 99, c. 31, s. 56; 1999, c. 3, s. 13, c. 31, s. 4; 2001, c. 29, s. 33; 2002, c. 7, s. 79(E); 2004, c. 15, ss. 2, 111; 2014, c. 29, s. 10; 2015, c. 3, s. 3. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Sections 4-4.2 PART I Aeronautics Application of Part Application of Part 4 (1) Subject to any regulations made pursuant to paragraph 4.9(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada. Application of foreign law (2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state. Conflicts (3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft. R.S., 1985, c. A-2, s. 4; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 2. Contraventions outside Canada 4.1 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 3. Responsibilities of Minister Minister’s responsibilities respecting aeronautics 4.2 (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may (a) promote aeronautics by such means as the Minister considers appropriate; (b) construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Responsibilities of Minister Section 4.2 (c) establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information; (d) undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics; (e) control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada; (f) establish aerial routes; (g) cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require; (h) take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic; (i) cooperate with officers of Her Majesty in right of Canada on all matters relating to defence; (j) cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics; (k) investigate, examine and report on the operation and development of commercial air services in, to or from Canada; (l) provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics; (m) for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Responsibilities of Minister Sections 4.2-4.31 (n) subject to subsection (2), investigate matters relating to aviation safety; and (o) undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct. Exception — investigations of military-civilian occurrences (2) Investigations of military-civilian occurrences, as defined in Part II, shall be carried out in accordance with that Part by the Airworthiness Investigative Authority, designated by the Minister under section 12. R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 11. Delegation by Minister 4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction. Exception (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so. Ministerial orders (2) The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made. Deputy may be authorized to make orders (3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l). R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 3. Authorization by authorized person 4.31 Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, authorize another person under their authority to exercise or perform any of those powers, duties or functions. 2014, c. 29, s. 12. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Responsibilities of Minister Sections 4.32-4.4 Ministerial order 4.32 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest. Exemption (2) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act. 2014, c. 39, s. 143; 2017, c. 26, s. 2. Charges Regulations imposing charges 4.4 (1) The Governor in Council may make regulations imposing, with respect to aircraft in flight in Canada, charges for the availability during flights of any facility or service provided by or on behalf of the Minister. Idem (2) The Governor in Council may make regulations, or may, by order, subject to and in accordance with such terms and conditions as may be specified in the order, authorize the Minister to make regulations, imposing charges (a) for the use of (i) any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, where the facility or service is provided during flight, the flight originates or terminates in Canada or any portion of the flight is over Canada, (ii) any other facility or service provided by or on behalf of the Minister at any aerodrome, or (iii) any aerodrome operated by or on behalf of Her Majesty in right of Canada; (a.1) in respect of any security measure that is carried out by the Minister; or (b) in respect of the issue, renewal, amendment or endorsement of any document issued or to be issued under this Part or any action preparatory thereto, whether or not the document is issued, renewed, amended or endorsed. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Charges Sections 4.4-4.401 Regulations respecting charges (3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder and the rate of interest payable in respect of those charges or the manner of calculating those charges or the rate of interest and may prescribe the time from which the interest is payable. Debt due to Her Majesty (4) All charges imposed under this section and interest payable thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Joint and several or solidary liability (5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge. Security for payment of charges (6) The Governor in Council may make regulations requiring registered owners and operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister security in the form of a bond or letter of credit and in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft. Interest on charges (7) Every charge imposed by regulations made under this section bears interest in accordance with the regulations. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 4, s. 53(E); 2004, c. 15, s. 4. Agreement — cost recovery 4.401 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under subsection 4.4(1) or (2) could impose a charge. Regulations — exemption (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 4.4(1) or (2) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement. Recovery (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Charges Sections 4.401-4.5 required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act. Debt due to Her Majesty (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Spending (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year. 2017, c. 20, s. 312. Civil air navigation services 4.41 (1) An order or regulation must not be made under this Part that has the effect of imposing charges for civil air navigation services, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services. Minister of National Defence (2) An order or regulation must not be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services, if (a) the charges or payments are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or (b) the charges or payments are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services. 1996, c. 20, s. 100; 2017, c. 20, s. 313. Seizure and detention for charges 4.5 (1) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Charges Sections 4.5-4.6 owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft. Idem (2) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid and the Minister has reason to believe that the person is about to leave Canada or take from Canada any aircraft owned or operated by the person, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft. Release on payment (3) Subject to subsection (4), except where otherwise directed by an order of a court, the Minister is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid. Release on security (4) The Minister shall release from detention an aircraft seized under subsection (1) or (2) if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister. R.S., 1985, c. 33 (1st Supp.), s. 1. Exempt aircraft 4.6 (1) Any aircraft of a person referred to in subsection 4.5(1) or (2) that would be exempt from seizure under a writ of execution issued out of the superior court of the province in which the aircraft is situated, is exempt from seizure and detention under that subsection. Idem (2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5. R.S., 1985, c. 33 (1st Supp.), s. 1. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Sections 4.7-4.71 Aviation Security Interpretation Definitions 4.7 The following definitions apply in sections 4.71 to 4.85. goods means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances. (bien) screening means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders. (contrôle) R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 5; 1999, c. 31, ss. 5, 6; 2004, c. 15, s. 5. Aviation Security Regulations Aviation security regulations 4.71 (1) The Governor in Council may make regulations respecting aviation security. Contents of regulations (2) Without limiting the generality of subsection (1), regulations may be made under that subsection (a) respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities; (b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management; (c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility; (d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened; (e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Aviation Security Regulations Sections 4.71-4.72 (f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur; (g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being (i) the holder of a Canadian aviation document, (ii) a crew member, or (iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations; (h) respecting the making of applications for security clearances and the information to be provided by applicants; (i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c); (j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities; (k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; (l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; (m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements; (n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and (o) respecting the provision to the Minister of aviation security related information specified in the regulations. 2004, c. 15, s. 5. Security Measures Minister may make security measures 4.72 (1) The Minister may make measures respecting aviation security. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Security Measures Section 4.72 Restriction (2) The Minister may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Suspension of s. 4.79(1) and repeal of security measure (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(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 notice is published, and (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure. Effect of notice (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published. Consultation (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances. Exception (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Security Measures Sections 4.72-4.74 Minister may carry out security measure (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so. 2004, c. 15, s. 5. Deputy may make measures 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Restriction (2) The Minister’s deputy may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Minister may carry out security measure (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so. Duration (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days. 2004, c. 15, s. 5. Relationship with regulations 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation. Conflict (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict. 2004, c. 15, s. 5. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Foreign Aircraft Requirements Sections 4.75-4.771 Foreign Aircraft Requirements Foreign aircraft requirements 4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister. 2004, c. 15, s. 5. Emergency Directions Emergency directions 4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them; (b) the diversion of aircraft to alternate landing sites; and (c) the movement of aircraft or persons at aerodromes or other aviation facilities. 2004, c. 15, s. 5. Authorized officer may make emergency direction 4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section. 2004, c. 15, s. 5. Duration 4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours. 2004, c. 15, s. 5. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Emergency Directions Sections 4.78-4.8 Relationship with regulations and security measures 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure. Conflict (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict. 2004, c. 15, s. 5. Unauthorized Disclosure Unauthorized disclosure — security measures 4.79 (1) Unless the Minister states under subsection 4.72(3) 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 effect to the security measure. 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. 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 aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure. 2004, c. 15, s. 5. Security Clearances Granting, suspending, etc. 4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 6; 2004, c. 15, s. 5. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Section 4.81 Provision of Information Definition 4.81 (0.1) The following definition applies in this section and in section 4.82. transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in, (a) loss of life or personal injury; (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. (sûreté des transports) Requirement to provide information (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer. Restriction on disclosure — Department of Transport (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security. Restriction on disclosure — other persons (3) Information provided under subsection (1) may be disclosed to persons Current to June 20, 2022 Last amended on December 18, 2018 outside the Department of Aeronautics PART I Aeronautics Aviation Security Provision of Information Section 4.81 Transport only for the purposes of transportation security, and it may be disclosed only to (a) the Minister of Citizenship and Immigration; (b) the Minister of Public Safety and Emergency Preparedness; (c) the chief executive officer of the Canadian Air Transport Security Authority; and (d) a person designated under subsection 4.82(2) or (3). Restriction on further disclosures (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed (a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration; (b) in the case of information disclosed to the Minister of Public Safety and Emergency Preparedness, only to persons in the Canada Border Services Agency; (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5). Deeming (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5). Destruction of information (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Sections 4.81-4.82 Destruction of information (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection. Destruction of information (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3). Application (9) Subsections (6) to (8) apply despite any other Act of Parliament. Amendment of schedule (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule. 2004, c. 15, s. 5; 2005, c. 38, ss. 139, 142, 145. Definitions 4.82 (1) The following definitions apply in this section. Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire) Director means the Director of the Canadian Security Intelligence Service. (directeur) warrant means (a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20); (b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or (c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. (mandat) Designation of persons (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Section 4.82 Designation of persons (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section. Requirement to provide information (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Requirement to provide information (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Section 4.82 Disclosure to other designated persons (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3). Restriction on disclosure of information to other persons (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information. Disclosure to Minister and air carriers, etc. (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister. Disclosure to Aircraft Protective Officer (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security. Urgent disclosure (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Section 4.82 respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat. (11) [Repealed before coming into force, 2008, c. 20, s. 3] Disclosure to employee of the Canadian Security Intelligence Service (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. Recording of reasons (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed. Destruction of information (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained. Review of information (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Sections 4.82-4.83 Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review. Exception (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13). Application (17) Subsections (14) and (15) apply despite any other Act of Parliament. Right to provide information preserved (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful. Right to collect information under other Acts preserved (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful. Regulations (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section. 2004, c. 15, s. 5. Foreign states requiring information 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state. Notice (1.1) The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1). Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Provision of Information Sections 4.83-4.85 Restriction — government institutions (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes. Regulations (3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations (a) respecting the type or classes of information that may be provided; or (b) specifying the foreign states to which information may be provided. Review and report (4) The Committee of the House of Commons responsible for transport matters must, (a) within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and (b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings. 2001, c. 38, s. 1; 2004, c. 15, s. 6; 2011, c. 9, s. 2. Screenings Designation of persons to conduct 4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify. 2004, c. 15, s. 7. Prohibition — persons and goods 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Screenings Sections 4.85-4.86 restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of (a) his or her person; or (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome. Prohibition — conveyances (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be. Prohibition relating to air carriers (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be. Prohibition relating to persons who accept goods for transportation (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be. 2004, c. 15, s. 7. Air Carrier and Aerodrome Assessments Assessment 4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers. 2004, c. 15, s. 7. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Aviation Security Verifying Compliance and Testing Effectiveness Sections 4.87-4.9 Verifying Compliance and Testing Effectiveness No offence 4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order. 2004, c. 15, s. 7. General Regulatory Powers Regulations respecting aeronautics 4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting (a) the accreditation or licensing of (i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and (ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics; (b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products; (c) the design, installation, inspection, maintenance, approval and certification of equipment and facilities used to provide services relating to aeronautics; (d) the approval of flight training equipment; (e) activities at aerodromes and the location, inspection, certification, registration, licensing and operation of aerodromes; (f) noise emanating from aerodromes and aircraft; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Regulatory Powers Section 4.9 (g) the certification of air carriers; (h) the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft; (i) the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft; (j) the areas within which aircraft coming from outside Canada are to land and the conditions to which such aircraft are subject; (k) the classification and use of airspace and the control and use of aerial routes; (k.1) the prohibition of the development or expansion of aerodromes or any change to the operation of aerodromes; (k.2) the consultations that must be carried out by the proponent of an aerodrome before its development or by the operator of an aerodrome before its expansion or any change to its operation; (l) the prohibition of the use of airspace or aerodromes; (m) the prohibition of the doing of any other act or thing in respect of which regulations under this Part may be made; (n) the enforcement of such laws as may be deemed necessary for the safe and proper operation of aircraft; (o) the use and operation of any objects that in the opinion of the Minister are likely to be hazardous to aviation safety; (p) the preservation, protection and removal of aircraft involved in accidents, personal belongings, baggage, goods, cargo of any kind thereon, and of any records pertaining to the aircraft or its flight, the preservation, protection, removal and testing of any part of such aircraft and the protection of sites of aircraft accidents; (q) the investigation of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons; (r) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (q); Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Regulatory Powers Sections 4.9-5 (s) the keeping and preservation of records and documents relating to aerodromes, to activities, with respect to aeronautics, of persons who hold Canadian aviation documents and to aeronautical products and equipment and facilities used to provide services relating to aeronautics; (t) the handling, marking, storage and delivery of fuel and any lubricants or chemicals used during or in connection with the operation of aircraft; (u) the provision of facilities, services and equipment relating to aeronautics; (v) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and (w) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 7; 2014, c. 39, s. 144. Regulations 4.91 (1) The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders. Order must relate to safety (2) The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public. No compensation (3) The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1). Exemption (4) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act. 1996, c. 20, s. 101; 2017, c. 26, s. 3(E). Hours of work limitation and insurance 5 The Governor in Council may make regulations Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Regulatory Powers Sections 5-5.2 (a) limiting the hours of work of crew members of any aircraft operated by air carriers and of crew members of any aircraft used for carrying passengers; (b) requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance; and (c) requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance. R.S., 1985, c. A-2, s. 5; R.S., 1985, c. 33 (1st Supp.), s. 1, c. 28 (3rd Supp.), s. 359; 1992, c. 4, s. 8; 1996, c. 10, s. 204, c. 20, s. 102. Restrictions and prohibitions for safety or security purposes 5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public. R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 8. Relationship to Radiocommunication Act 5.2 Regulations made under this Part respecting (a) aeronautical products or equipment or facilities used to provide services relating to aeronautics, (b) persons who operate or are engaged in the design, installation, inspection, maintenance, approval and certification of aeronautical products, equipment or facilities, or (c) the provision of information services in relation to the operation of aircraft or conditions of flight are in addition to and not in derogation of the provisions of the Radiocommunication Act and regulations made under that Act and, where there is any conflict between any regulation made under this Part and any regulation made under the Radiocommunication Act, the regulation made under the Radiocommunication Act prevails. R.S., 1985, c. 33 (1st Supp.), s. 1; 1989, c. 17, ss. 8, 15; 1992, c. 4, s. 9(F). Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Regulatory Powers Sections 5.3-5.4 Relationship to Explosives Act 5.3 Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails. R.S., 1985, c. 33 (1st Supp.), s. 1. Airport Zoning Definitions 5.4 (1) In this section and sections 5.5 to 5.81, airport site means any land, not being a part of an existing airport, (a) the title to which is vested in or that otherwise belongs to Her Majesty in right of Canada, or (b) in respect of which a notice of intention to expropriate under section 5 of the Expropriation Act has been registered and that is declared by order of the Governor in Council to be required for use as an airport; (zone aéroportuaire) federal airport includes a military aerodrome; (aéroport fédéral) lands include water (and the frozen surface thereof) and any other supporting surface; (biens-fonds) object includes an object of natural growth; (éléments) owner, in respect of land or a building, structure or object, includes any person other than a lessee, who has a right, title or interest in the land, building, structure or object that is a recognized right, title or interest therein under the law of the province in which it is situated; (propriétaire) provincial authority means an authority in a province responsible for the regulation of land use; (autorité provinciale) zoning regulation means any regulation made pursuant to subsection (2). (règlements de zonage) Zoning regulation (2) The Governor in Council may make regulations for the purposes of Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Airport Zoning Section 5.4 (a) preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport; (b) preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and (c) preventing lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities. Conditions precedent (3) The Governor in Council shall not make a zoning regulation under paragraph (2)(a) unless (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of an airport; or (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of an airport. Non-conforming uses, etc. (4) No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform to the zoning regulation. Deeming existence of certain things (5) For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 10. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Airport Zoning Sections 5.5-5.6 Publication of notice of proposed regulation 5.5 (1) The Minister shall cause a notice of every zoning regulation that is proposed to be made to be published in two successive issues of at least one newspaper, if any, serving the area to which the proposed zoning regulation relates and in two successive issues of the Canada Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto. Exception (2) No notice of a proposed zoning regulation is required to be published under subsection (1) if (a) it has previously been published pursuant to this section, whether or not the proposed zoning regulation is altered as a result of representations referred to in subsection (1); or (b) the proposed zoning regulation would, in the opinion of the Minister, make no material substantive change in an existing zoning regulation. R.S., 1985, c. 33 (1st Supp.), s. 1. Publication of zoning regulations 5.6 (1) In addition to the publication required by the Statutory Instruments Act, a copy of every zoning regulation shall, forthwith after it is made, be published in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates. Deposit of regulation, plan and description (2) A zoning regulation shall come into force in respect of the lands to which it applies when a copy thereof, together with a plan and description of the lands, signed by the Minister and by a land surveyor duly licensed in and for the province in which the lands are situated, has been deposited on record in the office of the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded in each county, district or registration division in which any part of the lands are situated. Amendments (3) Where a zoning regulation deposited pursuant to subsection (2) is amended, the amending regulation shall come into force when a copy thereof, signed in the manner provided in that subsection, is deposited in the same office or offices where the zoning regulation thereby amended was deposited, but a further plan and description need not be so deposited unless lands additional to those affected by the zoning regulation thereby amended are affected by the amending regulation. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Airport Zoning Sections 5.6-5.7 Duty of the registrar (4) For the purposes of subsections (2) and (3), the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded shall receive and permanently retain in his office such zoning regulations and plans and descriptions as are deposited pursuant to those subsections and shall endorse thereon the day, hour and minute of their deposit. Abandonment (5) Where a notice of intention to expropriate for any of the purposes described in subsection 5.4(2) has been registered in accordance with the Expropriation Act and that intention is abandoned or is deemed to have been abandoned under that Act, any zoning regulation with respect to the lands affected by the abandonment shall thereupon cease to have effect. R.S., 1985, c. 33 (1st Supp.), s. 1. Notice of entry to enforce compliance 5.7 (1) The Minister may by notice in writing to an owner or lessee who (a) is making use of lands or a building, structure or object, or (b) has a building, structure or object on any lands, in contravention of a zoning regulation, advise the owner or lessee that, unless, prior to such date as the Minister shall specify in the notice, being not earlier than thirty days after the date the notice is served or last published pursuant to subsection (2), the contravening use is permanently discontinued or the building, structure or object is removed or altered to the extent described by the Minister in the notice, as the case may require, the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object. Notice to contain statement (2) A notice under subsection (1) shall (a) contain a statement of the provisions of subsection (3); and (b) be served on the owner or lessee to whom it is addressed personally or by registered or certified mail or, where the Minister is, after reasonable attempts, unable to ascertain the address or whereabouts of the owner or lessee, be (i) posted on the land, building, structure or object to which the notice relates, and Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Airport Zoning Section 5.7 (ii) published in two successive issues of at least one newspaper, if any, serving the area in which the land, building, structure or object is situated and in two successive issues of the Canada Gazette. Objection (3) An owner or lessee who objects to the intended entry or steps to be taken referred to in subsection (1) may, within thirty days after the date of service of the notice on the owner or lessee under subsection (2) or within thirty days after the date of the last publication of the notice under subsection (2), as the case may be, serve on the Minister, by registered or certified mail or by leaving at the Minister’s office, an objection in writing indicating the nature of the objection and the grounds on which the objection is based. Representations on objections (4) Where the Minister has received an objection under subsection (3), the Minister shall, within a reasonable time thereafter, provide the owner or lessee who made the objection with a full opportunity before the Minister to be heard concerning the nature and grounds of the objection. Notice of intentions after objections (5) The Minister shall, forthwith after providing a full opportunity to be heard to an owner or lessee in relation to an objection, in writing served personally or by registered or certified mail, notify the owner or lessee whether the Minister intends to give effect to the objection and, where the Minister does not intend to do so, the notice shall state the Minister’s reasons therefor. Entry (6) Where (a) a notice to an owner or lessee under subsection (1) has been served or has been posted and published in accordance with subsection (2), (b) a notice of objection by the owner or lessee has not been served on the Minister in accordance with subsection (3) or, the notice having been served and a full opportunity afforded to the owner or lessee to be heard in relation thereto, the Minister has notified the owner or lessee pursuant to subsection (5) that the Minister does not intend to give effect to the objection, and (c) the owner or lessee continues to make use of lands or any building, structure or object thereon in contravention of the zoning regulation in respect of which the notice was issued or continues to have a building, Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Airport Zoning Sections 5.7-5.9 structure or object on lands in contravention of the zoning regulation, as the case may be, the Minister may, subject to subsection 8.7(4), enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object, as the case may require. Notices not statutory instruments (7) A notice under this section shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 4, s. 54(F). No right to compensation, etc. 5.8 No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object. R.S., 1985, c. 33 (1st Supp.), s. 1. Agreements with a provincial authority 5.81 (1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made pursuant to subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or aircraft. Saving (2) Subsections 5.4(3) to (5) and sections 5.5 to 5.7 shall not apply in respect of lands that are the subject of an agreement made under subsection (1), during the period in which the agreement remains in effect. Contravention (3) Every person who contravenes a regulation or other measure established by a provincial authority pursuant to an agreement referred to in subsection (1) is guilty of an offence punishable on summary conviction. 1992, c. 4, s. 11. General Provisions Respecting Regulations, Orders, etc. Exemption by Governor in Council 5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Provisions Respecting Regulations, Orders, etc. Sections 5.9-6 specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part. Exemption by Minister (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security. Incorporation by reference (3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly. Prohibition in regulations or orders (4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions. R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 9. Exemption by Minister of National Defence 6 (1) With respect to any matter relating to defence, the Minister of National Defence or an officer of the Department of National Defence or of the Canadian Forces who is authorized by the Minister may, on any terms that the Minister or officer, as the case may be, considers necessary, exempt by order any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Provisions Respecting Regulations, Orders, etc. Sections 6-6.2 Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act. R.S., 1985, c. A-2, s. 6; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 25; 2008, c. 20, s. 3; 2014, c. 29, s. 13. Notice of unpublished regulations 6.1 Where a regulation, within the meaning of the Statutory Instruments Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(2)(b) of that Act that reasonable steps were taken to bring the purport of the regulation to the notice of those persons likely to be affected by it. R.S., 1985, c. 33 (1st Supp.), s. 1. Exemption from Statutory Instruments Act 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act: (a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome; (b) a security measure; (c) an emergency direction; (d) an exemption made under subsection 5.9(2); and (e) an interim order made under section 6.41. Precondition for contravention (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(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 regulation, security measure, emergency direction 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. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Provisions Respecting Regulations, Orders, etc. Sections 6.2-6.41 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 regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 12; 2004, c. 15, s. 10. Certificate 6.21 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons. 2014, c. 29, s. 14. 6.3 [Repealed, 2014, c. 29, s. 15] 6.4 [Repealed, 2014, c. 29, s. 16] Interim Orders Interim orders 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public; (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident. Authorized deputy may make interim order (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Interim Orders Sections 6.41-6.5 Consultation (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances. Coming into effect (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period. Recommendation by Minister (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect (a) where such a regulation is made, on the day on which the regulation comes into force; and (b) where no such regulation is made, one year after the day on which the interim order is made. Publication in Canada Gazette (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made. Tabling of interim order (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after 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. 1992, c. 4, s. 13; 2004, c. 15, s. 11; 2015, c. 3, s. 4(F). Medical and Optometric Information Minister to be provided with information 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Medical and Optometric Information Sections 6.5-6.7 condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor. Patient to advise (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document. Use by Minister (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety. No proceedings shall lie (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section. Information privileged (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings. Deemed consent (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection. R.S., 1985, c. 33 (1st Supp.), s. 1. Measures Relating to Canadian Aviation Documents Definition of Canadian aviation document 6.6 In sections 6.7 to 7.21, Canadian aviation document includes any privilege accorded by a Canadian aviation document. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 34. Non-application of certain provisions 6.7 Sections 6.71 to 7.21 do not apply to any military personnel of Canada or a foreign state acting in the Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 6.7-6.71 course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, military equipment, a military facility relating to aeronautics or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 34; 2014, c. 29, s. 17. Minister may refuse to issue or amend Canadian aviation document 6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that (a) the applicant is incompetent; (b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal. Notice (2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires, (a) the nature of the incompetence of the applicant; (b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be; (c) the reasons for the Minister’s opinion referred to in paragraph (1)(c); and (d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister’s decision. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 6.71-6.9 Regulations (3) The Governor in Council may make regulations (a) defining the word principal; and (b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister’s decision to refuse to issue or amend a document may not be requested. 1992, c. 4, s. 14; 2001, c. 29, s. 34. Request for review 6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner or operator who is served with or sent a notice under subsection 6.71(2) and who wishes to have the Minister’s decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review of the decision with the Tribunal at the address set out in the notice. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination (4) The member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration. 2001, c. 29, s. 34. Suspensions, etc., generally 6.8 In addition to any ground referred to in any of sections 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel or refuse to issue, amend or renew a Canadian aviation document in the circumstances and on the grounds prescribed by regulation of the Governor in Council. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 34. Suspension, etc., if contravention 6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Section 6.9 holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person’s latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent. Contents of notice (2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed, (a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed. Request for review of Minister’s decision (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision. Request for review not a stay of suspension, etc. (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension or cancellation of the Canadian aviation document to which the decision relates, but where a request for a review has been filed with the Tribunal a member of the Tribunal assigned for the purpose may, subject to subsection (5), on application in writing by the holder of the document or the owner or operator affected by the decision, as the case may be, on such notice to the Minister as the member deems necessary, and after Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 6.9-7 considering such representations by the holder, owner or operator and the Minister as they wish to make in that behalf, direct that the suspension or cancellation of the document be stayed until the review of the decision of the Minister has been concluded. Exception re stay direction (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security. Appointment of review time (6) On receipt of a request filed in accordance with subsection (3), the Tribunal shall appoint a time and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed. Review procedure (7) At the time and place appointed under subsection (6) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension or cancellation under review. Holder, etc., not compelled to testify (7.1) In a review under this section, a holder, owner or operator referred to in subsection (1) is not required, and shall not be compelled, to give any evidence or testimony in the matter. Determination of Tribunal member (8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or substituting his or her own determination. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, ss. 35, 45; 2004, c. 15, s. 12. Suspension where immediate threat to aviation safety or security 7 (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Section 7 or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person’s latest known address, notify the holder, owner or operator of the Minister’s decision. Contents of notice (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed, (a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; and (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event the holder of the document or the owner or operator concerned wishes to have the decision reviewed. Effective date of Minister’s decision (2.1) The Minister’s decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date. Request for review of Minister’s decision (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on him or sent to him under that subsection, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision. Request for review not a stay of suspension (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension to which the decision relates. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Section 7 Appointment of review time (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed. Review procedure (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension under review. Determination (7) The member of the Tribunal conducting the review may make the following determination: (a) if the decision of the Minister relates to a person’s designation under section 4.84, the member may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration; or (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister’s decision or by substituting his or her own determination. Effect of decision pending reconsideration (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded. Request for reconsideration of immediate threat (8) If no appeal from a determination under subsection (7) confirming the Minister’s decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister’s decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 7-7.1 request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection. Reconsideration (9) On receipt of a request under subsection (8), the Minister shall forthwith reconsider the matter and give a notice of his decision to the holder, owner or operator who made the request, and the provisions of this section and section 7.2 providing for a review of a decision of the Minister and an appeal from a determination on a review apply, with such modifications as the circumstances require, to and in respect of a decision of the Minister under this subsection. R.S., 1985, c. A-2, s. 7; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, ss. 36, 45; 2004, c. 15, ss. 13, 111. Suspension, etc., on other grounds 7.1 (1) If the Minister decides to suspend, cancel or refuse to renew a Canadian aviation document on the grounds that (a) the holder of the document is incompetent, (b) the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued, or (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the holder of the document or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)( a), warrant it, the Minister shall, by personal service or by registered or certified mail sent to the holder or the owner or operator of the aircraft, airport or facility, as the case may be, at their latest known address, notify that person of the Minister’s decision. Contents of notice (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed, (a) indicate, as the case requires, (i) [Repealed, 2001, c. 29, s. 37] (ii) the nature of the incompetence of the holder of the Canadian aviation document that the Minister believes exists, the qualifications necessary for the Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Section 7.1 issuance of the document that the Minister believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, or (iii) the elements of the public interest on which the decision of the Minister is based; and (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event the holder of the document or the owner or operator concerned wishes to have the decision reviewed. Effective date of Minister’s decision (2.1) The Minister’s decision to suspend or cancel a Canadian aviation document takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date. Request for review of Minister’s decision (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision. Request for review not a stay of suspension, etc. (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates. Appointment of review time (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 7.1-7.2 Review procedure (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review. Determination of Tribunal member (7) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration. Effect of decision pending reconsideration (8) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under subsection (7), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to aviation safety. (9) [Repealed, 2001, c. 29, s. 37] R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5, c. 4, s. 15; 2001, c. 29, ss. 37, 45. Right of appeal 7.2 (1) Within thirty days after the determination, (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Measures Relating to Canadian Aviation Documents Sections 7.2-7.3 (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision. Effect of decision pending reconsideration (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 38; 2004, c. 15, ss. 14, 111; 2017, c. 26, s. 4(F). Default in payment 7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 7.92, paragraph 8(b) or subsection 8.1(4) has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates. Notice (2) The Minister shall, by personal service or by registered or certified mail sent to the applicant, holder, owner or operator, as the case may be, at their latest known address, notify that person of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than thirty days after the notice is served or sent. 2001, c. 29, s. 38. Prohibitions, Offences and Punishment Prohibitions 7.3 (1) No person shall (a) knowingly make any false representation for the purpose of obtaining a Canadian aviation document or any privilege accorded thereby; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Prohibitions, Offences and Punishment Section 7.3 (b) wilfully destroy any document required under this Part to be kept; (c) make or cause to be made any false entry in a record required under this Part to be kept with intent to mislead or wilfully omit to make any entry in any such record; (d) wilfully obstruct any person who is performing duties under this Part; (e) except as authorized under this Part, wilfully operate or otherwise deal with an aircraft that has been detained under this Part; (f) wilfully do any act or thing in respect of which a Canadian aviation document is required except under and in accordance with the required document; or (g) wilfully do any act or thing in respect of which a Canadian aviation document is required where (i) the document that has been issued in respect of that act or thing is suspended, or (ii) an order referred to in subsection 7.5(1) prohibits the person from doing that act or thing. Contravention of subsection (1) (2) Every person who contravenes subsection (1) is guilty of (a) an indictable offence; or (b) an offence punishable on summary conviction. Contravention of Part, regulation, etc. (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction. Contravention of subsection 4.81(1) (3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Prohibitions, Offences and Punishment Section 7.3 Punishment, individuals (4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding five thousand dollars and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment. Punishment, corporations (5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding twenty-five thousand dollars. Punishment — ANS Corporation (5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues. Punishment, subsequent offences (6) Where a person is convicted of a second or subsequent offence under this Part, the fine shall not be less than two hundred and fifty dollars. Imprisonment precluded in certain cases (7) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment unless the offence is an offence referred to in subsection (1). Idem (7.1) Where a person is proceeded against under section 8.4 and is convicted of an offence under this Part, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence. Recovery of fines (8) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Prohibitions, Offences and Punishment Sections 7.3-7.4 right of Canada against the convicted person for a debt of the amount of the fine. Recovery of costs and charges (9) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 16; 1996, c. 20, s. 103; 2004, c. 15, s. 15. Continuing offence 7.31 Where an offence under this Part is committed or continued on more than one flight or segment of a flight, it shall be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued. 1992, c. 4, s. 17. Court may order forfeiture 7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada. Application by person claiming interest (2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the “applicant”, other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5). Date of hearing (3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof. Notice (4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed. Order by judge (5) Where, on the hearing of an application, the judge is satisfied that the applicant Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Prohibitions, Offences and Punishment Sections 7.4-7.41 (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest. Appeal (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court. Application to Minister (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5), (a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant. Disposal of forfeited aircraft (8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct. R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 16. Prohibition — unruly or dangerous behaviour 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally (a) interfering with the performance of the duties of any crew member; (b) lessening the ability of any crew member to perform that crew member’s duties; or Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Prohibitions, Offences and Punishment Sections 7.41-7.5 (c) interfering with any person who is following the instructions of a crew member. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both. Deeming — “in flight” (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation. Application (4) This section applies despite subsections 7.3(4) and (7). 2004, c. 15, s. 17. Prohibition by court 7.5 (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order. (2) to (4) [Repealed, 1992, c. 4, s. 18] R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 144(F), c. 4, s. 18. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Procedure Pertaining to Certain Contraventions Sections 7.6-7.7 Procedure Pertaining to Certain Contraventions Designation of provisions 7.6 (1) The Governor in Council may, by regulation, (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2; (a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed (i) $5,000, in the case of an individual, and (ii) $25,000, in the case of a corporation. Non-application of summary conviction procedure (2) A person who contravenes a designated provision is guilty of an offence and liable to the punishment imposed in accordance with sections 7.7 to 8.2 and no proceedings against the person shall be taken by way of summary conviction. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 19; 2004, c. 15, s. 18; 2015, c. 20, s. 12. Notice of assessment of monetary penalty 7.7 (1) If the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister may decide to assess a monetary penalty in respect of the alleged contravention, in which case the Minister shall, by personal service or by registered or certified mail sent to the person at their latest known address, notify the person of his or her decision. Contents of notice (2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate (a) the designated provision that the Minister believes has been contravened; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Procedure Pertaining to Certain Contraventions Sections 7.7-7.91 (b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and (c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 20; 2001, c. 29, s. 39. Option 7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 39. Payment of specified amount precludes further proceedings 7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, s. 39. Request for review of determination 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Procedure Pertaining to Certain Contraventions Sections 7.91-8 filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden of establishing that a person has contravened a designated provision is on the Minister. Person not compelled to testify (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter. 2001, c. 29, s. 39. Certificate 7.92 If a person fails to pay the amount of the penalty specified in a notice under subsection 7.7(1) within the time specified in the notice and does not file a request for a review under subsection 7.91(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in a form prescribed by the Governor in Council that indicates the amount of the penalty specified in the notice. 2001, c. 29, s. 39. Determination by Tribunal member 8 If, at the conclusion of a review under section 7.91, the member of the Tribunal who conducts the review determines that (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Procedure Pertaining to Certain Contraventions Sections 8-8.2 may by regulation prescribe, setting out the amount required to be paid by the person. R.S., 1985, c. A-2, s. 8; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 21; 2001, c. 29, s. 40(E). Right of appeal 8.1 (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against. Certificate (4) Where the appeal panel finds on an appeal that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the panel to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in a form prescribed by regulation of the Governor in Council, setting out the amount required to be paid by the person. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 22; 2001, c. 29, s. 41. Registration of certificate 8.2 (1) If the time limit for the payment of an amount determined by the Minister in a notice under subsection 7.7(1) has expired, the time limit for the request for a review under subsection 7.91(1) has expired, the time limit for an appeal under subsection 8.1(1) has expired, or an appeal taken under section 8.1 has been disposed of, on production in any superior court, a certificate issued under section 7.92, paragraph 8(b) or subsection 8.1(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Procedure Pertaining to Certain Contraventions Sections 8.2-8.3 Recovery of costs and charges (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1). Amounts received deemed public moneys (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 42. Records 8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date. Notice of decision (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto. Application of certain provisions (3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2). Repeat of applications limited (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, s. 43; 2004, c. 15, s. 19. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Enforcement Sections 8.4-8.5 Enforcement Owner of aircraft may be found liable 8.4 (1) The registered owner of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent and, where found to have committed the offence, the owner is liable to the penalty provided as punishment therefor. Operator of aircraft may be found liable (2) The operator of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent and, where found to have committed the offence, the operator is liable to the penalty provided as punishment therefor. Pilot-in-command may be found liable (3) The pilot-in-command of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the offence was committed without the consent of the pilot-in-command and, where found to have committed the offence, the pilot-in-command is liable to the penalty provided as punishment therefor. Operator of aerodrome, etc., may be found liable (4) The operator of an aerodrome or other aviation facility may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aerodrome or facility for which another person is subject to be proceeded against unless the offence was committed without the consent of the operator of the aerodrome or facility and, where found to have committed the offence, the operator of the aerodrome or facility is liable to the penalty provided as punishment therefor. R.S., 1985, c. 33 (1st Supp.), s. 1. Defence 8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention. R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 20. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Enforcement Sections 8.6-8.7 Admissibility of evidence 8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 3; 2008, c. 6, s. 55; 2018, c. 21, s. 39. Powers to enter, seize and detain 8.7 (1) Subject to subsection (4), the Minister may (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it; (a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying; (b) enter any place for the purposes of an investigation of matters concerning aviation safety; (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention. Matters relating to defence (1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Enforcement Section 8.7 Operation of computer systems and copying equipment (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents. Search warrants (2) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part. Regulations respecting things seized or detained (3) The Governor in Council may make regulations respecting (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained. Warrant required to enter dwelling-house (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5). Authority to issue warrant (5) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics Enforcement Sections 8.7-9 (b) 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 Minister to enter that dwellinghouse subject to such conditions as may be specified in the warrant. Use of force (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 23(F); 2004, c. 15, s. 21; 2014, c. 29, s. 18. Duty to assist Minister 8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall (a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and (b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require. 2004, c. 15, s. 22. General Regulations establishing compensation payable for death or injury 9 (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration. Idem (2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART I Aeronautics General Sections 9-10 other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act. R.S., 1985, c. A-2, s. 9; R.S., 1985, c. 33 (1st Supp.), s. 1; 2003, c. 22, s. 89. PART II Military Investigations Involving Civilians Interpretation Definitions 10 (1) The following definitions apply in this Part. Authority means the Airworthiness Investigative Authority designated under subsection 12(1). (directeur) civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act. (civil) department means (a) any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister; (b) any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and (c) any fact-finding authority, body or person established or appointed by such a department, minister, person or body. (ministère) military-civilian occurrence means (a) any accident or incident involving (i) an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used for the manufacture of an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and (ii) a civilian; or Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Interpretation Sections 10-12 (b) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). (accident militaro-civil) visiting force has the same meaning as in section 2 of the Visiting Forces Act. (force étrangère présente au Canada) Application (2) This section and sections 11 to 24.7 apply in respect of military-civilian occurrences (a) in or over Canada; (b) in or over any place that is under Canadian air traffic control; and (c) in or over any other place in any of the following cases: (i) Canada is requested to investigate the occurrence by an appropriate authority, (ii) the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or (iii) the civilians involved are in Canada. R.S., 1985, c. A-2, s. 10; R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 19. Authorization by Minister Power 11 The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister specifies, any of the powers, duties or functions of the Minister under this Part. R.S., 1985, c. A-2, s. 11; R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 19. Airworthiness Investigative Authority Airworthiness Investigative Authority 12 (1) The Minister shall designate from among the members of the Canadian Forces or the employees of the Department of National Defence an individual to be the Airworthiness Investigative Authority, who is to be responsible for advancing aviation safety by Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Airworthiness Investigative Authority Sections 12-13 (a) investigating military-civilian occurrences, in order to find their causes and contributing factors; (b) identifying safety deficiencies as evidenced by military-civilian occurrences; (c) making recommendations designed to eliminate or reduce any of those safety deficiencies; and (d) providing reports to the Minister on the investigations and the findings in relation to them. Restriction (2) In making findings in an investigation of a militarycivilian occurrence, it is not the Authority’s function to assign fault or determine civil or criminal liability, but the Authority shall not refrain from making a full report merely because fault or liability might be inferred from the Authority’s findings. Restriction (3) No finding of the Authority may be construed as assigning fault or determining civil or criminal liability. Findings not binding (4) The Authority’s findings are not binding on the parties to any legal, disciplinary or other proceedings. R.S., 1985, c. A-2, s. 12; R.S., 1985, c. 33 (1st Supp.), s. 2, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Investigations of Military-Civilian Occurrences Investigations Investigators 13 (1) The Authority may act as an investigator under this Part with respect to a military-civilian occurrence, and may designate as an investigator to investigate such an occurrence in accordance with this Part on the Authority’s behalf any person, or member of a class of persons, that the Authority considers qualified. Certificate (2) The Authority shall give a designated investigator a certificate of designation specifying the terms of their designation. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Investigations Sections 13-14 Report (3) A designated investigator shall report to the Authority with respect to the investigation of a military-civilian occurrence. R.S., 1985, c. A-2, s. 13; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Definitions 14 (1) The following definitions apply in this section. information includes a record regardless of its form and a copy of a record. (renseignement) place includes an aircraft, any premises and any building or other structure erected on those premises. (lieu) Powers of investigators (2) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the investigator may, subject to subsection (3), enter and search that place for such a thing, and seize any such thing that is found in the course of that search, including an aircraft or part of one. Conditions for exercise of powers (3) An investigator shall not exercise the powers referred to in subsection (2) in relation to a particular place without the consent of the person apparently in charge of that place unless (a) those powers are exercised under the authority of a warrant; or (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant. Warrant (4) If a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the justice may, on ex parte application, sign and issue a warrant authorizing the investigator to enter and search that place for such a thing and to seize any such thing that is found in the course of that search. Warrants may be obtained by telephone, etc. (5) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 24.5(1)(g). Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Investigations Section 14 Power to test things seized, etc. (6) If any thing is seized by an investigator under subsection (2), the investigator (a) may, subject to paragraph (b), cause to be conducted on the thing any tests, including tests to destruction, that are necessary for the purposes of the investigation; (b) shall, to the extent that it is practical and safe to do so without unreasonably impeding the progress of the investigation, (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at such tests, and (ii) allow them to be present at those tests; and (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return under section 15. Power to prohibit or limit access (7) An investigator may, in the course of an investigation of a military-civilian occurrence, and for the purposes of preserving and protecting any thing involved or likely to have been involved, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for any period that is necessary for the purposes of the investigation. Disruption to be minimized (8) In exercising the power conferred by subsection (7), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services. Prohibition (9) No person shall knowingly enter an area in contravention of a prohibition or limitation of access under subsection (7). Additional powers of investigators (10) An investigator may do any of the following, on notice in writing to the person concerned, if their belief is based on reasonable grounds: (a) if the investigator believes that a person has information relevant to an investigation, (i) require the person to produce the information to the investigator or to attend before the investigator Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Investigations Section 14 and give a statement referred to in section 24.1, under oath or solemn affirmation if required by the investigator, and (ii) make any copies of and take any extracts from the information that the investigator considers necessary for the purposes of the investigation; (b) require a person who is directly or indirectly involved in the operation of an aircraft to submit to a medical examination, if the investigator believes that the examination is or might be relevant to the investigation; (c) require a physician or health practitioner to provide information concerning a patient to the investigator, if the investigator believes that the information is or might be relevant to the investigation; or (d) require the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or other medical examination on the remains, and cause it to be performed, if the investigator believes that the autopsy or other medical examination is or might be relevant to the investigation. Offence — paragraph (10)(a), (c) or (d) (11) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (10)(a), to provide information in accordance with a requirement imposed under paragraph (10)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or other medical examination in accordance with a requirement imposed under paragraph (10)(d). Offence — paragraph (10)(b) (12) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (10)(b), but information obtained as a result of such an examination is privileged and, subject to the Authority’s power to make any use of it that the Authority considers necessary in the interests of aviation safety, no person shall knowingly communicate it or permit it to be communicated to any person. Legal proceedings (13) No person is to be required to produce information referred to in subsection (12) or to give evidence relating to it in any legal, disciplinary or other proceedings. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Investigations Sections 14-15 Certificate to be produced (14) Before acting under this section, an investigator shall, on request, produce their certificate of designation to any person in relation to whom the investigator acts. Meaning of medical examination (15) The requirement under paragraph (10)(b) that a person submit to a medical examination does not require the person to submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance. Use of force (16) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant. Failure to produce document, etc. (17) If an investigator has required a person to do something under subsection (10) and the person has refused or failed to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for their punishment as if they had been guilty of contempt of the court, or may make any other order that it considers appropriate. R.S., 1985, c. A-2, s. 14; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Return of seized property 15 (1) Anything seized under section 14 — except onboard recordings as defined in subsection 22(1) — shall, as soon as possible after it has served the purpose for which it was seized, be returned to the owner or the person who appears on reasonable grounds to be entitled to it, or to the person from whom it was seized, unless (a) the owner or the person who appears on reasonable grounds to be entitled to it consents otherwise in writing; or (b) a court of competent jurisdiction orders otherwise. Application for return (2) A person from whom anything was seized under section 14 — except on-board recordings as defined in subsection 22(1) — or the owner or any other person who appears on reasonable grounds to be entitled to it may apply to a court of competent jurisdiction for an order that the seized thing be returned to them. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Investigations Sections 15-17 Order for return (3) If, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it might subsequently be required by the Authority under this Act. Exception (4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 14(6). R.S., 1985, c. A-2, s. 15; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Miscellaneous Provisions Notification of Authority 16 (1) If a department is notified of a military-civilian occurrence, the department shall (a) immediately provide the Authority with particulars of the occurrence; and (b) as soon as feasible after complying with paragraph (a), advise the Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take. Investigator as observer (2) An investigator authorized by the Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence. Authority may review and comment (3) Subject to any other Act or law, the Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department. R.S., 1985, c. A-2, s. 16; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Notification by Authority 17 (1) If the Authority is notified of a military-civilian occurrence, the Authority shall (a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and (b) as soon as feasible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Miscellaneous Provisions Sections 17-18 any investigation that the Authority plans to conduct and of its scope. Observers (2) Subject to any conditions that the Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Authority if the person (a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject matter of the investigation; (b) has observer status or is an accredited representative or an adviser to an accredited representative, under an international agreement or convention relating to transportation to which Canada is a party; or (c) is invited by the Authority to attend as an observer because, in the Authority’s opinion, the person has a direct interest in the subject matter of the investigation and is likely to contribute to achieving its object. Observer may be removed (3) The Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Authority or if, in the Authority’s opinion, the observer’s participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation. R.S., 1985, c. A-2, s. 17; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Report to the Minister 18 (1) On completion of an investigation, the Authority shall provide a report to the Minister on the Authority’s findings, including any safety deficiencies that the Authority has identified and any recommendations relating to aviation safety that the Authority considers appropriate. Representations on draft report (2) Before providing the report to the Minister, the Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Authority with respect to the draft report before the final report is prepared. Confidentiality of draft report (3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose — Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Miscellaneous Provisions Section 18 other than the taking of remedial measures — that is not strictly necessary to the study of the draft report or to the making of representations with respect to it. Manner of dealing with representations (4) The Authority shall (a) receive representations made under subsection (2) in any manner the Authority considers appropriate; (b) keep a record of those representations; (c) consider those representations before providing the final report to the Minister; and (d) notify in writing each of the persons who made those representations, indicating how the Authority has disposed of the representations made by that person. Protection of representations (5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person. Use by Authority (6) The Authority may use representations as the Authority considers necessary in the interests of aviation safety. Making representations available to coroner (7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Authority, the Authority shall make them available to the coroner. Prohibition of use (8) Except for use by a coroner for the purpose of an investigation, no person is to use representations in any legal, disciplinary or other proceedings. Notification of findings and recommendations (9) The Authority shall (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Authority’s opinion, has a direct Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Miscellaneous Provisions Sections 18-19 interest in the investigation’s findings, of any of his or her findings and recommendations, whether interim or final, that, in the Authority’s opinion, require urgent action; and (b) on completion of the investigation, notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of his or her findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies he or she has identified and any recommendations resulting from his or her findings. Minister to reply to Authority (10) A minister, other than the Minister of National Defence, who is notified under subsection (9) of any findings and recommendations on matters relating to defence shall, within 90 days after the day on which they were notified, (a) advise the Minister and the Authority in writing of any action taken or proposed to be taken in response to those findings and recommendations; or (b) provide written reasons to the Minister and the Authority if no action will be taken or if the action to be taken differs from the action that was recommended. Extension of time (11) If the Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Authority considers necessary. R.S., 1985, c. A-2, s. 18; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Interim report 19 (1) The Authority shall, on a confidential basis, provide an interim report on the progress and findings of an investigation (a) to any minister responsible for a department that has a direct interest in the subject matter of the investigation, on written request made in respect of that investigation; and (b) to any coroner investigating the military-civilian occurrence, if it involved a death and significant progress has been made in the investigation. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Miscellaneous Provisions Sections 19-22 Limited purpose only (2) A person, other than a minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to its examination. R.S., 1985, c. A-2, s. 19; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Power to reconsider 20 (1) The Authority may, at any time, reconsider any findings and recommendations made on the basis of an investigation of a military-civilian occurrence under this Part. Duty to reconsider (2) The Authority shall reconsider the findings and recommendations made on the basis of an investigation under this Part if, in his or her opinion, new material facts appear. R.S., 1985, c. A-2, s. 20; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Power to authorize 21 (1) Subject to subsection (2), the Authority may authorize any person, subject to any limitations specified in the authorization, to exercise or perform any of the powers, duties or functions conferred or imposed on the Authority under this Part, other than the power of authorization under this subsection. Revocation (2) The authorization may be revoked by the Authority in writing. R.S., 1985, c. A-2, s. 21; R.S., 1985, c. 33 (1st Supp.), s. 3, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Privilege Definition of on-board recording 22 (1) In this section and in section 23, on-board recording means the whole or any part of either a recording of voice communications originating from an aircraft, or received on or in the flight deck of an aircraft, or a video recording of the activities of the operating personnel of an aircraft, that is made, using recording equipment that is intended not to be controlled by the operating personnel, on the flight deck of the aircraft, and includes a transcript or substantial summary of such a recording. Privilege for on-board recordings (2) Every on-board recording in respect of an aircraft is privileged whether or not that aircraft has been involved in a military-civilian occurrence and, except as provided by this section and section 23, no person, including any Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Section 22 person to whom access is provided under those sections, shall knowingly communicate an on-board recording or permit one to be communicated to any person. Legal proceedings (3) Except as provided by this section and section 23, no person is to be required to produce an on-board recording or to give evidence relating to one in any legal, disciplinary or other proceedings. Use authorized by Authority (4) The Authority may, subject to any restrictions or conditions that he or she specifies, authorize any person or class of persons to make use of any on-board recording in the interests of aviation safety. Access by investigator (5) Any on-board recording that relates to a militarycivilian occurrence being investigated under this Part shall be released to an investigator who requests it for the purposes of the investigation. Use by Authority (6) The Authority may make any use that he or she considers necessary in the interests of aviation safety of any on-board recording obtained by an investigator under this Part but, subject to subsections (7) and 23(1), (4) and (6), shall not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the causes or contributing factors of the militarycivilian occurrence under investigation or to the identification of safety deficiencies. Access by coroners and other investigators (7) The Authority shall make available any on-board recording obtained in the course of an investigation of a military-civilian occurrence (a) to a coroner who requests access to it for the purpose of an investigation that the coroner is conducting; or (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act. Power of court or coroner (8) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Sections 22-23 (a) cause notice of the request to be given to the Authority, if the Authority is not a party to the proceedings; (b) examine the on-board recording in camera and give the Authority a reasonable opportunity to make representations with respect to it; and (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it. Restriction (9) An on-board recording is not to be used against any of the following persons in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters. Definition of court (10) For the purposes of subsection (8), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act. R.S., 1985, c. A-2, s. 22; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. On-board recording — board of inquiry 23 (1) The Authority shall make available to a board of inquiry convened under section 45 of the National Defence Act any on-board recording in respect of an aircraft, whether or not that aircraft has been involved in a military-civilian occurrence, if (a) the president of that board makes a written request, together with reasons, for access to the onboard recording; and (b) after considering the reasons, the Authority determines that (i) the aircraft was operated by or on behalf of the Canadian Forces when the on-board recording was made, and Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Section 23 (ii) the public interest in the proper administration of the Canadian Forces outweighs in importance the privilege attached to the on-board recording by virtue of section 22. Notice of refusal (2) If the Authority refuses the request, he or she shall give written notice of the refusal to the president and reasons for it. Request to Minister (3) On receipt of the notice of refusal, the president may make a written request to the Minister for access to the on-board recording. If the president makes such a request, he or she shall include the written reasons originally submitted to the Authority, along with the Authority’s reasons for refusal, and may include additional written representations, a copy of which is to be provided to the Authority. Determination by Authority — additional representations (4) The Authority shall, on receipt of any additional representations, consider them and, (a) if he or she determines that the representations raise a new issue and makes the determinations listed in paragraph (1)(b), he or she shall so notify the Minister and make available the on-board recording to the board of inquiry; or (b) if he or she determines that the representations do not raise a new issue or determines that the representations do raise a new issue but does not make the determinations listed in paragraph (1)(b), he or she shall not make available the on-board recording to the board of inquiry, shall give written notice to the Minister of the determination and the reasons for it, and shall provide a copy to the president. Consideration by Minister (5) On receipt of a request under subsection (3) without any additional written representations, the Minister shall consider the reasons included with the president’s request. If a request under subsection (3) includes additional written representations, the Minister shall, on receipt of notice of the Authority’s refusal under paragraph (4)(b) to make available the on-board recording to the board of inquiry, consider the reasons included with the president’s request together with the additional written representations and the Authority’s written reasons for the refusal in response to those representations. The Minister may, in consideration of the request, examine the on-board recording in camera. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Sections 23-24.1 Determination by Minister (6) The Minister shall (a) direct the Authority to make the on-board recording available to the board of inquiry, subject to any restrictions or conditions that the Minister considers appropriate, if the Minister makes the determinations listed in paragraph (1)(b); or (b) so notify the president and the Authority if the Minister does not make the determinations listed in paragraph (1)(b). Decision final (7) The Minister’s decision is final and binding and not subject to appeal or review by any court. Exception (8) Despite subsection 22(9), an on-board recording that is made available to a board of inquiry under this section may be used in other proceedings relating to the capacity or competence of any person who is subject to the Code of Service Discipline set out in Part III of the National Defence Act. R.S., 1985, c. A-2, s. 23; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Definition of communication record 24 (1) In this section, communication record means the whole or any part of any record, recording, copy, transcript or substantial summary of any type of communications respecting air traffic control or related matters that take place between any of the following persons: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters. Restriction (2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part is not to be used against a member of the Canadian Forces or any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings. R.S., 1985, c. A-2, s. 24; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19. Definition of statement 24.1 (1) For the purposes of this section and section 14, statement means Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Section 24.1 (a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence that is given by the author of the statement to the Authority, an investigator or any person acting for the Authority; (b) a transcription or substantial summary of a statement referred to in paragraph (a); or (c) conduct that could reasonably be taken to be intended as such a statement. Statement privileged (2) A statement and the identity of the person who made it are privileged and, except as provided by this Part or as authorized in writing by the person who made the statement, no person, including any person to whom access is provided under this section, shall knowingly communicate a statement or permit it to be communicated to any person, or disclose the identity of the person who made it. Use by Authority (3) The Authority may use any statement as he or she considers necessary in the interests of aviation safety. Access by coroners and other investigators (4) The Authority shall make statements available (a) to a coroner who requests access to them for the purpose of an investigation that the coroner is conducting; and (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act. Power of court or coroner (5) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall (a) examine the statement in camera; and (b) if the court or coroner concludes that, in the circumstances of the case, the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to any restrictions or conditions that the court or coroner considers appropriate, and Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Sections 24.1-24.2 may require any person to give evidence that relates to it. Restriction (6) A statement is not to be used against the person who made it in any legal, disciplinary or other proceedings except in a prosecution for perjury or for giving contradictory evidence or a prosecution under section 24.6. Definition of court (7) For the purposes of subsection (5), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act. 2014, c. 29, s. 19. Reporting of military-civilian occurrences 24.2 (1) The Governor in Council may make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Authority of any of the following: (a) military-civilian occurrences; (b) any other accident or incident involving an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1); (c) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (b); and (d) any classes of the occurrences, accidents, incidents, situations or conditions referred to in any of paragraphs (a) to (c) that are specified in the regulations. Use of reports (2) The Authority may, subject to this section, use any report made under regulations made under subsection (1) that he or she considers necessary in the interests of aviation safety. Protection of identity (3) Regulations made under subsection (1) may provide for the protection of the identity of persons who make a report under those regulations. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Privilege Sections 24.2-24.5 Certain information privileged (4) If a person’s identity is protected by provisions referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and no person shall knowingly communicate it or permit it to be communicated to any person. Legal proceedings (5) No person is to be required to produce information referred to in subsection (4) or to give evidence relating to the information in any legal, disciplinary or other proceedings. Restriction (6) A report made under a voluntary reporting system established by regulations made under subsection (1) is not to be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by provisions referred to in subsection (3). 2014, c. 29, s. 19. Evidence of Authority and of Investigators Appearance of investigator 24.3 Except for proceedings before and investigations by a coroner, neither the Authority nor an investigator is competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted so orders for special cause. 2014, c. 29, s. 19. Opinions inadmissible 24.4 An opinion of the Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings. 2014, c. 29, s. 19. Regulations Regulations 24.5 (1) The Governor in Council may make regulations (a) prescribing the manner of exercising or performing any of the powers, duties and functions of an investigator designated under subsection 13(1); (b) respecting the keeping and preservation of records, documents and other evidence relating to military-civilian occurrences; Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Regulations Sections 24.5-24.6 (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 14(6); (d) respecting, for the purposes of an investigation of a military-civilian occurrence, the sites of such an occurrence and prescribing rules for their protection; (e) defining the rights or privileges of persons attending investigations as observers or with observer status; (f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation of a military-civilian occurrence, and the conditions under which fees or expenses may be paid to such a witness; (g) respecting the forms of warrants issued under section 14 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 14; and (h) generally for carrying out the purposes and provisions of this Part. Publication of proposed regulations (2) A copy of each regulation that the Governor in Council proposes to make under subsection (1) or section 24.2 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 60 days to make representations with respect to it. Exceptions (3) Subsection (2) does not apply in respect of a proposed regulation that (a) has previously been published under that subsection, whether or not it has been changed as a result of representations made under that subsection; or (b) makes no substantive change to an existing regulation. 2014, c. 29, s. 19. Offences Offences 24.6 (1) Every person is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction, who (a) contravenes subsection 14(9), (11) or (12); (b) without lawful excuse, intentionally resists or otherwise obstructs an investigator in the exercise or Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Investigations of Military-Civilian Occurrences Offences Sections 24.6-24.7 performance of powers, duties or functions under this Part; (c) knowingly gives false or misleading information in any investigation of a military-civilian occurrence under this Part; or (d) makes a report under section 24.2 that they know to be false or misleading. Offence (2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction. 2014, c. 29, s. 19. Evidence 24.7 (1) Subject to subsections (2) and (3), the following reports and documents are admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document, and are, in the absence of evidence to the contrary, proof of the statements contained in such a report or the contents of such a document: (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 14 and stating the results of the exercise of the power; and (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 14(10). Notice (2) No report or document is to be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document. Cross-examination (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract. 2014, c. 29, s. 19. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART II Military Investigations Involving Civilians Military Investigations under Part I Sections 24.8-27 Military Investigations under Part I Application of certain provisions 24.8 Section 14, subsections 18(1) to (9) and sections 22 to 24.4 apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Authority to carry out other than an investigation of a military-civilian occurrence. 2014, c. 29, s. 19. PART III Staff Employment of officers, clerks and employees 25 Such officers, clerks and employees as may be necessary for the proper administration of this Act may be employed in the manner authorized by law. R.S., c. A-3, s. 20. Prosecution Limitation period 26 No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose. R.S., 1985, c. A-2, s. 26; R.S., 1985, c. 33 (1st Supp.), s. 4. Proof of documents 27 (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — as a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence (a) of the original document of which it purports to be a copy; (b) that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART III Prosecution Sections 27-33 (c) that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy. Certificate (2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate, if the certificate states that a document, authorization or exemption under this Act (a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or (b) having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension. R.S., 1985, c. A-2, s. 27; R.S., 1985, c. 33 (1st Supp.), s. 4, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 205; 2014, c. 29, s. 20. Document entries as proof 28 In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility. R.S., 1985, c. A-2, s. 28; R.S., 1985, c. 33 (1st Supp.), s. 4; 1992, c. 4, s. 24(F). PART IV [Repealed, 2001, c. 29, s. 44] 29 [Repealed, 2001, c. 29, s. 44] 30 [Repealed, 2001, c. 29, s. 44] 31 [Repealed, 2001, c. 29, s. 44] 32 [Repealed, 2001, c. 29, s. 44] 33 [Repealed, 2001, c. 29, s. 44] Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics PART IV [Repealed, 2001, c. 29, s. 44] Sections 34-37 34 [Repealed, 2001, c. 29, s. 44] 35 [Repealed, 2001, c. 29, s. 44] 36 [Repealed, 2001, c. 29, s. 44] 37 [Repealed, 2001, c. 29, s. 44] Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics SCHEDULE SCHEDULE (Subsections 4.81(1) and (10) and 4.82(4) and (5)) 1 The person’s surname, first name and initial or initials 2 The person’s date of birth 3 The person’s citizenship or nationality or, if not known, the country that issued the travel documents for the person’s flight 4 The person’s gender 5 The number of the person’s passport and, if applicable, the number of the person’s visa or residency document 6 The date on which the person’s passenger name record was created 7 If applicable, a notation that the person arrived at the departure gate with a ticket but without a reservation for the flight 8 If applicable, the names of the travel agency and travel agent that made the person’s travel arrangements 9 The date on which the ticket for the person’s flight was issued 10 If applicable, a notation that the person exchanged their ticket for the flight 11 The date, if any, by which the person’s ticket for the flight had to be paid for to avoid cancellation of the reservation or the date, if any, on which the request for a reservation was activated by the air carrier or person who operates the aviation reservation system 12 The number assigned to the person’s ticket for the flight 13 If applicable, a notation that the person’s ticket for the flight is a one-way ticket 14 If applicable, a notation that the person’s ticket for the flight is valid for one year and is issued for travel between specified points with no dates or flight numbers assigned 15 The city or country in which the travel included in the person’s passenger name record begins 16 The itinerary cities, being all points where the person will embark or disembark 17 The name of the operator of the aircraft on which the person is on board or expected to be on board 18 The names of the operators of aircraft over whose air routes all other segments of air travel included in the person’s passenger name record are undertaken, including, for each segment, the name of any operator of aircraft other than the operator that issued the ticket 19 The code of the operator of the aircraft and the identification number for the person’s flight 20 The person’s destination 21 The travel date for the person’s flight 22 Any seat assignment on the person’s flight that was selected for the person before departure Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics SCHEDULE 23 The number of pieces of baggage checked by the person to be carried in the aircraft’s cargo compartment on the flight 24 The tag numbers for the person’s baggage 25 The class of service in respect of the person’s flight 26 Any stated seat request in respect of the person’s flight 27 The person’s passenger name record number 28 The phone numbers of the person and, if applicable, the phone number of the travel agency that made the person’s travel arrangements 29 The person’s address and, if applicable, the address of the travel agency that made the travel arrangements 30 The manner in which the person’s ticket was paid for 31 If applicable, a notation that the person’s ticket was paid for by another person 32 If applicable, a notation that there are gaps in the itinerary included in the person’s passenger name record that necessitate travel by an undetermined method 33 Routing information in respect of the travel included in the person’s passenger name record, being the departure and arrival points, codes of the operators of the aircraft, stops and surface segments 34 If applicable, a notation that the person’s ticket is in electronic form and stored electronically in an aviation reservation system 2004, c. 15, s. 23. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics RELATED PROVISIONS RELATED PROVISIONS — SI/2011-10 His Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 2(a)a of the Public Service Rearrangement and Transfer of Duties Actb, hereby transfers to the Minister of Public Safety and Emergency Preparedness the powers, duties and functions of the Minister of Transport under paragraph 4.81(1)(b)c of the Aeronautics Actd to determine, and to authorize officers to determine, whether an individual is to be specified by the Minister of Transport to air carriers for the purpose of requiring the air carriers to provide information pursuant to the Identity Screening Regulationse. a b c d e S.C. 2003, c. 22, s. 207 R.S., c. P-34 S.C. 2004, c. 15, s. 5 R.S., c. A-2 SOR/2007-82 — 2014, c. 29, s. 24 Existing investigations — military-civilian occurrences 24 (1) On the coming into force of Part II of the Aeronautics Act (referred to in this section as “the Act”), as enacted by section 19 of this Act, that Part applies to any investigation already begun of an accident or incident relating to aeronautics that would have been considered a military-civilian occurrence, as defined in that Part, and the Airworthiness Investigative Authority designated by the Minister of National Defence under section 12 of the Act shall continue the investigation in accordance with that Part. Completed investigations — military-civilian occurrences (2) If, on the coming into force of Part II of the Act, an investigation referred to in subsection (1) has been completed but no report on it has been provided to the Minister of National Defence, then the following provisions apply on the coming into force of that Part: subsections 18(1) to (9) of the Act, the provisions of sections 22 to 24.1 of the Act relating to on-board recordings, communication records and statements, as defined in sections 22, 24 and 24.1 of the Act, respectively, and the provisions of section 24.2 of the Act relating to reporting by civilians. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics RELATED PROVISIONS — 2014, c. 29, s. 25 Existing military investigations 25 If, on the coming into force of Part II of the Aeronautics Act (referred to in this section as “the Act”), as enacted by section 19 of this Act, an investigation by or under the authority of the Minister of National Defence of an accident or incident relating to aeronautics that would not have been considered a military-civilian occurrence, as defined in that Part, has already begun, or one has been completed but no report on it has been provided to that Minister, then the following provisions apply on the coming into force of that Part: subsections 18(1) to (9) of the Act, the provisions of sections 22 to 24.1 of the Act relating to on-board recordings, communication records and statements, as defined in sections 22, 24 and 24.1 of the Act, respectively, and the provisions of section 24.2 of the Act relating to reporting by civilians. Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2019, c. 29, s. 271 271 Subsection 3(1) of the Aeronautics Act is amended by adding the following in alphabetical order: designated screening authority has the same meaning as in subsection 2(1) of the Security Screening Services Commercialization Act; (administration de contrôle désignée) — 2019, c. 29, s. 272 2004, c. 15, s. 5. 272 Paragraph 4.71(2)(k) of the Act is replaced by the following: (k) requiring security management systems to be established by the designated screening authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; — 2019, c. 29, s. 273 2004, c. 15, s. 5. 273 (1) Paragraph 4.81(3)(c) of the Act is replaced by the following: (c) the president of the designated screening authority; and 2004, c. 15, s. 5. (2) Paragraph 4.81(4)(c) of the Act is replaced by the following: (c) in the case of information disclosed to the president of the designated screening authority, only to persons in the designated screening authority; and — 2019, c. 29, s. 274 2004, c. 15, s. 5. 274 Subsection 4.82(8) of the Act is replaced by the following: Disclosure to Minister and other persons (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the designated security authority, any peace officer, any employee of the Canadian Security Intelligence Current to June 20, 2022 Last amended on December 18, 2018 Aeronautics AMENDMENTS NOT IN FORCE Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the designated screening authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister. — 2019, c. 29, s. 275 2004, c. 15, s. 21(1). 275 Paragraph 8.7(1)(a) of the Act is replaced by the following: (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the designated screening authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; Current to June 20, 2022 Last amended on December 18, 2018

CONSOLIDATION Access to Information Act R.S.C., 1985, c. A-1 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 extend the present laws of Canada that provide access to information under the control of the Government of Canada and to provide for the proactive publication of certain information Short Title 1 Short title Purpose of Act 2 Purpose of Act Interpretation 3 Definitions 3.01 For greater certainty 3.1 For greater certainty Designation 3.2 Power to designate Minister PART 1 Access to Government Records Access Right of Access 4 Right to access to records Information about Government Institutions 5 Publication on government institutions Requests for Access 6 Request for access to record 6.1 Reasons for declining to act on request Notice where access requested Transfer of request Extension of time limits Where access is refused Application fee Access Given 12 Access to record Current to June 20, 2022 Last amended on June 9, 2022 ii Access to Information TABLE OF PROVISIONS Exemptions Responsibilities of Government 13 Information obtained in confidence Federal-provincial affairs International affairs and defence Law enforcement and investigations 16.1 Records relating to investigations, examinations and audits 16.2 Records relating to investigations 16.3 Investigations, examinations and reviews under the Canada Elections Act 16.4 Public Sector Integrity Commissioner 16.5 Public Servants Disclosure Protection Act 16.6 Secretariat of National Security and Intelligence Committee of Parliamentarians Safety of individuals Economic interests of Canada 18.1 Economic interests of certain government institutions Personal Information 19 Personal information Third Party Information 20 Third party information 20.1 Public Sector Pension Investment Board 20.2 Canada Pension Plan Investment Board 20.4 National Arts Centre Corporation Operations of Government 21 Advice, etc. Testing procedures, tests and audits 22.1 Internal audits Protected information — solicitors, advocates and notaries 23.1 Protected information — patents and trademarks Statutory Prohibitions 24 Statutory prohibitions against disclosure Severability Refusal of Access 26 Refusal of access if information to be published Current to June 20, 2022 Last amended on June 9, 2022 iv Access to Information TABLE OF PROVISIONS Third Party Intervention 27 Notice to third parties Representations of third party and decision Complaints 30 Receipt and investigation of complaints Written complaint Investigations 32 Notice of intention to investigate Notice to third parties Regulation of procedure Investigations in private Powers of Information Commissioner in carrying out investigations Orders and Reports 36.1 Power to make order 36.2 Consulting Privacy Commissioner 36.3 Notice to third parties Information Commissioner’s initial report to government institution Reports to Parliament 38 Annual report Special reports Transmission of reports Review by the Federal Court 41 Review by Federal Court — complainant 41.1 Operation of order stayed 41.2 Parties to review Information Commissioner may appear Service on head of government institution Third party may apply for review 44.1 De novo review Hearing in summary way Access to records Court to take precautions against disclosing Burden of proof — subsection 41(1) or (2) Order of Court where no authorization to refuse disclosure found Order of Court where reasonable grounds of injury not found Current to June 20, 2022 Last amended on June 9, 2022 v Access to Information TABLE OF PROVISIONS 50.1 Order of Court if authorization to refuse disclosure found 50.2 Order of Court — other decisions or actions 50.3 Incompatible provisions 50.4 Court to specify rescinded provisions Order of Court not to disclose record Applications relating to international affairs or defence Costs Office of the Information Commissioner Information Commissioner 54 Appointment Rank, powers and duties generally Assistant Information Commissioner 56 Appointment of Assistant Information Commissioner Duties generally Staff 58 Staff of the Information Commissioner Delegation 59 Delegation by Information Commissioner General 60 Principal office Security requirements Confidentiality Disclosure authorized Information not to be disclosed No summons Protection of Information Commissioner Offences 67 Obstruction 67.1 Obstructing right of access Exclusions 68 Part 1 does not apply to certain materials 68.1 Canadian Broadcasting Corporation 68.2 Atomic Energy of Canada Limited Confidences of the Queen’s Privy Council for Canada 69.1 Certificate under Canada Evidence Act Designated Minister’s Duties and Functions 70 Duties and functions of designated Minister Current to June 20, 2022 Last amended on June 9, 2022 v Access to Information TABLE OF PROVISIONS Regulations 71 Governor in Council PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Interpretation 71.01 Definition of quarter Senators 71.02 Travel expenses 71.03 Hospitality expenses 71.04 Contracts Members of the House of Commons 71.05 Travel expenses 71.06 Hospitality expenses 71.07 Contracts Parliamentary Entities 71.08 Definition of head of a parliamentary entity 71.09 Travel expenses 71.1 Hospitality expenses 71.11 Contracts over $10,000 Parliamentary Privilege and Security of Persons, Infrastructure and Goods 71.12 Parliamentary privilege 71.13 Security of persons, infrastructure and goods 71.14 Final decision Ministers 72 Definitions Mandate letters Briefing materials Travel expenses Hospitality expenses Contracts over $10,000 Expense reports Form of publications Publication not required Current to June 20, 2022 Last amended on June 9, 2022 vi Access to Information TABLE OF PROVISIONS Government Institutions 81 Definitions Travel expenses Hospitality expenses Reports tabled in Parliament Reclassification of positions Contracts over $10,000 Grants and contributions over $25,000 Briefing materials Form of publications Publication not required Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Interpretation 90.01 Definitions Office of the Registrar of the Supreme Court of Canada 90.02 Definitions 90.03 Travel expenses — Registrar and Deputy Registrar 90.04 Hospitality expenses — Registrar and Deputy Registrar 90.05 Contracts over $10,000 90.06 Incidental expenditures — judges 90.07 Representational allowances — judges 90.08 Travel allowances — judges 90.09 Conference allowances — judges Courts Administration Service 90.1 Definition of Service 90.11 Travel expenses — Chief Administrator and deputies 90.12 Hospitality expenses — Chief Administrator and deputies 90.13 Contracts over $10,000 Office of the Commissioner for Federal Judicial Affairs 90.14 Definitions 90.15 Travel expenses — Commissioner and deputies Current to June 20, 2022 Last amended on June 9, 2022 vi Access to Information TABLE OF PROVISIONS 90.16 Hospitality expenses — Commissioner and deputies 90.17 Contracts over $10,000 90.18 Incidental expenditures — judges 90.19 Representational allowances — judges 90.2 Travel allowances — judges 90.21 Conference allowances — judges Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council 90.22 Judicial independence 90.23 Protected information and security 90.24 Final decision General 91 Information Commissioner PART 3 General 92 Designated Minister’s power Five-year review Annual report — government institutions Delegation by head of government institution Provision of services related to access to information Records not under control of institution Protection from civil proceeding or from prosecution — Part 1 Permanent review of Act by Parliamentary committee 99.1 Review and report Binding on Crown Regulations SCHEDULE I Government Institutions SCHEDULE II Current to June 20, 2022 Last amended on June 9, 2022 ix R.S.C., 1985, c. A-1 An Act to extend the present laws of Canada that provide access to information under the control of the Government of Canada and to provide for the proactive publication of certain information Short Title Short title 1 This Act may be cited as the Access to Information Act. 1980-81-82-83, c. 111, Sch. I “1”. Purpose of Act Purpose of Act 2 (1) The purpose of this Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. Specific purposes of Parts 1 and 2 (2) In furtherance of that purpose, (a) Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government; and (b) Part 2 sets out requirements for the proactive publication of information. Complementary procedures (3) This Act is also intended to complement and not replace existing procedures for access to government Current to June 20, 2022 Last amended on June 9, 2022 Access to Information Purpose of Act Sections 2-3 information and is not intended to limit in any way access to the type of government information that is normally available to the general public. R.S., 1985, c. A-1, s. 2; 2019, c. 18, s. 2. Interpretation Definitions 3 In this Act, alternative format, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; (support de substitution) business day means a day other than (a) a Saturday; (b) a Sunday or other holiday; and (c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable) Court means the Federal Court; (Cour) designated Minister means a person who is designated as the Minister under subsection 3.2(1); (ministre désigné) foreign state means any state other than Canada; (État étranger) government institution means (a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and (b) any parent Crown corporation, and any whollyowned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; (institution fédérale) head, in respect of a government institution, means (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale) Current to June 20, 2022 Last amended on June 9, 2022 Access to Information Interpretation Sections 3-3.2 Information Commissioner means the Commissioner appointed under section 54; (Commissaire à l’information) personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels) record means any documentary material, regardless of medium or form; (document) sensory disability means a disability that relates to sight or hearing; (déficience sensorielle) third party, in respect of a request for access to a record under Part 1, means any person, group of persons or organization other than the person that made the request or a government institution. (tiers) R.S., 1985, c. A-1, s. 3; 1992, c. 21, s. 1; 2002, c. 8, s. 183; 2006, c. 9, s. 141; 2019, c. 18, s. 3. For greater certainty 3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act. For greater certainty (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act. 2006, c. 9, s. 142. For greater certainty 3.1 For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality. 2006, c. 9, s. 142. Designation Power to designate Minister 3.2 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information Designation Sections 3.2-4 Power to designate head (2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act. 2006, c. 9, s. 142. PART 1 Access to Government Records Access Right of Access Right to access to records 4 (1) Subject to this Part, but notwithstanding any other Act of Parliament, every person who is (a) a Canadian citizen, or (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has a right to and shall, on request, be given access to any record under the control of a government institution. Extension of right by order (2) The Governor in Council may, by order, extend the right to be given access to records under subsection (1) to include persons not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate. Responsibility of government institutions (2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested. Records produced from machine readable records (3) For the purposes of this Part, any record requested under this Part that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Right of Access Sections 4-5 hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution. R.S., 1985, c. A-1, s. 4; 1992, c. 1, s. 144(F); 2001, c. 27, s. 202; 2006, c. 9, s. 143; 2019, c. 18, s. 39. Information about Government Institutions Publication on government institutions 5 (1) The designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containing (a) a description of the organization and responsibilities of each government institution, including details on the programs and functions of each division or branch of each government institution; (b) a description of all classes of records under the control of each government institution in sufficient detail to facilitate the exercise of the right of access under this Part; (c) a description of all manuals used by employees of each government institution in administering or carrying out any of the programs or activities of the government institution; and (d) the title and address of the appropriate officer for each government institution to whom requests for access to records under this Part should be sent. Bulletin (2) The designated Minister shall cause to be published, at least twice each year, a bulletin to bring the material contained in the publication published under subsection (1) up to date and to provide to the public other useful information relating to the operation of this Act. Descriptions in publication and bulletins (3) Any description that is required to be included in the publication or bulletins published under subsection (1) or (2) may be formulated in such a manner that the description does not itself constitute information on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part. Publication and bulletin to be made available (4) The designated Minister shall cause the publication referred to in subsection (1) and the bulletin referred to Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Information about Government Institutions Sections 5-6.1 in subsection (2) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access thereto. R.S., 1985, c. A-1, s. 5; 2019, c. 18, s. 41(E). Requests for Access Request for access to record 6 A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort. R.S., 1985, c. A-1, s. 6; 2019, c. 18, s. 6(E). Reasons for declining to act on request 6.1 (1) With the Information Commissioner’s written approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records. Limitation (1.1) The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2. Time limit suspended (1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing. Notice — suspension (1.3) The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act. Notice — end of suspension (1.4) If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Requests for Access Sections 6.1-8 receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2). Notice (2) If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so. 2019, c. 18, s. 6.1. Notice where access requested 7 Where access to a record is requested under this Part, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received, (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and (b) if access is to be given, give the person who made the request access to the record or part thereof. R.S., 1985, c. A-1, s. 7; 2019, c. 18, s. 6.2; 2019, c. 18, s. 41(E). Transfer of request 8 (1) Where a government institution receives a request for access to a record under this Part and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request. Deeming provision (2) For the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it. Meaning of greater interest (3) For the purpose of subsection (1), a government institution has a greater interest in a record if (a) the record was originally produced in or for the institution; or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Requests for Access Sections 8-10 (b) in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof. R.S., 1985, c. A-1, s. 8; 2019, c. 18, s. 41(E). Extension of time limits 9 (1) The head of a government institution may extend the time limit set out in section 7 or subsection 8(1) in respect of a request under this Part for a reasonable period of time, having regard to the circumstances, if (a) the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution, (b) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or (c) notice of the request is given pursuant to subsection 27(1) by giving notice of the extension and, in the circumstances set out in paragraph (a) or (b), the length of the extension, to the person who made the request within thirty days after the request is received, which notice shall contain a statement that the person has a right to make a complaint to the Information Commissioner about the extension. Notice of extension to Information Commissioner (2) Where the head of a government institution extends a time limit under subsection (1) for more than thirty days, the head of the institution shall give notice of the extension to the Information Commissioner at the same time as notice is given under subsection (1). R.S., 1985, c. A-1, s. 9; 2019, c. 18, s. 41(E). Where access is refused 10 (1) Where the head of a government institution refuses to give access to a record requested under this Part or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a) (a) that the record does not exist, or (b) the specific provision of this Part on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed, Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Requests for Access Sections 10-12 and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal. Existence of a record not required to be disclosed (2) The head of a government institution may but is not required to indicate under subsection (1) whether a record exists. Deemed refusal to give access (3) Where the head of a government institution fails to give access to a record requested under this Part or a part thereof within the time limits set out in this Part, the head of the institution shall, for the purposes of this Part, be deemed to have refused to give access. R.S., 1985, c. A-1, s. 10; 2019, c. 18, s. 39. Application fee 11 (1) Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation. Waiver (2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section. R.S., 1985, c. A-1, s. 11; 1992, c. 21, s. 2; 2019, c. 18, s. 7. Access Given Access to record 12 (1) A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof. Language of access (2) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language (a) forthwith, if the record or part thereof already exists under the control of a government institution in that language; or (b) within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Access Access Given Sections 12-13 Access to record in alternative format (3) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format (a) forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or (b) within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted. R.S., 1985, c. A-1, s. 12; R.S., 1985, c. 31 (4th Supp.), s. 100(E); 1992, c. 21, s. 3; 2019, c. 18, s. 41(E). Exemptions Responsibilities of Government Information obtained in confidence 13 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained in confidence from (a) the government of a foreign state or an institution thereof; (b) an international organization of states or an institution thereof; (c) the government of a province or an institution thereof; (d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or (e) an aboriginal government. Where disclosure authorized (2) The head of a government institution may disclose any record requested under this Part that contains information described in subsection (1) if the government, organization or institution from which the information was obtained Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Section 13 (a) consents to the disclosure; or (b) makes the information public. Definition of aboriginal government (3) The expression aboriginal government in paragraph (1)(e) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; (b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; (c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act; (d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act; (e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act; (e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act; (f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act; (f.1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act; (g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act; (h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act; or (i) the council of a participating First Nation, as defined in section 2 of the Anishinabek Nation Education Agreement Act. R.S., 1985, c. A-1, s. 13; 2000, c. 7, s. 21; 2004, c. 17, s. 16; 2005, c. 1, ss. 97, 107, c. 27, ss. 16, 22; 2006, c. 10, s. 32; 2008, c. 32, s. 26; 2009, c. 18, s. 20; 2014, c. 1, s. 18, c. 11, s. 21; 2017, c. 32, s. 17; 2018, c. 4, s. 127; 2019, c. 18, s. 41(E). Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 13-15 Federal-provincial affairs 14 The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs, including, without restricting the generality of the foregoing, any such information (a) on federal-provincial consultations or deliberations; or (b) on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs. R.S., 1985, c. A-1, s. 14; 2019, c. 18, s. 41(E). International affairs and defence 15 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information (a) relating to military tactics or strategy, or relating to military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention or suppression of subversive or hostile activities; (b) relating to the quantity, characteristics, capabilities or deployment of weapons or other defence equipment or of anything being designed, developed, produced or considered for use as weapons or other defence equipment; (c) relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities; (d) obtained or prepared for the purpose of intelligence relating to (i) the defence of Canada or any state allied or associated with Canada, or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Section 15 (ii) the detection, prevention or suppression of subversive or hostile activities; (e) obtained or prepared for the purpose of intelligence respecting foreign states, international organizations of states or citizens of foreign states used by the Government of Canada in the process of deliberation and consultation or in the conduct of international affairs; (f) on methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (d) or (e) or on sources of such information; (g) on the positions adopted or to be adopted by the Government of Canada, governments of foreign states or international organizations of states for the purpose of present or future international negotiations; (h) that constitutes diplomatic correspondence exchanged with foreign states or international organizations of states or official correspondence exchanged with Canadian diplomatic missions or consular posts abroad; or (i) relating to the communications or cryptographic systems of Canada or foreign states used (i) for the conduct of international affairs, (ii) for the defence of Canada or any state allied or associated with Canada, or (iii) in relation to the detection, prevention or suppression of subversive or hostile activities. Definitions (2) In this section, defence of Canada or any state allied or associated with Canada includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada; (défense du Canada ou d’États alliés ou associés avec le Canada) subversive or hostile activities means (a) espionage against Canada or any state allied or associated with Canada, (b) sabotage, Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 15-16 (c) activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states, (d) activities directed toward accomplishing government change within Canada or foreign states by the use of or the encouragement of the use of force, violence or any criminal means, (e) activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and (f) activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada. (activités hostiles ou subversives) R.S., 1985, c. A-1, s. 15; 2019, c. 18, s. 41(E). Law enforcement and investigations 16 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains (a) information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to (i) the detection, prevention or suppression of crime, (ii) the enforcement of any law of Canada or a province, or (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act, if the record came into existence less than twenty years prior to the request; (b) information relating to investigative techniques or plans for specific lawful investigations; (c) information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Section 16 (i) relating to the existence or nature of a particular investigation, (ii) that would reveal the identity of a confidential source of information, or (iii) that was obtained or prepared in the course of an investigation; or (d) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions. Security (2) The head of a government institution may refuse to disclose any record requested under this Part that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information (a) on criminal methods or techniques; (b) that is technical information relating to weapons or potential weapons; or (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems. Policing services for provinces or municipalities (3) The head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality agreed not to disclose such information. Definition of investigation (4) For the purposes of paragraphs (1)(b) and (c), investigation means an investigation that (a) pertains to the administration or enforcement of an Act of Parliament; (b) is authorized by or pursuant to an Act of Parliament; or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 16-16.2 (c) is within a class of investigations specified in the regulations. R.S., 1985, c. A-1, s. 16; 2019, c. 18, s. 41(E). Records relating to investigations, examinations and audits 16.1 (1) The following heads of government institutions shall refuse to disclose any record requested under this Part that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority: (a) the Auditor General of Canada; (b) the Commissioner of Official Languages for Canada; (c) the Information Commissioner; and (d) the Privacy Commissioner. Exception (2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded. 2006, c. 9, s. 144; 2019, c. 18, s. 41(E). Records relating to investigations 16.2 (1) The Commissioner of Lobbying shall refuse to disclose any record requested under this Part that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by or under the authority of the Commissioner. Exception (2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded. 2006, c. 9, s. 89; 2019, c. 18, s. 41(E). Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 16.3-16.6 Investigations, examinations and reviews under the Canada Elections Act 16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose any record requested under this Part that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act. 2006, c. 9, s. 145; 2018, c. 31, s. 400(E). 16.31 [Repealed, 2018, c. 31, s. 391] Public Sector Integrity Commissioner 16.4 (1) The Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Part that contains information (a) obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act; or (b) received by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act. Exception (2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed. 2005, c. 46, s. 55; 2006, c. 9, s. 221; 2019, c. 18, s. 41(E). Public Servants Disclosure Protection Act 16.5 The head of a government institution shall refuse to disclose any record requested under this Part that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act. 2005, c. 46, s. 55; 2006, c. 9, s. 221; 2019, c. 18, s. 41(E). Secretariat of National Security and Intelligence Committee of Parliamentarians 16.6 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Part that contains information obtained or created by it or on its behalf in Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 16.6-18 the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate. 2017, c. 15, s. 35; 2019, c. 18, s. 41(E). Safety of individuals 17 The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals. R.S., 1985, c. A-1, s. 17; 2019, c. 18, s. 41(E). Economic interests of Canada 18 The head of a government institution may refuse to disclose any record requested under this Part that contains (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value; (b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or to interfere with contractual or other negotiations of a government institution; (c) scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication; or (d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to (i) the currency, coinage or legal tender of Canada, (ii) a contemplated change in the rate of bank interest or in government borrowing, (iii) a contemplated change in tariff rates, taxes, duties or any other revenue source, (iv) a contemplated change in the conditions of operation of financial institutions, (v) a contemplated sale or purchase of securities or of foreign or Canadian currency, or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Responsibilities of Government Sections 18-19 (vi) a contemplated sale or acquisition of land or property. R.S., 1985, c. A-1, s. 18; 2006, c. 9, s. 146; 2019, c. 18, s. 41(E). Economic interests of certain government institutions 18.1 (1) The head of a government institution may refuse to disclose a record requested under this Part that contains trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by, (a) the Canada Post Corporation; (b) Export Development Canada; (c) the Public Sector Pension Investment Board; or (d) VIA Rail Canada Inc. Exceptions (2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to (a) the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or (b) any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament. 2006, c. 9, s. 147; 2019, c. 18, s. 41(E). Personal Information Personal information 19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains personal information. Where disclosure authorized (2) The head of a government institution may disclose any record requested under this Part that contains personal information if (a) the individual to whom it relates consents to the disclosure; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Personal Information Sections 19-20 (b) the information is publicly available; or (c) the disclosure is in accordance with section 8 of the Privacy Act. R.S., 1985, c. A-1, s. 19; 2019, c. 18, s. 9; 2019, c. 18, s. 41(E). Third Party Information Third party information 20 (1) Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Part that contains (a) trade secrets of a third party; (b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party; (b.1) information that is supplied in confidence to a government institution by a third party for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management Act and that concerns the vulnerability of the third party’s buildings or other structures, its networks or systems, including its computer or communications networks or systems, or the methods used to protect any of those buildings, structures, networks or systems; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party. Product or environmental testing (2) The head of a government institution shall not, pursuant to subsection (1), refuse to disclose a part of a record if that part contains the results of product or environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons or an organization other than a government institution and for a fee. Methods used in testing (3) Where the head of a government institution discloses a record requested under this Part, or a part thereof, that Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Third Party Information Sections 20-20.2 contains the results of product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide the person who requested the record with a written explanation of the methods used in conducting the tests. Preliminary testing (4) For the purposes of this section, the results of product or environmental testing do not include the results of preliminary testing conducted for the purpose of developing methods of testing. Disclosure if a supplier consents (5) The head of a government institution may disclose any record that contains information described in subsection (1) with the consent of the third party to whom the information relates. Disclosure authorized if in public interest (6) The head of a government institution may disclose all or part of a record requested under this Part that contains information described in any of paragraphs (1)(b) to (d) if (a) the disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position or any interference with its contractual or other negotiations. R.S., 1985, c. A-1, s. 20; 2007, c. 15, s. 8; 2019, c. 18, s. 41(E). Public Sector Pension Investment Board 20.1 The head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential. 2006, c. 9, s. 148; 2019, c. 18, s. 41(E). Canada Pension Plan Investment Board 20.2 The head of the Canada Pension Plan Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Third Party Information Sections 20.2-21 from a third party if the Board has consistently treated the advice or information as confidential. 2006, c. 9, s. 148; 2019, c. 18, s. 41(E). National Arts Centre Corporation 20.4 The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Part if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential. 2006, c. 9, s. 148; 2019, c. 18, s. 41(E). Operations of Government Advice, etc. 21 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains (a) advice or recommendations developed by or for a government institution or a minister of the Crown, (b) an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate, (c) positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada and considerations relating thereto, or (d) plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation, if the record came into existence less than twenty years prior to the request. Exercise of a discretionary power or an adjudicative function (2) Subsection (1) does not apply in respect of a record that contains (a) an account of, or a statement of reasons for, a decision that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of a person; or (b) a report prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Operations of Government Sections 21-23.1 minister of the Crown at the time the report was prepared. R.S., 1985, c. A-1, s. 21; 2006, c. 9, s. 149; 2019, c. 18, s. 41(E). Testing procedures, tests and audits 22 The head of a government institution may refuse to disclose any record requested under this Part that contains information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits. R.S., 1985, c. A-1, s. 22; 2019, c. 18, s. 41(E). Internal audits 22.1 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than fifteen years before the request was made. Exception (2) However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced. 2006, c. 9, s. 150; 2019, c. 18, s. 41(E). Protected information — solicitors, advocates and notaries 23 The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. R.S., 1985, c. A-1, s. 23; 2019, c. 18, s. 10. Protected information — patents and trademarks 23.1 The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act. 2018, c. 27, s. 273; 2014, c. 20, s. 366(E); 2018, c. 27, s. 277(E). Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exemptions Statutory Prohibitions Sections 24-27 Statutory Prohibitions Statutory prohibitions against disclosure 24 (1) The head of a government institution shall refuse to disclose any record requested under this Part that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II. (2) [Repealed, 2019, c. 18, s. 11] R.S., 1985, c. A-1, s. 24; 2019, c. 18, s. 11; 2019, c. 18, s. 41(E). Severability 25 Notwithstanding any other provision of this Part, where a request is made to a government institution for access to a record that the head of the institution is authorized to refuse to disclose under this Part by reason of information or other material contained in the record, the head of the institution shall disclose any part of the record that does not contain, and can reasonably be severed from any part that contains, any such information or material. R.S., 1985, c. A-1, s. 25; 2019, c. 18, s. 39. Refusal of Access Refusal of access if information to be published 26 The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it. R.S., 1985, c. A-1, s. 26; 2019, c. 18, s. 11.1. Third Party Intervention Notice to third parties 27 (1) If the head of a government institution intends to disclose a record requested under this Part that contains or that the head has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party, or information the disclosure of which the head can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the head shall make every reasonable effort to give the third Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Third Party Intervention Sections 27-28 party written notice of the request and of the head’s intention to disclose within 30 days after the request is received. Waiver of notice (2) Any third party to whom a notice is required to be given under subsection (1) in respect of an intended disclosure may waive the requirement, and where the third party has consented to the disclosure the third party shall be deemed to have waived the requirement. Contents of notice (3) A notice given under subsection (1) shall include (a) a statement that the head of the government institution giving the notice intends to release a record or a part thereof that might contain material or information described in subsection (1); (b) a description of the contents of the record or part thereof that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and (c) a statement that the third party may, within twenty days after the notice is given, make representations to the head of the government institution that has control of the record as to why the record or part thereof should not be disclosed. Extension of time limit (4) The head of a government institution may extend the time limit set out in subsection (1) in respect of a request under this Part where the time limit set out in section 7 is extended under paragraph 9(1)(a) or (b) in respect of the same request, but any extension under this subsection shall be for a period no longer than the period of the extension under section 9. R.S., 1985, c. A-1, s. 27; 2007, c. 15, s. 9; 2019, c. 18, s. 41(E). Representations of third party and decision 28 (1) Where a notice is given by the head of a government institution under subsection 27(1) to a third party in respect of a record or a part thereof, (a) the third party shall, within twenty days after the notice is given, be given the opportunity to make representations to the head of the institution as to why the record or the part thereof should not be disclosed; and (b) the head of the institution shall, within thirty days after the notice is given, if the third party has been given an opportunity to make representations under paragraph (a), make a decision as to whether or not to Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Third Party Intervention Sections 28-30 disclose the record or the part thereof and give written notice of the decision to the third party. Representations to be made in writing (2) Representations made by a third party under paragraph (1)(a) shall be made in writing unless the head of the government institution concerned waives that requirement, in which case they may be made orally. Contents of notice of decision to disclose (3) A notice given under paragraph (1)(b) of a decision to disclose a record requested under this Part or a part thereof shall include (a) a statement that the third party to whom the notice is given is entitled to request a review of the decision under section 44 within twenty days after the notice is given; and (b) a statement that the person who requested access to the record will be given access thereto or to the part thereof unless, within twenty days after the notice is given, a review of the decision is requested under section 44. Disclosure of record (4) Where, pursuant to paragraph (1)(b), the head of a government institution decides to disclose a record requested under this Part or a part thereof, the head of the institution shall give the person who made the request access to the record or the part thereof forthwith on completion of twenty days after a notice is given under that paragraph, unless a review of the decision is requested under section 44. R.S., 1985, c. A-1, s. 28; 2019, c. 18, s. 41(E). 29 [Repealed, 2019, c. 18, s. 12] Complaints Receipt and investigation of complaints 30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints (a) from persons who have been refused access to a record requested under this Part or a part thereof; (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Complaints Section 30 (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable; (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate; (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate; (e) in respect of any publication or bulletin referred to in section 5; or (f) in respect of any other matter relating to requesting or obtaining access to records under this Part. Complaints submitted on behalf of complainants (2) Nothing in this Part precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. Information Commissioner may initiate complaint (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof. Reasons for refusing or ceasing to investigate (4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion, (a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Complaints Sections 30-33 Notice (5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to (a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint; (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32; (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and (d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2. R.S., 1985, c. A-1, s. 30; 1992, c. 21, s. 4; 2019, c. 18, s. 13; 2019, c. 18, s. 39. Written complaint 31 A complaint under this Part shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist. R.S., 1985, c. A-1, s. 31; 2006, c. 9, s. 151; 2019, c. 18, s. 41(E). Investigations Notice of intention to investigate 32 Before commencing an investigation of a complaint under this Part, the Information Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint. R.S., 1985, c. A-1, s. 32; 2019, c. 18, s. 39. Notice to third parties 33 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof and receives a notice under section 32 of a complaint in respect of the refusal, the head of the institution shall forthwith advise the Information Commissioner of any third party that the head of the institution has notified under subsection 27(1) in respect of the request or would have notified under that subsection if the head of Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Investigations Sections 33-35 the institution had intended to disclose the record or part thereof. R.S., 1985, c. A-1, s. 33; 2019, c. 18, s. 41(E). Regulation of procedure 34 Subject to this Part, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Part. R.S., 1985, c. A-1, s. 34; 2019, c. 18, s. 39. Investigations in private 35 (1) Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private. Right to make representations (2) In the course of an investigation of a complaint under this Part by the Information Commissioner, a reasonable opportunity to make representations shall be given to (a) the person who made the complaint, (b) the head of the government institution concerned, (c) a third party if (i) the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and (ii) the third party can reasonably be located, and (d) the Privacy Commissioner, if the Information Commissioner consults him or her under subsection 36(1.1) or section 36.2. However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person. R.S., 1985, c. A-1, s. 35; 2006, c. 9, s. 152(F); 2007, c. 15, ss. 10, 12(F); 2019, c. 18, s. 14; 2019, c. 18, s. 41(E). Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Investigations Section 36 Powers of Information Commissioner in carrying out investigations 36 (1) The Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Part, power (a) to summon and enforce the appearance of persons before the Information Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Information Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; (d) to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises; (e) to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Information Commissioner under this Part as the Commissioner sees fit; and (f) to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation. For greater certainty (1.1) For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information. Access to records (2) Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Information Commissioner may, during the investigation of any complaint under this Part, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Investigations Section 36 Protected information — solicitors, advocates and notaries (2.1) The Information Commissioner may examine a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the record under section 23. For greater certainty (2.2) For greater certainty, the disclosure by the head of a government institution to the Information Commissioner of a record that contains 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 professional secrecy. Evidence in other proceedings (3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, in a prosecution for an offence under section 67, in a review before the Court under this Part or in an appeal from such proceedings, evidence given by a person in proceedings under this Part and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings. Witness fees (4) Any person summoned to appear before the Information Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. Return of documents, etc. (5) Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Information Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. R.S., 1985, c. A-1, s. 36; R.S., 1985, c. 27 (1st Supp.), s. 187; 2006, c. 9, s. 153; 2019, c. 18, s. 15; 2019, c. 18, s. 39. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Orders and Reports Sections 36.1-36.2 Orders and Reports Power to make order 36.1 (1) If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made (a) to disclose the record or a part of the record; and (b) to reconsider their decision to refuse access to the record or a part of the record. Limitation (2) The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3). Condition (3) The order may include any condition that the Information Commissioner considers appropriate. Effect (4) The order takes effect on (a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or (b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report. Deemed date of receipt (5) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report. 2019, c. 18, s. 16. Consulting Privacy Commissioner 36.2 If the Information Commissioner intends to make an order requiring the head of a government institution Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Orders and Reports Sections 36.2-37 to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information. 2019, c. 18, s. 16. Notice to third parties 36.3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention. Contents of notice (2) The notice must include (a) a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1); (b) a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and (c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed. 2019, c. 18, s. 16. Information Commissioner’s initial report to government institution 37 (1) If, on investigating a complaint under this Part, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution concerned with a report that sets out (a) the findings of the investigation and any recommendations that the Commissioner considers appropriate; (b) any order that the Commissioner intends to make; and Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Orders and Reports Section 37 (c) the period within which the head of the government institution shall give notice to the Commissioner of the action taken or proposed to be taken to implement the order or recommendations set out in the report or reasons why no such action has been or is proposed to be taken. Final report to complainant, government institution and other persons (2) The Information Commissioner shall, after investigating a complaint under this Part, provide a report that sets out the results of the investigation and any order or recommendations that he or she makes to (a) the complainant; (b) the head of the government institution; (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and (d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint. However, no report is to be made under this subsection and no order is to be made until the expiry of the time within which the notice referred to in paragraph (1)(c) is to be given to the Information Commissioner. Contents of report (3) The Information Commissioner may include in the report referred to in subsection (2) any comments on the matter that he or she thinks fit and shall include in that report (a) a summary of any notice that he or she receives under paragraph (1)(c); (b) a statement that any person to whom the report is provided has the right to apply for a review under section 41, within the period specified for exercising that right, and that the person must comply with section 43 if they exercise that right; (c) a statement that if no person applies for a review within the period specified for doing so, any order set out in the report takes effect in accordance with subsection 36.1(4); and (d) a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Orders and Reports Sections 37-39 Publication (3.1) The Information Commissioner may publish the report referred to in subsection (2). Limitation (3.2) However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41. Access to be given (4) If the head of a government institution gives notice to the Information Commissioner under paragraph (1)(c) that access to a record or a part of a record will be given to a complainant, the head of the institution shall give the complainant access to the record or the part of the record (a) on receiving the report under subsection (2) or within any period specified in the Commissioner’s order, if only the complainant and the head of the institution are provided with the report; or (b) on the expiry of the 40th business day after the day on which the head of the government institution receives the report under subsection (2) or within any period specified in the Commissioner’s order that begins on the expiry of that 40th business day, if a third party or the Privacy Commissioner are also provided with the report, unless a review is applied for under section 41. Deemed date of receipt (5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report. R.S., 1985, c. A-1, s. 37; 2019, c. 18, s. 17. Reports to Parliament Annual report 38 The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year. 1980-81-82-83, c. 111, Sch. I “38”. Special reports 39 (1) The Information Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Reports to Parliament Sections 39-41 powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38. Where investigation made (2) Any report made pursuant to subsection (1) that relates to an investigation under this Part shall be made only after the procedures set out in section 37 have been followed in respect of the investigation. R.S., 1985, c. A-1, s. 39; 2019, c. 18, s. 41(E). Transmission of reports 40 (1) Every report to Parliament made by the Information Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses. Reference to Parliamentary committee (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling under that subsection, be referred to the committee designated or established by Parliament for the purpose of section 99. R.S., 1985, c. A-1, s. 40; 2019, c. 18, s. 18. Review by the Federal Court Review by Federal Court — complainant 41 (1) A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint. Review by Federal Court — government institution (2) The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report. Review by Federal Court — third parties (3) If neither the person who made the complaint nor the head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 41-41.2 period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made. Review by Federal Court — Privacy Commissioner (4) If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made. Respondents (5) The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings. Deemed date of receipt (6) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report. R.S., 1985, c. A-1, s. 41; 2019, c. 18, s. 19. Operation of order stayed 41.1 (1) Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application until the proceedings are finally concluded. Part of order operative (2) If all of the persons who received the report agree in writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative. 2019, c. 18, s. 19. Parties to review 41.2 (1) If a person who receives a report under subsection 37(2) applies to the Court for a review under section Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 41.2-43 41, any other person who received the report under that subsection has the right to appear as a party to the review. Scope of proceedings (2) If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41. Burden of proof – party (3) If a third party or the Privacy Commissioner raises a matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter. 2019, c. 18, s. 19. Information Commissioner may appear 42 The Information Commissioner may (a) appear before the Court on behalf of a complainant; or (b) appear as a party to any review applied for under section 41 or, with leave of the Court, as a party to any review applied for under section 44. R.S., 1985, c. A-1, s. 42; 2019, c. 18, s. 19. Service on head of government institution 43 (1) If a complainant, a third party or the Privacy Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the government institution who received the report under subsection 37(2). Service or notice (2) If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 43-46 those persons or the Commissioner has already been served with a copy of the document. R.S., 1985, c. A-1, s. 43; 1992, c. 1, s. 144(F); 2019, c. 18, s. 19. Third party may apply for review 44 (1) Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within 20 days after the notice is given, apply to the Court for a review of the matter. Notice to person who requested record (2) The head of a government institution who has given notice under paragraph 28(1)(b) that a record requested under this Part or a part of such a record will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record. Person who requested access may appear as party (3) Any person who has been given notice of an application for a review under subsection (2) may appear as a party to the review. R.S., 1985, c. A-1, s. 44; R.S., 1985, c. 1 (4th Supp.), s. 45(F); 2019, c. 18, s. 20. De novo review 44.1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding. 2019, c. 18, s. 21. Hearing in summary way 45 An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act. R.S., 1985, c. A-1, s. 45; 2002, c. 8, s. 182; 2019, c. 18, s. 21. Access to records 46 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds. R.S., 1985, c. A-1, s. 46; 2019, c. 18, s. 22. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 47-49 Court to take precautions against disclosing 47 (1) In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of (a) any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or (b) any information as to whether a record exists where the head of a government institution, in refusing to disclose the record under this Part, does not indicate whether it exists. Disclosure of offence authorized (2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence. R.S., 1985, c. A-1, s. 47; 2006, c. 9, s. 154; 2019, c. 18, s. 23; 2019, c. 18, s. 39; 2019, c. 18, s. 41(E). Burden of proof — subsection 41(1) or (2) 48 (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned. Burden of proof — subsection 41(3) or (4) (2) In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application. R.S., 1985, c. A-1, s. 48; 2019, c. 18, s. 24. Order of Court where no authorization to refuse disclosure found 49 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of a provision of this Part not referred to in section 50, the Court shall, if it determines that the head of the institution is not authorized to refuse to disclose the record or part thereof, order the head of Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 49-50.2 the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate. R.S., 1985, c. A-1, s. 49; 2019, c. 18, s. 39. Order of Court where reasonable grounds of injury not found 50 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate. R.S., 1985, c. A-1, s. 50; 2019, c. 18, s. 41(E). Order of Court if authorization to refuse disclosure found 50.1 The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate. 2019, c. 18, s. 25. Order of Court — other decisions or actions 50.2 If the subject matter of the proceedings before the Court is the decision or action of the head of a government institution, other than a decision or action referred to in any of sections 49 to 50.1, the Court shall, (a) if it determines that the head of the institution is not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or (b) if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 50.2-52 institution is not required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate. 2019, c. 18, s. 25. Incompatible provisions 50.3 An order of the Court made under any of sections 49 to 50.2 has the effect of rescinding the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order. 2019, c. 18, s. 25. Court to specify rescinded provisions 50.4 The Court must specify in any order that it makes under any of sections 49 to 50.2 the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are rescinded under section 50.3. 2019, c. 18, s. 25. Order of Court not to disclose record 51 Where the Court determines, after considering an application under section 44, that the head of a government institution is required to refuse to disclose a record or part of a record, the Court shall order the head of the institution not to disclose the record or part thereof or shall make such other order as the Court deems appropriate. 1980-81-82-83, c. 111, Sch. I “51”. Applications relating to international affairs or defence 52 (1) An application under section 41 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications. Special rules for hearings (2) An application referred to in subsection (1) or an appeal brought in respect of such application shall (a) be heard in camera; and (b) on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Review by the Federal Court Sections 52-54 Ex parte representations (3) During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte. R.S., 1985, c. A-1, s. 52; 2002, c. 8, s. 112; 2019, c. 18, s. 26. Costs 53 (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Part shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise. Costs — important new principle (2) If the Court is of the opinion that an application for review under section 41 has raised an important new principle in relation to this Part, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. R.S., 1985, c. A-1, s. 53; 2019, c. 18, s. 27; 2019, c. 18, s. 41(E). Office of the Information Commissioner Information Commissioner Appointment 54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons. Tenure (2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons. Further terms (3) The Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner Information Commissioner Sections 54-55 Interim appointment (4) In the event of the absence or incapacity of the Information Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. R.S., 1985, c. A-1, s. 54; 2006, c. 9, s. 109. Rank, powers and duties generally 55 (1) The Information Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Information Commissioner under this Part or under any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward. Salary and expenses (2) The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament. Pension benefits (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Information Commissioner, except that a person appointed as Information Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Information Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply. Other benefits (4) The Information Commissioner is 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. R.S., 1985, c. A-1, s. 55; 2002, c. 8, s. 113; 2003, c. 22, ss. 224(E), 225(E); 2019, c. 18, s. 40. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner Assistant Information Commissioner Sections 56-57 Assistant Information Commissioner Appointment of Assistant Information Commissioner 56 (1) The Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners. Tenure of office and removal of Assistant Information Commissioner (2) Subject to this section, an Assistant Information Commissioner holds office during good behaviour for a term not exceeding five years. Further terms (3) An Assistant Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years. 1980-81-82-83, c. 111, Sch. I “56”. Duties generally 57 (1) An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this Part or under any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward. Salary and expenses (2) An Assistant Information Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament as the Information Commissioner considers reasonable. Pension benefits (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Information Commissioner. Other benefits (4) An Assistant Information Commissioner is 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. R.S., 1985, c. A-1, s. 57; 2003, c. 22, s. 224(E); 2019, c. 18, s. 28(E); 2019, c. 18, s. 40. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner Staff Sections 58-59 Staff Staff of the Information Commissioner 58 (1) Such officers and employees as are necessary to enable the Information Commissioner to perform the duties and functions of the Commissioner under this Part or under any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act. Technical assistance (2) The Information Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Part or under any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons. R.S., 1985, c. A-1, s. 58; 2006, c. 9, s. 155(F); 2019, c. 18, s. 40. Delegation Delegation by Information Commissioner 59 (1) Subject to subsection (2), the Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Part or under any other Act of Parliament except (a) in any case other than a delegation to an Assistant Information Commissioner, the power to delegate under this section; and (b) in any case, the powers, duties or functions set out in sections 36.1, 38 and 39. Investigations relating to international affairs and defence (2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations. Delegation by Assistant Information Commissioner (3) An Assistant Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Information Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner Delegation Sections 59-63 Commissioner may specify, any of the powers, duties or functions of the Information Commissioner under this Part or under any other Act of Parliament that the Assistant Information Commissioner is authorized by the Information Commissioner to exercise or perform. R.S., 1985, c. A-1, s. 59; 2006, c. 9, s. 156; 2019, c. 18, s. 29; 2019, c. 18, s. 40. General Principal office 60 The principal office of the Information Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act. 1980-81-82-83, c. 111, Sch. I “60”. Security requirements 61 The Information Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Part or under any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information. R.S., 1985, c. A-1, s. 61; 2019, c. 18, s. 40. Confidentiality 62 Subject to this Part, the Information Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Part. R.S., 1985, c. A-1, s. 62; 2019, c. 18, s. 39. Disclosure authorized 63 (1) The Information Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information (a) that, in the opinion of the Commissioner, is necessary to (i) carry out an investigation under this Part, or (ii) establish the grounds for findings, recommendations and orders set out in any report under this Part; or (b) in the course of a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner General Sections 63-66 Disclosure of offence authorized (2) The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence. R.S., 1985, c. A-1, s. 63; R.S., 1985, c. 27 (1st Supp.), s. 187; 2006, c. 9, s. 157; 2019, c. 18, s. 30; 2019, c. 18, s. 39. Information not to be disclosed 64 In carrying out an investigation under this Part and in any report published under subsection 37(3.1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, (a) any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or (b) any information as to whether a record exists where the head of a government institution, in refusing to give access to the record under this Part, does not indicate whether it exists. R.S., 1985, c. A-1, s. 64; 2019, c. 18, s. 30.1; 2019, c. 18, s. 39; 2019, c. 18, s. 41(E). No summons 65 The Information Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Part during an investigation, in any proceedings other than a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom. R.S., 1985, c. A-1, s. 65; R.S., 1985, c. 27 (1st Supp.), s. 187; 2019, c. 18, s. 39. Protection of Information Commissioner 66 (1) No criminal or civil proceedings lie against the Information Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Office of the Information Commissioner General Sections 66-67.1 exercise or performance of any power, duty or function of the Commissioner under this Part. Libel or slander (2) For the purposes of any law relating to libel or slander, (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Information Commissioner under this Part is privileged; and (b) any report made in good faith by the Information Commissioner under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged. R.S., 1985, c. A-1, s. 66; 2019, c. 18, s. 39. Offences Obstruction 67 (1) No person shall obstruct the Information Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Part. Offence and punishment (2) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars. R.S., 1985, c. A-1, s. 67; 2019, c. 18, s. 39. Obstructing right of access 67.1 (1) No person shall, with intent to deny a right of access under this Part, (a) destroy, mutilate or alter a record; (b) falsify a record or make a false record; (c) conceal a record; or (d) direct, propose, counsel or cause any person in any manner to do anything mentioned in any of paragraphs (a) to (c). Offence and punishment (2) Every person who contravenes subsection (1) is guilty of Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Offences Sections 67.1-68.2 (a) an indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $10,000, or to both; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months or to a fine not exceeding $5,000, or to both. 1999, c. 16, s. 1; 2019, c. 18, s. 39. Exclusions Part 1 does not apply to certain materials 68 This Part does not apply to (a) published material, other than material published under Part 2, or material available for purchase by the public; (b) library or museum material preserved solely for public reference or exhibition purposes; or (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. R.S., 1985, c. A-1, s. 68; R.S., 1985, c. 1 (3rd Supp.), s. 12; 1990, c. 3, s. 32; 1992, c. 1, s. 143(E); 2004, c. 11, s. 22; 2008, c. 9, s. 5; 2010, c. 7, s. 5; 2013, c. 38, s. 11; 2019, c. 18, s. 31. Canadian Broadcasting Corporation 68.1 This Part does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration. 2006, c. 9, s. 159; 2019, c. 18, s. 39. Atomic Energy of Canada Limited 68.2 This Part does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to (a) its general administration; or (b) its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exclusions Sections 68.2-69 Nuclear Safety Commission established under section 8 of that Act. 2006, c. 9, s. 159; 2019, c. 18, s. 39. Confidences of the Queen’s Privy Council for Canada 69 (1) This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, (a) memoranda the purpose of which is to present proposals or recommendations to Council; (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) agenda of Council or records recording deliberations or decisions of Council; (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); (f) draft legislation; and (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f). Definition of Council (2) For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet. Exception (3) Subsection (1) does not apply to (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or (b) discussion papers described in paragraph (1)(b) (i) if the decisions to which the discussion papers relate have been made public, or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Exclusions Sections 69-70 (ii) where the decisions have not been made public, if four years have passed since the decisions were made. R.S., 1985, c. A-1, s. 69; 1992, c. 1, s. 144(F); 2019, c. 18, s. 39. Certificate under Canada Evidence Act 69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information. Certificate following filing of complaint (2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information, (a) all proceedings under this Part in respect of the complaint, including an investigation, appeal or judicial review, are discontinued; (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information. 2001, c. 41, s. 87; 2019, c. 18, s. 39. Designated Minister’s Duties and Functions Duties and functions of designated Minister 70 (1) Subject to subsection (2), the designated Minister shall (a) cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Part and the regulations relating to access to records; (b) prescribe any forms that may be required for the operation of this Part and the regulations made under this Part; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Designated Minister’s Duties and Functions Sections 70-71 (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and (c.1) [Repealed, 2019, c. 18, s. 33] (d) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics. Duties and functions of designated Minister (1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2). Exception for Bank of Canada (2) Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada. R.S., 1985, c. A-1, s. 70; 2006, c. 9, s. 161; 2019, c. 18, s. 33; 2019, c. 18, s. 39. Regulations Governor in Council 71 The Governor in Council may make regulations (a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1); (b) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3); (c) prescribing the procedure to be followed in making and responding to a request for access to a record under this Part; (d) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another; (e) prescribing a fee for the purposes of subsection 11(1); (f) prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part of a record shall be given; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 1 Access to Government Records Regulations Sections 71-71.02 (g) specifying investigative bodies for the purpose of paragraph 16(1)(a); (h) specifying classes of investigations for the purpose of paragraph 16(4)(c); and (i) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15. R.S., 1985, c. A-1, s. 71; 2019, c. 18, s. 34. PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Interpretation Definition of quarter 71.01 In sections 71.02 to 71.14, quarter means a threemonth period that begins on the first day of January, April, July or October. 2019, c. 18, s. 36. Senators Travel expenses 71.02 Within 90 days after the end of the quarter in which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Senators Sections 71.02-71.04 (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. 2019, c. 18, s. 36. Hospitality expenses 71.03 Within 90 days after the end of the quarter in which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 36. Contracts 71.04 (1) Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information: (a) the Senator’s name; (b) the subject matter of the contract; (c) the names of the other parties; (d) the contract period; and (e) the value of the contract. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Senators Sections 71.04-71.06 Increase or decrease in value of contract (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended. 2019, c. 18, s. 36. Members of the House of Commons Travel expenses 71.05 Within 90 days after the end of the quarter in which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount for all travel expenses. 2019, c. 18, s. 36. Hospitality expenses 71.06 Within 90 days after the end of the quarter in which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Members of the House of Commons Sections 71.06-71.08 (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 36. Contracts 71.07 (1) Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information: (a) the member’s name; (b) the subject matter of the contract; (c) the names of the other parties; (d) the contract period; and (e) the value of the contract. Increase or decrease in value of contract (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended. 2019, c. 18, s. 36. Parliamentary Entities Definition of head of a parliamentary entity 71.08 In sections 71.09 to 71.11, head of a parliamentary entity means (a) in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates; (b) in respect of the office of the Senate Ethics Officer, the Speaker of the Senate; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Parliamentary Entities Sections 71.08-71.1 (c) in respect of any administrative unit of the House of Commons, the Speaker of the House of Commons; (d) in respect of the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons; (e) in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly; (f) in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and (g) in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly. 2019, c. 18, s. 36; 2019, c. 18, s. 62. Travel expenses 71.09 Within 60 days after the end of the quarter in which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the employee’s name; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. 2019, c. 18, s. 36. Hospitality expenses 71.1 Within 60 days after the end of the quarter in which any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Parliamentary Entities Sections 71.1-71.11 the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the employee’s name; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 36. Contracts over $10,000 71.11 (1) Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; and (d) the value of the contract. Contracts of $10,000 or less (2) Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)(a) to (d) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 60 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the head of the parliamentary entity shall cause to be published on the entity’s website the value of the contract as amended. 2019, c. 18, s. 36. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Senate, House of Commons and Parliamentary Entities Parliamentary Entities Sections 71.11-72 Parliamentary Privilege and Security of Persons, Infrastructure and Goods Parliamentary privilege 71.12 Sections 71.02 to 71.11 do not apply to any of the information or any part of the information referred to in those sections if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines that the publication may constitute a breach of parliamentary privilege. 2019, c. 18, s. 36. Security of persons, infrastructure and goods 71.13 The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.08(a), as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 71.09 to 71.11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.51 of the Parliament of Canada Act. 2019, c. 18, s. 36. Final decision 71.14 A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament. 2019, c. 18, s. 36. Ministers Definitions 72 The following definitions apply in sections 73 to 80. minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre) Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Ministers Sections 72-74 ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel) ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel) quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre) R.S., 1985, c. A-1, s. 72; 2019, c. 18, s. 37. 72.1 [Repealed, 2019, c. 18, s. 37] Mandate letters 73 The Prime Minister shall cause to be published in electronic form any letter or revised letter in which he or she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter. R.S., 1985, c. A-1, s. 73; 2019, c. 18, s. 37. Briefing materials 74 A minister shall cause to be published in electronic form (a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office; (b) within 30 days after the end of the month in which any memorandum prepared by a government institution for the minister is received by his or her office, the title and reference number of each memorandum that is received; (c) within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question; and (d) within 120 days after the minister’s appearance before a committee of Parliament, the package of briefing materials that is prepared by a government institution for the minister for the purpose of that appearance. R.S., 1985, c. A-1, s. 74; 2019, c. 18, s. 37. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Ministers Sections 75-76 Travel expenses 75 Within 30 days after the end of the month in which any travel expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff are reimbursed, the minister shall cause to be published in electronic form the following information: (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. R.S., 1985, c. A-1, s. 75; 2019, c. 18, s. 37. Hospitality expenses 76 Within 30 days after the end of the month in which any expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff for a hospitality activity are reimbursed, the minister shall cause to be published in electronic form the following information: (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Ministers Sections 76-78 (g) the total amount of the expenses for the hospitality activity. R.S., 1985, c. A-1, s. 76; 2019, c. 18, s. 37. Contracts over $10,000 77 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended. R.S., 1985, c. A-1, s. 77; 1992, c. 21, s. 5; 2006, c. 9, s. 163; 2019, c. 18, s. 37. Expense reports 78 Within 120 days after the end of each fiscal year, a minister shall cause to be published in electronic form a Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Ministers Sections 78-80 report of all expenses that were incurred by his or her office and were paid out of the Consolidated Revenue Fund during that fiscal year. 2019, c. 18, s. 37. Form of publications 79 (1) The designated Minister shall specify the form of the publications referred to in sections 74 to 78. Directives and guidelines (2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 74 to 78. If directives and guidelines are established, the designated Minister shall cause them to be distributed to ministers. 2019, c. 18, s. 37. Publication not required 80 (1) A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part. Publication not permitted (2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question. Information deemed not to be personal information (3) For the purposes of this section, information that must be published under section 75 or 76 is not personal information. 2019, c. 18, s. 37. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 81-82 Government Institutions Definitions 81 The following definitions apply in sections 82 to 90. government entity means a government institution that is (a) a department named in Schedule I to the Financial Administration Act, (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or (c) a corporation named in Schedule II to that Act. (entité fédérale) quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre) senior officer or employee means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (dirigeant ou employé) 2019, c. 18, s. 37. Travel expenses 82 Within 30 days after the end of the month in which any travel expenses incurred by a senior officer or employee of a government institution are reimbursed, the head of the government institution shall cause to be published in electronic form the following information: (a) the senior officer’s or employee’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 82-85 (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; (f) the total amount of the travel expenses; and (g) any other information that, in accordance with Treasury Board policies, must be published. 2019, c. 18, s. 37. Hospitality expenses 83 Within 30 days after the end of the month in which any expenses incurred by a senior officer or employee of a government institution for a hospitality activity are reimbursed, the head of the government institution shall cause to be published in electronic form the following information: (a) the senior officer’s or employee’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; (g) the total amount of the expenses for the hospitality activity; and (h) any other information that, in accordance with Treasury Board policies, must be published. 2019, c. 18, s. 37. Reports tabled in Parliament 84 Within 30 days after the day on which it is tabled, the head of a government institution shall cause to be published in electronic form any report of the government institution respecting its activities that, under an Act of Parliament, must be tabled in the Senate or the House of Commons. 2019, c. 18, s. 37. Reclassification of positions 85 Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 85-86 Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information: (a) the organizational unit in question; (b) the number and title of the reclassified position; (c) the previous classification and the new classification; (d) the purpose of the reclassification; (e) the effective date of the reclassification; and (f) any other information that, in accordance with Treasury Board policies, must be published. 2019, c. 18, s. 37. Contracts over $10,000 86 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, the head of a government entity shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the government entity if the value of the contract is more than $10,000: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; (e) the reference number assigned to the contract, if any; and (f) any other information that, in accordance with Treasury Board policies, must be published. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 86-87 Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended. 2019, c. 18, s. 37. Grants and contributions over $25,000 87 (1) Within 30 days after the end of the quarter in which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information: (a) the names of the parties; (b) the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business; (c) the purpose of the grant or contribution; (d) the date of the agreement or arrangement; (e) the value of the grant or contribution; and (f) any other information that, in accordance with Treasury Board policies, must be published. Grants and contributions of $25,000 or less (2) Within 30 days after the end of the quarter in which an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement. Increase or decrease in value of grant or contribution (3) Within 30 days after the end of the quarter in which an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 87-90 contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended. 2019, c. 18, s. 37. Briefing materials 88 The head of a government entity shall cause to be published in electronic form (a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office; (b) within 30 days after the end of the month in which any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and (c) within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance. 2019, c. 18, s. 37. Form of publications 89 (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88. Directives and guidelines (2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions. 2019, c. 18, s. 37. Publication not required 90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Government Institutions Sections 90-90.02 Publication not permitted (2) A head of a government institution shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question. 2019, c. 18, s. 37. Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Interpretation Definitions 90.01 The following definitions apply in sections 90.02 to 90.24. Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef) Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire) quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre) Registrar means the Registrar of the Supreme Court of Canada. (registraire) 2019, c. 18, s. 38. Office of the Registrar of the Supreme Court of Canada Definitions 90.02 The following definitions apply in this section and sections 90.03 to 90.09. Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint) Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Registrar of the Supreme Court of Canada Sections 90.02-90.04 Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême) Supreme Court means the Supreme Court of Canada. (Cour suprême) 2019, c. 18, s. 38. Travel expenses — Registrar and Deputy Registrar 90.03 Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information: (a) the Registrar’s or Deputy Registrar’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. 2019, c. 18, s. 38. Hospitality expenses — Registrar and Deputy Registrar 90.04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information: (a) the Registrar’s or Deputy Registrar’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Registrar of the Supreme Court of Canada Sections 90.04-90.06 (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 38. Contracts over $10,000 90.05 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Registrar shall cause to be published in electronic form the value of the contract as amended. 2019, c. 18, s. 38. Incidental expenditures — judges 90.06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Registrar of the Supreme Court of Canada Sections 90.06-90.08 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the incidental expenditures reimbursed; (b) the number of judges to whom a reimbursement was made; (c) a detailed description of each class of incidental expenditures reimbursed; (d) the number of judges who received a reimbursement for each class of incidental expenditures; and (e) the applicable guidelines. 2019, c. 18, s. 38. Representational allowances — judges 90.07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or commonlaw partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement was made; (c) a detailed description of each class of expenses reimbursed; (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines. 2019, c. 18, s. 38. Travel allowances — judges 90.08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement was made; (c) a detailed description of each class of expenses reimbursed; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Registrar of the Supreme Court of Canada Sections 90.08-90.11 (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines. 2019, c. 18, s. 38. Conference allowances — judges 90.09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; (b) the number of judges to whom a reimbursement was made; (c) a detailed description of each class of expenses reimbursed; (d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and (e) the applicable guidelines. 2019, c. 18, s. 38. Courts Administration Service Definition of Service 90.1 In sections 90.11 to 90.13, Service means the Courts Administration Service. 2019, c. 18, s. 38. Travel expenses — Chief Administrator and deputies 90.11 Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information: (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Courts Administration Service Sections 90.11-90.13 (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. 2019, c. 18, s. 38. Hospitality expenses — Chief Administrator and deputies 90.12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information: (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 38. Contracts over $10,000 90.13 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Courts Administration Service Sections 90.13-90.15 (e) the reference number assigned to the contract, if any. Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended. 2019, c. 18, s. 38. Office of the Commissioner for Federal Judicial Affairs Definitions 90.14 The following definitions apply in sections 90.15 to 90.21. judge means a judge of a superior court other than the Supreme Court of Canada. (juge) Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau) 2019, c. 18, s. 38. Travel expenses — Commissioner and deputies 90.15 Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information: (a) the Commissioner’s or Deputy Commissioner’s name, as applicable; (b) the purpose of the travel; (c) the dates of the travel; (d) the places visited; (e) the total cost for each of the following classes of expenses: Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Commissioner for Federal Judicial Affairs Sections 90.15-90.17 (i) transportation, (ii) lodging, (iii) meals and any incidental expenses, and (iv) other expenses; and (f) the total amount of the travel expenses. 2019, c. 18, s. 38. Hospitality expenses — Commissioner and deputies 90.16 Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information: (a) the Commissioner’s or Deputy Commissioner’s name, as applicable; (b) the purpose of the hospitality activity; (c) the date of the hospitality activity; (d) the municipality in which the hospitality activity took place; (e) the name of any commercial establishment or vendor involved in the hospitality activity; (f) the number of persons who attended the hospitality activity; and (g) the total amount of the expenses for the hospitality activity. 2019, c. 18, s. 38. Contracts over $10,000 90.17 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information: (a) the subject matter of the contract; (b) the names of the parties; (c) the contract period; (d) the value of the contract; and (e) the reference number assigned to the contract, if any. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Commissioner for Federal Judicial Affairs Sections 90.17-90.19 Contracts of $10,000 or less (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended. Increase or decrease in value of contract (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Commissioner shall cause to be published in electronic form the value of the contract as amended. 2019, c. 18, s. 38. Incidental expenditures — judges 90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court; (b) the total amount of the incidental expenditures reimbursed for that court; (c) the number of judges to whom a reimbursement was made; (d) a detailed description of each class of incidental expenditures reimbursed; (e) the number of judges who received a reimbursement for each class of incidental expenditures; and (f) the applicable guidelines. 2019, c. 18, s. 38. Representational allowances — judges 90.19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the total amount of the expenses reimbursed; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Commissioner for Federal Judicial Affairs Sections 90.19-90.21 (b) the number of judges to whom a reimbursement was made; (c) a detailed description of each class of expenses reimbursed; (d) the number of judges who received a reimbursement for each class of expenses; and (e) the applicable guidelines. 2019, c. 18, s. 38. Travel allowances — judges 90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court; (b) the total amount of the expenses reimbursed for that court; (c) the number of judges to whom a reimbursement was made; (d) a detailed description of each class of expenses reimbursed; (e) the number of judges who received a reimbursement for each class of expenses; and (f) the applicable guidelines. 2019, c. 18, s. 38. Conference allowances — judges 90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information: (a) the name of the court; (b) the total amount of the expenses reimbursed for that court; (c) the number of judges to whom a reimbursement was made; (d) a detailed description of each class of expenses reimbursed; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs Office of the Commissioner for Federal Judicial Affairs Sections 90.21-90.24 (e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and (f) the applicable guidelines. 2019, c. 18, s. 38. Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council Judicial independence 90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence. 2019, c. 18, s. 38. Protected information and security 90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that (a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or (b) the publication could compromise the security of persons, infrastructure or goods. 2019, c. 18, s. 38. Final decision 90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final. 2019, c. 18, s. 38. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 2 Proactive Publication of Information General Sections 91-94 General Information Commissioner 91 (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1. Precision (2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1. 2019, c. 18, s. 37. PART 3 General Designated Minister’s power 92 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution. 2019, c. 18, s. 37. Five-year review 93 (1) The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament. Reference to Parliamentary committee (2) After the report is laid before both Houses, it shall be referred to the committee designated or established by Parliament for the purpose of section 99. 2019, c. 18, s. 37. Annual report — government institutions 94 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year. Tabling of report (2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 3 General Sections 94-96 15 days on which that House is sitting after September 1 of the year in which the report is prepared. Reference to Parliamentary committee (3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99. Copy of report to designated Minister (4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses. Form and content of report (5) The designated Minister shall prescribe the form of, and what information is to be included in, the reports prepared under subsection (1). 2019, c. 18, s. 37. Delegation by head of government institution 95 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution. Delegation to officers or employees of other government institution (2) The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution. 2019, c. 18, s. 37. Provision of services related to access to information 96 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution. Written agreement (2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 3 General Sections 96-98 Notice (3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement. Fees (4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service. Spending authority (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. 2019, c. 18, s. 37. Records not under control of institution 97 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution. 2019, c. 18, s. 37. Protection from civil proceeding or from prosecution — Part 1 98 (1) Despite any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 if reasonable care is taken to give the required notice. Protection from civil proceeding or from prosecution — Part 2 (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, Current to June 20, 2022 Last amended on June 9, 2022 Access to Information PART 3 General Sections 98-101 and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication. 2019, c. 18, s. 37. Permanent review of Act by Parliamentary committee 99 The administration of this Act shall be reviewed on a permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose. 2019, c. 18, s. 37. Review and report 99.1 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend. 2019, c. 18, s. 37. Binding on Crown 100 This Act is binding on Her Majesty in right of Canada. 2019, c. 18, s. 37. Regulations 101 (1) The Governor in Council may make regulations prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I. Amendments to Schedule I (2) The Governor in Council may, by order, (a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada; (b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and (c) delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada. 2019, c. 18, s. 37. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions SCHEDULE I (Section 3) Government Institutions Departments and Ministries of State Department for Women and Gender Equality Ministère des Femmes et de l’Égalité des genres Department of Agriculture and Agri-Food Ministère de l’Agriculture et de l’Agroalimentaire Department of Canadian Heritage Ministère du Patrimoine canadien Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Employment and Social Development Ministère de l’Emploi et du Développement social Department of the Environment Ministère de l’Environnement Department of Finance Ministère des Finances Department of Fisheries and Oceans Ministère des Pêches et des Océans Department of Foreign Affairs, Trade and Development Ministère des Affaires étrangères, du Commerce et du Développement Department of Health Ministère de la Santé Department of Indigenous Services Ministère des Services aux Autochtones Department of Industry Ministère de l’Industrie Department of Justice Ministère de la Justice Department of National Defence Ministère de la Défense nationale Department of Natural Resources Ministère des Ressources naturelles Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile Department of Public Works and Government Services Ministère des Travaux publics et des Services gouvernementaux Department of Transport Ministère des Transports Department of Veterans Affairs Ministère des Anciens Combattants Department of Western Economic Diversification Ministère de la Diversification de l’économie de l’Ouest canadien Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Other Government Institutions Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs Asia-Pacific Foundation of Canada Fondation Asie-Pacifique du Canada Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique Belledune Port Authority Administration portuaire de Belledune British Columbia Treaty Commission Commission des traités de la Colombie-Britannique Canada Border Services Agency Agence des services frontaliers du Canada Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada Canada Foundation for Innovation Fondation canadienne pour l’innovation Canada Foundation for Sustainable Development Technology Fondation du Canada pour l’appui technologique au développement durable Canada–Newfoundland and Labrador Offshore Petroleum Board Office Canada — Terre-Neuve-et-Labrador des hydrocarbures extracôtiers Canada-Nova Scotia Offshore Petroleum Board Office Canada — Nouvelle-Écosse des hydrocarbures extracôtiers Canada Revenue Agency Agence du revenu du Canada Canada School of Public Service École de la fonction publique du Canada Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité Canadian Advisory Council on the Status of Women Conseil consultatif canadien de la situation de la femme Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail Canadian Energy Regulator Régie canadienne de l’énergie Canadian Food Inspection Agency Agence canadienne d’inspection des aliments Canadian Forces Forces canadiennes Canadian Government Specifications Board Office des normes du gouvernement canadien Canadian Grain Commission Commission canadienne des grains Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique Canadian Human Rights Commission Commission canadienne des droits de la personne Canadian Institutes of Health Research Instituts de recherche en santé du Canada Canadian Museum for Human Rights Musée canadien des droits de la personne Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21 Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes Canadian Security Intelligence Service Service canadien du renseignement de sécurité Canadian Space Agency Agence spatiale canadienne Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports Canadian Transportation Agency Office des transports du Canada Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté College of Patent Agents and Trademark Agents Collège des agents de brevets et des agents de marques de commerce Communications Security Establishment Centre de la sécurité des télécommunications Copyright Board Commission du droit d’auteur Correctional Service of Canada Service correctionnel du Canada Director of Soldier Settlement Directeur de l’établissement de soldats The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Federal Economic Development Agency for Northern Ontario Agence fédérale de développement économique pour le Nord de l’Ontario Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario Federal-Provincial Relations Office Secrétariat des relations fédérales-provinciales Federal Public Service Health Care Plan Administration Authority Administration du Régime de soins de santé de la fonction publiquefédérale Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada First Nations Financial Management Board Conseil de gestion financière des premières nations First Nations Tax Commission Commission de la fiscalité des premières nations Gwich’in Land and Water Board Office gwich’in des terres et des eaux Gwich’in Land Use Planning Board Office gwich’in d’aménagement territorial Halifax Port Authority Administration portuaire de Halifax Hamilton Port Authority Administration portuaire de Hamilton Historic Sites and Monuments Board of Canada Commission des lieux et monuments historiques du Canada Immigration and Refugee Board Commission de l’immigration et du statut de réfugié Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact Indian Residential Schools Truth and Reconciliation Commission Commission de vérité et de réconciliation relative aux pensionnats indiens Invest in Canada Hub Investir au Canada Law Commission of Canada Commission du droit du Canada Library and Archives of Canada Bibliothèque et Archives du Canada Mackenzie Valley Environmental Impact Review Board Office d’examen des répercussions environnementales de la vallée du Mackenzie Mackenzie Valley Land and Water Board Office des terres et des eaux de la vallée du Mackenzie Military Grievances External Review Committee Comité externe d’examen des griefs militaires Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo The National Battlefields Commission Commission des champs de bataille nationaux National Farm Products Council Conseil national des produits agricoles National Film Board Office national du film National Research Council of Canada Conseil national de recherches du Canada Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement Northern Pipeline Agency Administration du pipe-line du Nord Nunavut Impact Review Board Commission du Nunavut chargée de l’examen des répercussions Nunavut Planning Commission Commission d’aménagement du Nunavut Nunavut Surface Rights Tribunal Tribunal des droits de surface du Nunavut Nunavut Water Board Office des eaux du Nunavut Office of Infrastructure of Canada Bureau de l’infrastructure du Canada Office of Privatization and Regulatory Affairs Bureau de privatisation et des affaires réglementaires Office of the Administrator of the Fund for Railway Accidents Involving Designated Goods Bureau de l’administrateur de la Caisse d’indemnisation pour les accidents ferroviaires impliquant des marchandises désignées Office of the Administrator of the Ship-source Oil Pollution Fund Bureau de l’administrateur de la Caisse d’indemnisation des dommages dus à la pollution par les hydrocarbures causée par les navires Office of the Auditor General of Canada Bureau du vérificateur général du Canada Office of the Chief Electoral Officer Bureau du directeur général des élections Office of the Commissioner of Lobbying Commissariat au lobbying Office of the Commissioner of Official Languages Commissariat aux langues officielles Office of the Comptroller General Bureau du contrôleur général Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales Office of the Information Commissioner Commissariat à l’information Office of the Intelligence Commissioner Bureau du commissaire au renseignement Office of the Privacy Commissioner Commissariat à la protection de la vie privée Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières Oshawa Port Authority Administration portuaire d’Oshawa Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique Canada Parks Canada Agency Agence Parcs Canada Parole Board of Canada Commission des libérations conditionnelles du Canada Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés Petroleum Compensation Board Office des indemnisations pétrolières The Pierre Elliott Trudeau Foundation La Fondation Pierre-Elliott-Trudeau Port Alberni Port Authority Administration portuaire de Port-Alberni Prairie Farm Rehabilitation Administration Administration du rétablissement agricole des Prairies Prince Rupert Port Authority Administration portuaire de Prince-Rupert Privy Council Office Bureau du Conseil privé Public Health Agency of Canada Agence de la santé publique du Canada Public Service Commission Commission de la fonction publique Quebec Port Authority Administration portuaire de Québec Regional Development Incentives Board Conseil des subventions au développement régional Royal Canadian Mounted Police Gendarmerie royale du Canada Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada Saguenay Port Authority Administration portuaire du Saguenay Sahtu Land and Water Board Office des terres et des eaux du Sahtu Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions Sahtu Land Use Planning Board Office d’aménagement territorial du Sahtu Saint John Port Authority Administration portuaire de Saint-Jean Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement Sept-Îles Port Authority Administration portuaire de Sept-Îles Shared Services Canada Services partagés Canada Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines Statistics Canada Statistique Canada Statute Revision Commission Commission de révision des lois St. John’s Port Authority Administration portuaire de St. John’s Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Treasury Board Secretariat Secrétariat du Conseil du Trésor Trois-Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Fraser Port Authority Administration portuaire de Vancouver Fraser Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel) Windsor Port Authority Administration portuaire de Windsor Yukon Environmental and Socio-economic Assessment Board Office d’évaluation environnementale et socioéconomique du Yukon Yukon Surface Rights Board Office des droits de surface du Yukon R.S., 1985, c. A-1, Sch. I; R.S., 1985, c. 22 (1st Supp.), s. 11, c. 44 (1st Supp.), s. 1, c. 46 (1st Supp.), s. 6; SOR/85-613; R.S., 1985, c. 8 (2nd Supp.), s. 26, c. 19 (2nd Supp.), s. 46; SOR/86-137; R.S., 1985, c. 1 (3rd Supp.), s. 12, c. 3 (3rd Supp.), s. 1, c. 18 (3rd Supp.), s. 27, c. 20 (3rd Supp.), s. 39, c. 24 (3rd Supp.), s. 52, c. 28 (3rd Supp.), s. 274, c. 1 (4th Supp.), s. 46, c. 7 (4th Supp.), s. 2, c. 10 (4th Supp.), s. 19, c. 11 (4th Supp.), s. 13, c. 21 (4th Supp.), s. 1, c. 28 (4th Supp.), s. 36, c. 41 (4th Supp.), s. 45, c. 47 (4th Supp.), s. 52; SOR/88-115; 1989, c. 3, s. 37, c. 27, s. 19; 1990, c. 1, s. 24, c. 3, s. 32, c. 13, s. 24; SOR/ 90-325, 344; 1991, c. 3, s. 10, c. 6, s. 22, c. 16, s. 21, c. 38, s. 25; SOR/91-591; 1992, c. 1, ss. 2, 145(F), 147, c. 33, s. 68, c. 37, s. 75; SOR/92-96, 98; 1993, c. 1, ss. 8, 17, 31, 39, c. 3, ss. 15, 16, c. 28, s. 78, c. 31, s. 24, c. 34, ss. 2, 140; 1994, c. 26, ss. 2, 3, c. 31, s. 9, c. 38, ss. 11, 12, c. 41, ss. 11, 12, c. 43, s. 80; 1995, c. 1, ss. 26 to 28, c. 5, ss. 13, 14, c. 11, ss. 16, 17, c. 12, s. 8, c. 18, ss. 77, 78, c. 28, ss. 44, 45, c. 29, ss. 13, 29, 34, 74, 80, c. 45, s. 23; 1996, c. 8, ss. 16, 17, c. 9, s. 26, c. 10, ss. 202, 203, c. 11, ss. 43 to 46, c. 16, ss. 29 to 31; SOR/96-356, 538; 1997, c. 6, s. 37, c. 9, ss. 83, 84, c. 20, s. 53; 1998, c. 9, ss. 35, 36, c. 10, ss. 159 to 162, c. 25, s. 160, c. 26, ss. 70, 71, c. 31, s. 46, c. 35, s. 106; SOR/98-120, 149; SOR/98-320, s. 1; SOR/98-566; 1999, c. 17, ss. 106, 107, c. 31, ss. 2, 3; 2000, c. 6, ss. 41, 42, c. 17, s. 84, c. 28, s. 47, c. 34, s. 94(F); SOR/2000-175; 2001, c. 9, s. 584, c. 22, ss. 10, 11, c. 34, ss. 2, 16; SOR/2001-143, s. 1; SOR/2001-200, 329; 2002, c. 7, s. 78, c. 10, s. 176, c. 17, ss. 1, 14; SOR/2002-43, 71, 174, 291, 343; 2003, c. 7, s. 127, c. 22, ss. 88, 246, 251, 252; SOR/2003-148, 423, 428, 435, 440; 2004, c. 2, s. 72, c. 7, s. 5, c. 11, ss. 23, 24; SOR/2004-24, 207; 2005, c. 9, s. 147, c. 10, ss. 9, 10, c. 30, s. 88, c. 34, ss. 58 to 60, c. 35, s. 42, c. 38, s. 138, c. 46, s. 55.1; SOR/2005-251; 2006, c. 4, s. 210, c. 9, ss. 90, 91, 129, 164 to 171, 221; SOR/2006-24, 28, 34, 70, 99, 217; SOR/2007-215; 2008, c. 9, s. 6, c. 22, s. 44, c. 28, s. 98; SOR/2008-130, 135; SOR/2009-174, 243, 248; 2010, c. 7, s. 6, c. 12, s. 1674; 2011, c. 25, s. 58; SOR/2011-162, 258; 2012, c. 1, s. 160, c. 19, ss. 271, 385, 469, 501, 571, 586, 674, 746, c. 31, ss. 261, 290; 2013, c. 14, ss. 3, 17, c. 18, ss. 42, 43, c. 24, ss. 115, 116, c. 33, ss. 175 to 177, c. 40, ss. 221, 222, 283, 446; 2014, c. 2, s. 3, c. 13, ss. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE I Government Institutions 96, 97, c. 20, ss. 366(A), 382 to 388, c. 39, ss. 157, 158; SOR/2014-66; 2015, c. 3, s. 2; 2017, c. 15, s. 36, c. 20, s. 444; SOR/2017-257; 2018, c. 27, ss. 248, 663, 664; SOR/ 2018-23; 2019, c. 10, s. 200; 2019, c. 13, s. 18; 2019, c. 13, s. 19; 2019, c. 13, s. 60; 2019, c. 28, s. 81; 2019, c. 28, s. 82; 2019, c. 29, s. 298; 2019, c. 29, s. 347; 2019, c. 29, s. 348; 2019, c. 29, s. 349; SOR/2021-188, s. 1; SOR/2021-193, s. 1. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II SCHEDULE II (Section 24) Act Aeronautics Act Loi sur l’aéronautique Anti-Inflation Act, S.C. 1974-75-76, c. 75 Loi anti-inflation, S.C. 1974-75-76, ch. 75 Business Development Bank of Canada Act Loi sur la Banque de développement du Canada Canada Deposit Insurance Corporation Act Loi sur la Société d’assurance-dépôts du Canada Canada Elections Act Loi électorale du Canada Canada Infrastructure Bank Act Loi sur la Banque de l’infrastructure du Canada Canada Labour Code Code canadien du travail Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Loi de mise en œuvre de l’Accord atlantique Canada — Ter Neuve-et-Labrador Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28 Loi de mise en œuvre de l’Accord Canada — Nouvelle-Éco les hydrocarbures extracôtiers, L.C. 1988, ch. 28 Canada-Nova Scotia Oil and Gas Agreement Act, S.C. 1984, c Loi sur l’Accord entre le Canada et la Nouvelle-Écosse sur gestion des ressources pétrolières et gazières, S.C. 1984, Canada Petroleum Resources Act Loi fédérale sur les hydrocarbures Canada Transportation Act Loi sur les transports au Canada Canadian Energy Regulator Act Loi sur la Régie canadienne de l’énergie Canadian Human Rights Act Loi canadienne sur les droits de la personne Canadian International Trade Tribunal Act Loi sur le Tribunal canadien du commerce extérieur Canadian Navigable Waters Act Loi sur les eaux navigables canadiennes Canadian Ownership and Control Determination Act Loi sur la détermination de la participation et du contrôle canadiens Canadian Security Intelligence Service Act Loi sur le Service canadien du renseignement de sécurité Canadian Transportation Accident Investigation and Safety B Act Loi sur le Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II Act Competition Act Loi sur la concurrence Corporations and Labour Unions Returns Act Loi sur les déclarations des personnes morales et des synd Criminal Code Code criminel Criminal Records Act Loi sur le casier judiciaire Customs Act Loi sur les douanes Defence Production Act Loi sur la production de défense Department of Industry Act Loi sur le ministère de l’Industrie DNA Identification Act Loi sur l’identification par les empreintes génétiques Energy Administration Act Loi sur l’administration de l’énergie Energy Efficiency Act Loi sur l’efficacité énergétique Energy Monitoring Act Loi sur la surveillance du secteur énergétique Energy Supplies Emergency Act Loi d’urgence sur les approvisionnements d’énergie Excise Act, 2001 Loi de 2001 sur l’accise Excise Tax Act Loi sur la taxe d’accise Export Development Act Loi sur le développement des exportations Family Allowances Act Loi sur les allocations familiales Fisheries Act Loi sur les pêches Greenhouse Gas Pollution Pricing Act Loi sur la tarification de la pollution causée par les gaz à ef serre Hazardous Products Act Loi sur les produits dangereux Impact Assessment Act Loi sur l’évaluation d’impact Income Tax Act Loi de l’impôt sur le revenu Industrial Design Act Loi sur les dessins industriels Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II Act Industrial Research and Development Incentives Act, R.S.C. 1 I-10 Loi stimulant la recherche et le développement scientifique S.R.C. 1970, ch. I-10 Investment Canada Act Loi sur Investissement Canada Mackenzie Valley Resource Management Act Loi sur la gestion des ressources de la vallée du Mackenzie Marine Transportation Security Act Loi sur la sûreté du transport maritime Motor Vehicle Fuel Consumption Standards Act Loi sur les normes de consommation de carburant des véh automobiles Nuclear Safety and Control Act Loi sur la sûreté et la réglementation nucléaires Parliament of Canada Act Loi sur le Parlement du Canada Patent Act Loi sur les brevets Personal Information Protection and Electronic Documents A Loi sur la protection des renseignements personnels et les documents électroniques Petroleum Incentives Program Act Loi sur le programme d’encouragement du secteur pétrolie Proceeds of Crime (Money Laundering) and Terrorist Financi Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes Railway Safety Act Loi sur la sécurité ferroviaire Royal Canadian Mounted Police Act Loi sur la Gendarmerie royale du Canada Sex Offender Information Registration Act Loi sur l’enregistrement de renseignements sur les délinqu sexuels Shipping Conferences Exemption Act, 1987 Loi dérogatoire de 1987 sur les conférences maritimes Softwood Lumber Products Export Charge Act, 2006 Loi de 2006 sur les droits d’exportation de produits de bois d’œuvre Special Import Measures Act Loi sur les mesures spéciales d’importation Specific Claims Tribunal Act Loi sur le Tribunal des revendications particulières Statistics Act Loi sur la statistique Telecommunications Act Loi sur les télécommunications Transportation of Dangerous Goods Act, 1992 Loi de 1992 sur le transport des marchandises dangereuse Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II Act Underused Housing Tax Act Loi sur la taxe sur les logements sous-utilisés Witness Protection Program Act Loi sur le Programme de protection des témoins Yukon Environmental and Socio-economic Assessment Act Loi sur l’évaluation environnementale et socioéconomique Yukon Yukon Quartz Mining Act Loi sur l’extraction du quartz dans le Yukon R.S., 1985, c. A-1, Sch. II; R.S., 1985, c. 28 (1st Supp.), s. 46, c. 33 (1st Supp.), s. 6, c. 1 (2nd (3rd Supp.), s. 25, c. 17 (3rd Supp.), s. 26, c. 18 (3rd Supp.), s. 28, c. 28 (3rd Supp.), s. 275, c. 32 (4th Supp.), s. 52, c. 47 (4th Supp.), s. 52; 1989, c. 3, s. 38; 1990, c. 1, s. 25, c. 2, s. 9; 1992, ss. 27, 28, c. 40, s. 32; 1995, c. 1, ss. 29, 30, c. 28, s. 46, c. 41, ss. 107, 108; 1996, c. 10, ss. 203 c. 9, s. 38, c. 33, s. 344; 2000, c. 15, s. 20, c. 17, s. 85, c. 20, s. 25; 2001, c. 9, s. 585, c. 25, s. 2005, c. 9, s. 148, c. 34, s. 83, c. 35, ss. 43, 44; 2006, c. 9, ss. 172, 172.01, c. 13, ss. 118, 119; 747; 2013, c. 18, s. 44, c. 29, s. 22; 2014, c. 13, ss. 98 to 100, c. 20, s. 366, c. 29, s. 21, c. 32, s 188; 2019, c. 14, s. 54; 2019, c. 28, s. 83; 2019, c. 28, s. 84; 2019, c. 28, s. 85; 2019, c. 28, s. 86; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II (French) ANNEXE II (article 24) Loi Code canadien du travail Canada Labour Code Code criminel Criminal Code Loi anti-inflation, S.C. 1974-75-76, ch. 75 Anti-Inflation Act, S.C. 1974-75-76, c. 75 Loi canadienne sur les droits de la personne Canadian Human Rights Act Loi de 2001 sur l’accise Excise Act, 2001 Loi de 2006 sur les droits d’exportation de produits de bois d Softwood Lumber Products Export Charge Act, 2006 Loi de l’impôt sur le revenu Income Tax Act Loi de 1992 sur le transport des marchandises dangereuses Transportation of Dangerous Goods Act, 1992 Loi de mise en œuvre de l’Accord atlantique Canada — Terre et-Labrador Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Loi de mise en œuvre de l’Accord Canada — Nouvelle-Écoss hydrocarbures extracôtiers, L.C. 1988, ch. 28 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28 Loi dérogatoire de 1987 sur les conférences maritimes Shipping Conferences Exemption Act, 1987 Loi d’urgence sur les approvisionnements d’énergie Energy Supplies Emergency Act Loi électorale du Canada Canada Elections Act Loi fédérale sur les hydrocarbures Canada Petroleum Resources Act Loi stimulant la recherche et le développement scientifiques, 1970, ch. I-10 Industrial Research and Development Incentives Act, R.S.C c. I-10 Loi sur Investissement Canada Investment Canada Act Loi sur la Banque de développement du Canada Business Development Bank of Canada Act Loi sur la Banque de l’infrastructure du Canada Canada Infrastructure Bank Act Loi sur l’Accord entre le Canada et la Nouvelle-Écosse sur la des ressources pétrolières et gazières, S.C. 1984, ch. 29 Canada-Nova Scotia Oil and Gas Agreement Act, S.C. 1984 Loi sur la concurrence Competition Act Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II (French) Loi Loi sur la détermination de la participation et du contrôle can Canadian Ownership and Control Determination Act Loi sur l’administration de l’énergie Energy Administration Act Loi sur l’aéronautique Aeronautics Act Loi sur la Gendarmerie royale du Canada Royal Canadian Mounted Police Act Loi sur la gestion des ressources de la vallée du Mackenzie Mackenzie Valley Resource Management Act Loi sur la production de défense Defence Production Act Loi sur la protection des renseignements personnels et les documents électroniques Personal Information Protection and Electronic Documents Loi sur la Régie canadienne de l’énergie Canadian Energy Regulator Act Loi sur la sécurité ferroviaire Railway Safety Act Loi sur la Société d’assurance-dépôts du Canada Canada Deposit Insurance Corporation Act Loi sur la statistique Statistics Act Loi sur la sûreté du transport maritime Marine Transportation Security Act Loi sur la sûreté et la réglementation nucléaires Nuclear Safety and Control Act Loi sur la surveillance du secteur énergétique Energy Monitoring Act Loi sur la tarification de la pollution causée par les gaz à effe serre Greenhouse Gas Pollution Pricing Act Loi sur la taxe d’accise Excise Tax Act Loi sur la taxe sur les logements sous-utilisés Underused Housing Tax Act Loi sur le Bureau canadien d’enquête sur les accidents de tra et de la sécurité des transports Canadian Transportation Accident Investigation and Safety Act Loi sur le casier judiciaire Criminal Records Act Loi sur le développement des exportations Export Development Act Loi sur l’efficacité énergétique Energy Efficiency Act Loi sur le ministère de l’Industrie Department of Industry Act Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II (French) Loi Loi sur l’enregistrement de renseignements sur les délinquan sexuels Sex Offender Information Registration Act Loi sur le Parlement du Canada Parliament of Canada Act Loi sur le programme d’encouragement du secteur pétrolier Petroleum Incentives Program Act Loi sur le Programme de protection des témoins Witness Protection Program Act Loi sur le recyclage des produits de la criminalité et le financ des activités terroristes Proceeds of Crime (Money Laundering) and Terrorist Finan Loi sur les allocations familiales Family Allowances Act Loi sur les brevets Patent Act Loi sur les déclarations des personnes morales et des syndic Corporations and Labour Unions Returns Act Loi sur les dessins industriels Industrial Design Act Loi sur les douanes Customs Act Loi sur les eaux navigables canadiennes Canadian Navigable Waters Act Loi sur le Service canadien du renseignement de sécurité Canadian Security Intelligence Service Act Loi sur les mesures spéciales d’importation Special Import Measures Act Loi sur les normes de consommation de carburant des véhic automobiles Motor Vehicle Fuel Consumption Standards Act Loi sur les pêches Fisheries Act Loi sur les produits dangereux Hazardous Products Act Loi sur les télécommunications Telecommunications Act Loi sur les transports au Canada Canada Transportation Act Loi sur le Tribunal canadien du commerce extérieur Canadian International Trade Tribunal Act Loi sur le Tribunal des revendications particulières Specific Claims Tribunal Act Loi sur l’évaluation d’impact Impact Assessment Act Loi sur l’évaluation environnementale et socioéconomique a Yukon Environmental and Socio-economic Assessment Ac Current to June 20, 2022 Last amended on June 9, 2022 Access to Information SCHEDULE II (French) Loi Loi sur l’extraction du quartz dans le Yukon Yukon Quartz Mining Act Loi sur l’identification par les empreintes génétiques DNA Identification Act L.R. (1985), ch. A-1, ann. II; L.R. (1985), ch. 28 (1er suppl.), art. 46, ch. 33 (1er suppl.), art. 6 suppl.), art. 1, ch. 12 (3e suppl.), art. 25, ch. 17 (3e suppl.), art. 26, ch. 18 (3e suppl.), art. 2 suppl.), art. 140, ch. 21 (4e suppl.), art. 2, ch. 32 (4e suppl.), art. 52, ch. 47 (4e suppl.), art. 52; ch. 37, art. 76; 1993, ch. 2, art. 8, ch. 27, art. 211, ch. 38, art. 77; 1994, ch. 10, art. 27 et 28, ch 203.1 à 203.3; 1997, ch. 9, art. 85 et 86, ch. 23, art. 21; 1998, ch. 21, art. 73, ch. 25, art. 161, c art. 25; 2001, ch. 9, art. 585, ch. 25, art. 86, ch. 41, art. 76; 2003, ch. 7, art. 128; 2004, ch. 2, ar ch. 35, art. 43 et 44; 2006, ch. 9, art. 172 et 172.01, ch. 13, art. 118 et 119; 2007, ch. 18, art. 1 2013, ch. 18, art. 44, ch. 29, art. 22; 2014, ch. 13, art. 98 à 100, ch. 20, art. 366, ch. 29, art. 21, et 404; 2018, ch. 12, art. 188; 2019, ch. 14, art. 54; 2019, ch. 28, art. 83; 2019, ch. 28, art. 84; 20 Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS RELATED PROVISIONS — 2005, c. 26, s. 18 (1), as amended by 2005, c. 26, par. 27 (2) (a) (E) Definitions 18 (1) The following definitions apply in this section. former agency means the portion of the public service of Canada known as the Economic Development Agency of Canada for the Regions of Quebec. (ancienne agence) new agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. (nouvelle agence) — 2005, c. 26, par. 18 (7) (a) References (7) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (a) Schedule I to the Access to Information Act, under the heading “Other Government Institutions”; — 2005, c. 38, s. 16, as amended by 2005, c. 38, par. 144 (8) (a) (E) Definitions 16 The following definitions apply in sections 17 to 19 and 21 to 28. former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence) new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence) order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/ 2003-216. (décret C.P. 2003-2064) — 2005, c. 38, par. 19 (1) (a), (d) References 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS (d) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Access to Information Act; — 2006, c. 5, s. 16 Definitions 16 The following definitions apply in sections 17 to 19. former agency means the portion of the federal public administration known as the Public Health Agency of Canada. (ancienne agence) new agency means the Public Health Agency of Canada established under section 3. (nouvelle agence) — 2006, c. 5, s. 19 References 19 (1) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency: (a) Schedule I to the Access to Information Act, under the heading “Other Government Institutions”; Deputy head (2) The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency. — 2006, c. 9, par. 120 (a) Transitional — continuation in office 120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed: (a) the Information Commissioner under section 54 of the Access to Information Act; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS — 2019, c. 9, s. 25 Definitions 25 The following definitions apply in this section and in sections 26 to 28. commencement day means the day on which this Act receives royal assent. (date d’entrée en vigueur) copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie) personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels) record means, other than in section 28, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (registres) specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that (a) was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or (b) was made or initiated after June 22, 2015 but before the commencement day. (procédure désignée) — 2019, c. 9, s. 26 Non-application — Access to Information Act 26 (1) Subject to section 27, the Access to Information Act does not apply as of the commencement day with respect to records and copies. Non-application — Privacy Act (2) Subject to section 27, the Privacy Act, other than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS Non-application — subsections 6(1) and (3) of the Privacy Act (3) For greater certainty, by reason of subsection 29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information. — 2019, c. 9, s. 27 Continued application 27 (1) The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint, investigation, application, judicial review or appeal that results from a specified proceeding. Period running on June 22, 2015 restarts (2) A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 25 is deemed to restart, from the beginning, on the commencement day. Specified proceeding initiated after June 22, 2015 (3) A specified proceeding described in paragraph (b) of the definition of that expression in section 25 is deemed to be made or initiated on the commencement day. For greater certainty (4) For greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned. — 2019, c. 13, par. 82 (1) (a) 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”; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS — 2019, c. 18, s. 42 Same meaning 42 The words and expressions used in sections 43 to 45 have the same meaning as in the Access to Information Act. — 2019, c. 18, s. 43 Declining to act on request 43 The head of a government institution may decline to act on a person’s request for access to a record under subsection 6.1(1) of the Access to Information Act only if that request is made on or after the day on which section 6 of this Act comes into force. — 2019, c. 18, s. 44 Refusing or ceasing to investigate complaint 44 The Information Commissioner may refuse or cease to investigate a complaint under subsection 30(4) of the Access to Information Act only if that complaint is made on or after the day on which section 13 of this Act comes into force. — 2019, c. 18, s. 45 Power to make order 45 The Information Commissioner may make an order under subsection 36.1(1) of the Access to Information Act only in respect of a complaint that is made on or after the day on which section 16 of this Act comes into force. — 2019, c. 18, s. 46 Non-application of Part 2 46 A provision of Part 2 of the Access to Information Act that requires the publication of any information or any materials does not apply to (a) any expenses or expenditures that were incurred before the coming into force of that provision; (b) any contract, agreement or arrangement that was entered into before that date; (c) any letter that, before that date, established the mandate of a minister; (d) any briefing materials, memoranda or question period notes that were prepared before that date; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS (e) any report that was tabled in the Senate or the House of Commons before that date; or (f) any occupied position in a government institution that was reclassified before that date. — 2019, c. 18, s. 58 58 The following amendments to Schedule I to the Access to Information Act are deemed to have been validly made: (a) the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-187 of February 13, 1998, registered as SOR/98-120; (b) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-955 of June 3, 1998, registered as SOR/98-320; (c) the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-615 of April 11, 2001, registered as SOR/2001-143; (d) the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1576 of August 28, 2001, registered as SOR/ 2001-329; (e) the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-187 of February 7, 2002, registered as SOR/ 2002-71; (f) the replacement of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” by “Office of Infrastructure of Canada/Bureau de l’infrastructure du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2002-1325 of August 6, 2002, registered as SOR/2002-291; (g) the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-107 of February 16, 2004, registered as SOR/2004-24; Current to June 20, 2022 Last amended on June 9, 2022 Access to Information RELATED PROVISIONS (h) the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-38 of February 6, 2006, registered as SOR/2006-24; (i) the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-44 of February 6, 2006, registered as SOR/2006-28; (j) the deletion of “Canada Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-392 of May 17, 2006, registered as SOR/2006-99; (k) the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-800 of April 25, 2008, registered as SOR/ 2008-130; (l) the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-809 of April 25, 2008, registered as SOR/2008-135. Current to June 20, 2022 Last amended on June 9, 2022 Access to Information AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2002, c. 7, s. 77 1994, c. 43, s. 80. 77 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”: Yukon Surface Rights Board Office des droits de surface du Yukon — 2013, c. 25, s. 20, as amended by 2014, c. 1, s. 20 (3) and 2017, c. 32, s. 19 (3) 20 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i): (j) the Yale First Nation Government, within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act. Current to June 20, 2022 Last amended on June 9, 2022

CONSOLIDATION Aviation Industry Indemnity Act S.C. 2014, c. 29, s. 2 NOTE [Enacted by section 2 of chapter 29 of the Statutes of Canada, 2014, in force on assent December 9, 2014.] 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 indemnity of certain aviation industry participants and beneficiaries for certain events Short Title 1 Short title Interpretation 2 Definitions Undertaking 3 Undertaking by Minister Statutory Instruments Act Request for information Claim for Indemnification 6 Notice of potential claim Claim and indemnification Consolidated Revenue Fund Subrogation Assessment and Report 10 Assessment Report Regulations 12 Governor in Council Current to June 20, 2022 Last amended on June 21, 2019 ii S.C. 2014, c. 29, s. 2 An Act respecting the indemnity of certain aviation industry participants and beneficiaries for certain events [Assented to 9th December 2014] Short Title Short title 1 This Act may be cited as the Aviation Industry Indemnity Act. Interpretation Definitions 2 The following definitions apply in this Act. airport has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéroport) aviation industry participant means (a) an air carrier, as defined in subsection 3(1) of the Aeronautics Act, that is a Canadian, as defined in subsection 55(1) of the Canada Transportation Act; (b) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act; (c) an owner or operator of an airport; (d) a supplier of goods or services that directly support the operation of aircraft from an airport, including with respect to (i) the preparation of an aircraft for departure or on its arrival, including maintenance and cleaning Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Interpretation Sections 2-3 of the aircraft and the loading and unloading of passengers, baggage and cargo, (ii) freight forwarding, (iii) air navigation, or (iv) airport security services; or (e) an entity that is prescribed by regulation or a member of a class of entity that is prescribed by regulation. (participant de l’industrie aérienne) event means (a) an act of unlawful interference with an aircraft, airport or air navigation facility, including an act of terrorism; (b) an act or omission in the course of armed conflict, war, invasion, hostilities, civil war, revolution, rebellion, insurrection, an application of martial law, a usurpation or attempted usurpation of power, a civil commotion or a riot; or (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services, as defined in subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to the Department of National Defence or the Canadian Forces. (événement) Minister means the Minister of Transport. (ministre) 2014, c. 29, s. 2 “2”; 2019, c. 29, s. 281. Undertaking Undertaking by Minister 3 (1) The Minister may, in writing, undertake to indemnify (a) any aviation industry participant or class of aviation industry participant against their loss or damage, or liability for loss or damage, that is caused by an event; or (b) any beneficiary or class of beneficiary under an insurance policy held by an aviation industry participant Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Undertaking Section 3 against that beneficiary’s, or class of beneficiary’s, loss or damage that is caused by an event. Limitation (2) The undertaking to indemnify is limited to (a) loss, damage or liability, or any portion of it, that is not insured or otherwise indemnified; and (b) loss, damage or liability that is not solely with respect to a loss of income. Terms (3) The Minister may attach terms to an undertaking, including terms that (a) specify the event or class of event that is covered by the undertaking or that is excluded from coverage; (b) specify the activity or class of activity in which an aviation industry participant engages that is covered by the undertaking or that is excluded from coverage; (c) specify the class of loss, damage or liability that is covered by the undertaking or that is excluded from coverage; (d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out under the undertaking; (e) require that an aviation industry participant obtain a specified minimum amount of insurance coverage for events; and (f) require that an aviation industry participant or any beneficiary under an insurance policy held by an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant or beneficiary is a party that are related to loss, damage or liability covered by the undertaking. Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Undertaking Sections 3-5 Different terms (4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants or beneficiaries, including among aviation industry participants or beneficiaries of the same class, and may distinguish among classes of aviation industry participants or beneficiaries. Incorporation by reference (5) An undertaking may incorporate any material by reference, regardless of its source, as it exists on a particular date. No delegation (6) The Minister must personally exercise the powers that are set out in this section. 2014, c. 29, s. 2 “3”; 2019, c. 29, s. 282. Statutory Instruments Act 4 (1) The Statutory Instruments Act does not apply to an undertaking. Publication (2) The Minister must cause an undertaking, an amended undertaking or a notice of revocation of an undertaking to be published in Part I of the Canada Gazette within 23 days after the issuance, amendment or revocation. Exception (3) Subsection (2) does not apply to an undertaking, an amended undertaking or a revocation of an undertaking to indemnify NAV CANADA, or any beneficiary under an insurance policy held by NAV CANADA, that covers only events referred to in paragraph (c) of the definition event in section 2. 2014, c. 29, s. 2 “4”; 2019, c. 29, s. 283. Request for information 5 At any time after the Minister issues an undertaking, he or she may request that aviation industry participants — or beneficiaries under an insurance policy held by an aviation industry participant — that are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to those aviation industry participants’ eligibility and their existing level of insurance coverage for events covered by the undertaking. 2014, c. 29, s. 2 “5”; 2019, c. 29, s. 284. Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Claim for Indemnification Sections 6-7 Claim for Indemnification Notice of potential claim 6 (1) In order to submit a claim for indemnification with respect to an event, an aviation industry participant or beneficiary under an insurance policy held by that participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred. Information to be provided (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary in the circumstances. 2014, c. 29, s. 2 “6”; 2019, c. 29, s. 285. Claim and indemnification 7 (1) After an aviation industry participant or beneficiary under an insurance policy held by that participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant or beneficiary accordingly. Further information (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification. Deeming — single event (3) If the Minister considers that two or more events are directly connected by any factor or factors, including timing, cause or the parties involved, he or she may deem the events to be a single event. Reliance on court or tribunal (4) The Minister may, in determining if a claim is eligible for indemnification, rely on a final determination, not subject to any appeal, of a court or other tribunal, in or outside Canada. Fault (5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant or beneficiary if the Minister is of the opinion that the loss, damage or Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Claim for Indemnification Sections 7-11 liability claimed is principally the fault of that aviation industry participant or beneficiary, as the case may be. For greater certainty (6) For greater certainty, the Minister’s determination of whether the claim is eligible for indemnification includes a determination of the amount, if any, of the indemnification. 2014, c. 29, s. 2 “7”; 2019, c. 29, s. 286. Consolidated Revenue Fund 8 Any amount payable under an undertaking is to be paid out of the Consolidated Revenue Fund. Subrogation 9 (1) Her Majesty in right of Canada is subrogated, to the extent of a payment under an undertaking to an aviation industry participant or beneficiary under an insurance policy held by that participant, to all of the participant’s or beneficiary’s rights in respect of the loss, damage or liability for which the payment was made. Action (2) Her Majesty in right of Canada may maintain an action, in the aviation industry participant’s or beneficiary’s name or in the name of Her Majesty, against any person to enforce those rights. 2014, c. 29, s. 2 “9”; 2019, c. 29, s. 287. Assessment and Report Assessment 10 The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage, or other similar coverage, for events referred to in paragraph (a) or (b) of the definition event in section 2. 2014, c. 29, s. 2 “10”; 2019, c. 29, s. 288. Report 11 (1) The Minister must prepare a report on his or her activities under this Act within (a) 90 days after the day on which he or she issued, amended or revoked an undertaking; and (b) two years after the day on which a report was last tabled, if he or she has not, within that period, issued, amended or revoked an undertaking. Current to June 20, 2022 Last amended on June 21, 2019 Aviation Industry Indemnity Assessment and Report Sections 11-12 Exception (1.1) The Minister must only report on his or her activities with respect to an undertaking covering an event referred to in paragraph (c) of the definition event in section 2 if he or she issues, amends or revokes such an undertaking. Tabling in Parliament (2) The Minister must cause each report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the report is prepared. 2014, c. 29, s. 2 “11”; 2019, c. 29, s. 289. Regulations Governor in Council 12 The Governor in Council may, on the Minister’s recommendation, make regulations for the purpose of this Act, including regulations (a) prescribing an entity or class of entity for the purpose of the definition aviation industry participant in section 2; and (b) respecting the circumstances in which an undertaking may cover only one aviation industry participant. Current to June 20, 2022 Last amended on June 21, 2019

CONSOLIDATION Agriculture and Agri-Food Administrative Monetary Penalties Act S.C. 1995, c. 40 Current to June 20, 2022 Last amended on January 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 January 15, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on January 15, 2019 TABLE OF PROVISIONS An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act Short Title 1 Short title Interpretation 2 Definitions Purpose of Act 3 Purpose of Act Powers of Minister 4 Regulations How act or omission may be proceeded with Power of Minister — notices of violation Proceedings 7 Commission of violation Notices of Violation with Warning 8 Notices with warning — request for review Notices of Violation with Penalty 9 Notices with penalty — payment Compliance Agreements 10 Compliance agreements Refusal to enter into compliance agreement Review by Minister 12 Review under section 8 Review under paragraph 9(2)(b) Current to June 20, 2022 Last amended on January 15, 2019 ii Agriculture and Agri-Food Administrative Monetary Penalties TABLE OF PROVISIONS Review by Tribunal 14 Review by Tribunal Enforcement 15 Debts to Her Majesty Certificate of default Rules of Law About Violations 17 Violations not offences Certain defences not available Burden of proof Vicarious liability — licence holders, etc. Continuing violation Forfeiture General Provisions 23 Notations removed Service of documents Evidence Limitation period Review Tribunal Composition 27 Review Tribunal continued Qualifications Membership Tenure No other federal public administration Conflict of interest Chairperson 33 Duties of Chairperson Remuneration and Expenses 34 Remuneration Head Office 37 Head office Jurisdiction 38 Tribunal Chairperson Reviews Current to June 20, 2022 Last amended on January 15, 2019 iv Agriculture and Agri-Food Administrative Monetary Penalties TABLE OF PROVISIONS Powers 41 Court of record Rules 42 Rules General 43 Consultations Rules of evidence Privileged evidence not receivable Current to June 20, 2022 Last amended on January 15, 2019 v S.C. 1995, c. 40 An Act to establish a system of administrative monetary penalties for the enforcement of the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act [Assented to 5th December 1995] 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 Agriculture and AgriFood Administrative Monetary Penalties Act. Interpretation Definitions 2 In this Act, agri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire) Minister means the Minister of Agriculture and AgriFood, except that Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Interpretation Sections 2-4 (a) it means the Minister of Health in relation to a violation involving a contravention of (i) the Pest Control Products Act, or (ii) a provision relating to food safety of an agrifood Act or of a regulation made under such an Act, and (b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre) penalty means an administrative monetary penalty imposed under this Act for a violation; (sanction) prescribed means prescribed by regulation; (Version anglaise seulement) Tribunal means the Review Tribunal continued by subsection 27(1); (Commission) 1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113. Purpose of Act Purpose of Act 3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts. Powers of Minister Regulations 4 (1) The Minister may make regulations (a) designating as a violation that may be proceeded with in accordance with this Act (i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act, (ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or (iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Powers of Minister Section 4 the Pest Control Products Act or the Safe Food for Canadians Act; if the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act; (b) classifying each violation as a minor violation, a serious violation or a very serious violation; (b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation; (c) fixing a penalty, or a range of penalties, in respect of each violation; (d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1); (e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner; (f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing; (g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served; (h) prescribing anything that by this Act is to be prescribed; and (i) generally, for carrying out the purposes and provisions of this Act. Maximum penalties (2) The maximum penalty for a violation is (a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and (b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Powers of Minister Sections 4-7 Criteria (3) Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria: (a) the degree of intention or negligence on the part of the person who committed the violation; (b) the harm done by the violation; and (c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation. 1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72. How act or omission may be proceeded with 5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation. Power of Minister — notices of violation 6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation. 1995, c. 40, s. 6; 2015, c. 2, s. 115. Proceedings Commission of violation 7 (1) Every person who (a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act, (b) contravenes any order made by the Minister under the Plant Protection Act, or (c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act the contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Proceedings Sections 7-8 Issuance of notice of violation (2) If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and (a) contains a warning that the person has committed a violation; or (b) sets out (i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay, (ii) particulars concerning the time for paying and the manner of paying the penalty, and (iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice. Summary of rights (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review. 1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E). Notices of Violation with Warning Notices with warning — request for review 8 (1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal. Deeming (2) Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Notices of Violation with Penalty Sections 9-10 Notices of Violation with Penalty Notices with penalty — payment 9 (1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty, (a) the person is deemed to have committed the violation in respect of which the amount is paid; (b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 7 are ended. Alternatives to payment (2) Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner, (a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates; (b) request a review by the Minister of the facts of the violation; or (c) request a review by the Tribunal of the facts of the violation. Deeming (3) Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice. Compliance Agreements Compliance agreements 10 (1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Compliance Agreements Section 10 (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into. Where compliance agreement complied with (3) Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice, (a) the proceedings commenced in respect of the violation under section 7 are ended; and (b) any security given under the compliance agreement by the person shall be returned to the person. Where compliance agreement not complied with (4) Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or (b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada. Effect of notice of default (5) On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and (a) the person served is liable to pay the amount set out in the notice; or Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Compliance Agreements Sections 10-11 (b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended. Effect of payment (6) Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner, (a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and (b) the proceedings commenced in respect of the violation under section 7 are ended. Refusal to enter into compliance agreement 11 (1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner, (a) pay the amount of the penalty; or (b) request a review by the Tribunal of the facts of the violation. Effect of payment (2) Where a person pays the amount referred to in paragraph (1)(a), (a) the person is deemed to have committed the violation in respect of which the payment is made; (b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 7 are ended. Deeming (3) If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation. 1995, c. 40, s. 11; 2015, c. 2, s. 117(E). Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review by Minister Sections 12-14 Review by Minister Review under section 8 12 (1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review. Right to review (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal. Review under paragraph 9(2)(b) 13 (1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review. Payment or right to review (2) Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, (a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case (i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and (ii) the proceedings commenced in respect of the violation under section 7 are ended; or (b) request a review of the Minister’s decision by the Tribunal. Review by Tribunal Review by Tribunal 14 (1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be, (a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review by Tribunal Sections 14-15 (b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty, and the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister. Payment (2) Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order, (a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and (b) the proceedings commenced in respect of the violation under section 7 are ended. Enforcement Debts to Her Majesty 15 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court: (a) the amount of a penalty, from the time the notice of violation setting out the penalty is served; (b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served; (d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served; (e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and (f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Enforcement Sections 15-18 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. Debt final (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14. 1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F). Certificate of default 16 (1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgments (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. Rules of Law About Violations Violations not offences 17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. Certain defences not available 18 (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 violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. 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 an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Rules of Law About Violations Sections 19-23 Burden of proof 19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice. Vicarious liability — licence holders, etc. 20 (1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act. Vicarious liability — acts of employees and agents (2) A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act. Continuing violation 21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued. Forfeiture 22 Where (a) a person is deemed by this Act to have committed a violation, or (b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner, anything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise. General Provisions Notations removed 23 (1) Any notation of a violation shall, on application by the person who committed the violation, be removed Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties General Provisions Sections 23-27 from any records that may be kept by the Minister respecting that person after the expiration of five years from (a) where the notice of violation contained a warning, the date the notice was served, or (b) in any other case, the payment of any debt referred to in subsection 15(1), unless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection. Duty to notify (2) The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1). Service of documents 24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations. Evidence 25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation. Limitation period 26 No proceedings in respect of a violation may be commenced later than (a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or (b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation. 1995, c. 40, s. 26; 2015, c. 2, s. 119. Review Tribunal Composition Review Tribunal continued 27 (1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review Tribunal Composition Sections 27-33 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued. Composition (2) The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson. 1995, c. 40, s. 27; 2012, c. 24, s. 102. Qualifications 28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec. 1995, c. 40, s. 28; 2012, c. 24, s. 102. Membership 29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members. 1995, c. 40, s. 29; 2012, c. 24, s. 102. Tenure 30 (1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause. Re-appointment (2) Each member may be re-appointed as a member in the same or another capacity. 1995, c. 40, s. 30; 2012, c. 24, s. 102. No other federal public administration 31 A member must not hold any other office in the federal public administration. 1995, c. 40, s. 31; 2012, c. 24, s. 102. Conflict of interest 32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest. 1995, c. 40, s. 32; 2012, c. 24, s. 102. Chairperson Duties of Chairperson 33 (1) The Chairperson apportions work among the Tribunal’s members. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review Tribunal Chairperson Sections 33-38 Absence or incapacity of Chairperson (2) If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council. 1995, c. 40, s. 33; 2012, c. 24, s. 102; 2014, c. 20, s. 480. Remuneration and Expenses Remuneration 34 (1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each parttime member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council. Travel and living expenses (2) Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members. 1995, c. 40, s. 34; 2012, c. 24, s. 102. 35 [Repealed, 2014, c. 20, s. 480] 36 [Repealed, 2014, c. 20, s. 480] Head Office Head office 37 (1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act. Sittings (2) The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council. 1995, c. 40, s. 37; 2012, c. 24, s. 102. Jurisdiction Tribunal 38 (1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament. Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review Tribunal Jurisdiction Sections 38-41 Review by Federal Court (2) An order of the Tribunal may only be reviewed under the Federal Courts Act. 1995, c. 40, s. 38; 2012, c. 24, s. 102. Chairperson 39 (1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson: (a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and (b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000. Other legally qualified members (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28. 1995, c. 40, s. 39; 2012, c. 24, s. 102. Reviews 40 Reviews by the Tribunal are to be heard by a single member. 1995, c. 40, s. 40; 2012, c. 24, s. 102. Powers Court of record 41 (1) The Tribunal is a court of record with an official seal that must be judicially noticed. Examination of witnesses, etc. (2) In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may (a) issue a summons requiring a person (i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties Review Tribunal Powers Sections 41-90 (ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter; (b) administer oaths and examine any person on oath; and (c) during a hearing, receive any evidence that it considers relevant and trustworthy. 1995, c. 40, s. 41; 2012, c. 24, s. 102. Rules Rules 42 The Tribunal may, with the approval of the Governor in Council, make rules governing (a) the practice and procedure in respect of hearings; (b) the time and manner in which applications and notices must be made or given; and (c) the work of the Tribunal under this or any other Act of Parliament. 1995, c. 40, s. 42; 2012, c. 24, s. 102. General Consultations 43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it. 1995, c. 40, s. 43; 2012, c. 24, s. 102. Rules of evidence 44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. 1995, c. 40, s. 44; 2012, c. 24, s. 102. Privileged evidence not receivable 45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence. 1995, c. 40, s. 45; 2012, c. 24, s. 102. 46 to 89 [Repealed, 2012, c. 24, s. 102] 90 [Repealed, 2012, c. 24, s. 102] Current to June 20, 2022 Last amended on January 15, 2019 Agriculture and Agri-Food Administrative Monetary Penalties RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 24, s. 69 Definitions 69 The following definitions apply in sections 70 to 72. commencement day means the day on which section 102 comes into force. (date d’entrée en vigueur) former Tribunal means the Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act as that subsection read immediately before the coming into force of section 102 of this Act. (ancienne Commission) new Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act. (nouvelle Commission) — 2012, c. 24, s. 70 Chairperson 70 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, the person who holds the office of Chairperson of the former Tribunal immediately before the commencement day continues in office as the Chairperson of the new Tribunal for the remainder of the term for which that person was appointed Chairperson. — 2012, c. 24, s. 71 Other members 71 Subject to subsection 30(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 102, each person who holds office as a member of the former Tribunal immediately before the commencement day continues in office as a member of the new Tribunal for the remainder of the term for which the person was appointed. Current to June 20, 2022 Last amended on January 15, 2019

CONSOLIDATION Asian Infrastructure Investment Bank Agreement Act S.C. 2017, c. 33, s. 176 NOTE [Enacted by section 176 of chapter 33 of the Statutes of Canada, 2017, in force on assent December 14, 2017.] 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 membership of Canada in the Asian Infrastructure Investment Bank 1 Short title Definitions Approval of Agreement Acceptance of Agreement and implementation Amendment to schedule Depository Payments out of Consolidated Revenue Fund — Initial subscription SCHEDULE Asian Infrastructure Investment BankArticles of Agreement SCHEDULE A Initial Subscriptions to the Authorized Capital Stock for Countries Which May Become Members in Accordance with Article 58 SCHEDULE B Election of Directors Current to June 20, 2022 ii S.C. 2017, c. 33, s. 176 An Act to provide for the membership of Canada in the Asian Infrastructure Investment Bank [Assented to 14th December 2017] Short title 1 This Act may be cited as the Asian Infrastructure Investment Bank Agreement Act. Definitions 2 The following definitions apply in this Act. Agreement means the Agreement respecting the Asian Infrastructure Investment Bank set out in the schedule. (accord) Bank means the Asian Infrastructure Investment Bank. (Banque) Approval of Agreement 3 The Agreement is approved. Acceptance of Agreement and implementation 4 The Governor in Council may authorize the acceptance of the Agreement on behalf of Canada and take any measure that is necessary in the opinion of the Governor in Council, including making appointments, orders and regulations, for carrying out the obligations or exercising the rights of Canada under the Agreement, and in particular for granting the privileges and immunities set out in the Agreement. Amendment to schedule 5 The Governor in Council may, by order, amend the schedule to take into account amendments to the Agreement that are consistent with the purpose and functions of the Bank. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act Sections 6-7 Depository 6 The Bank of Canada is the depository in Canada for the assets of the Bank. Payments out of Consolidated Revenue Fund — Initial subscription 7 The Minister of Finance may make payments out of the Consolidated Revenue Fund to the Bank in respect of Canada’s initial subscription of shares in an aggregate amount not more than US$ 375,000,000, or any greater amount that is specified in an appropriation Act. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement SCHEDULE (Sections 2 and 5) Asian Infrastructure Investment Bank Articles of Agreement The countries on whose behalf the present Agreement is signed agree as follows: CONSIDERING the importance of regional cooperation to sustain growth and promote economic and social development of the economies in Asia and thereby contribute to regional resilience against potential financial crises and other external shocks in the context of globalization; ACKNOWLEDGING the significance of infrastructure development in expanding regional connectivity and improving regional integration, thereby promoting economic growth and sustaining social development for the people in Asia, and contributing to global economic dynamism; REALIZING that the considerable long-term need for financing infrastructure development in Asia will be met more adequately by a partnership among existing multilateral development banks and the Asian Infrastructure Investment Bank (hereinafter referred to as the “Bank”); CONVINCED that the establishment of the Bank as a multilateral financial institution focused on infrastructure development will help to mobilize much needed additional resources from inside and outside Asia and to remove the financing bottlenecks faced by the individual economies in Asia, and will complement the existing multilateral development banks, to promote sustained and stable growth in Asia; HAVE AGREED to establish the Bank, which shall operate in accordance with the following: CHAPTER I Purpose, Functions and Membership Article 1 Purpose 1 The purpose of the Bank shall be to: (i) foster sustainable economic development, create wealth and improve infrastructure connectivity in Asia by investing in infrastructure Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement and other productive sectors; and (ii) promote regional cooperation and partnership in addressing development challenges by working in close collaboration with other multilateral and bilateral development institutions. 2 Wherever used in this Agreement, references to “Asia” and “region” shall include the geographical regions and composition classified as Asia and Oceania by the United Nations, except as otherwise decided by the Board of Governors. Article 2 Functions To implement its purpose, the Bank shall have the following functions: (i) to promote investment in the region of public and private capital for development purposes, in particular for development of infrastructure and other productive sectors; (ii) to utilize the resources at its disposal for financing such development in the region, including those projects and programs which will contribute most effectively to the harmonious economic growth of the region as a whole and having special regard to the needs of less developed members in the region; (iii) to encourage private investment in projects, enterprises and activities contributing to economic development in the region, in particular in infrastructure and other productive sectors, and to supplement private investment when private capital is not available on reasonable terms and conditions; and (iv) to undertake such other activities and provide such other services as may further these functions. Article 3 Membership 1 Membership in the Bank shall be open to members of the International Bank for Reconstruction and Development or the Asian Development Bank. (a) Regional members shall be those members listed in Part A of Schedule A and other members included in the Asia region in accordance with paragraph 2 of Article 1. All other members shall be non-regional members. (b) Founding Members shall be those members listed in Schedule A which, on or before the date specified in Article 57, shall have signed this Agreement and shall have fulfilled all other conditions of membership before the final date specified under paragraph 1 of Article 58. 2 Members of the International Bank for Reconstruction and Development or the Asian Development Bank which do not become members in accordance with Article 58 may be admitted, under such terms and conditions as the Bank shall determine, to membership in the Bank by a Special Majority vote of the Board of Governors as provided in Article 28. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement 3 In the case of an applicant which is not sovereign or not responsible for the conduct of its international relations, application for membership in the Bank shall be presented or agreed by the member of the Bank responsible for its international relations. CHAPTER II Capital Article 4 Authorized Capital 1 The authorized capital stock of the Bank shall be one hundred billion United States dollars ($100,000,000,000), divided into one million (1,000,000) shares having a par value of 100,000 dollars ($100,000) each, which shall be available for subscription only by members in accordance with the provisions of Article 5. 2 The original authorized capital stock shall be divided into paid-in shares and callable shares. Shares having an aggregate par value of twenty billion dollars ($20,000,000,000) shall be paid-in shares, and shares having an aggregate par value of eighty billion dollars ($80,000,000,000) shall be callable. 3 The authorized capital stock of the Bank may be increased by the Board of Governors by a Super Majority vote as provided in Article 28, at such time and under such terms and conditions as it may deem advisable, including the proportion between paid-in and callable shares. 4 The term “dollar” and the symbol “$” wherever used in this Agreement shall be understood as being the official currency of payment of the United States of America. Article 5 Subscription of Shares 1 Each member shall subscribe to shares of the capital stock of the Bank. Each subscription to the original authorized capital stock shall be for paid-in shares and callable shares in the proportion two (2) to eight (8). The initial number of shares available to be subscribed by countries which become members in accordance with Article 58 shall be that set forth in Schedule A. 2 The initial number of shares to be subscribed by countries which are admitted to membership in accordance with paragraph 2 of Article 3 shall be determined by the Board of Governors; provided, however, that no such subscription shall be authorized which would have the effect of reducing the percentage of capital stock held by regional members below seventy-five (75) per cent of the total subscribed capital stock, unless otherwise agreed by the Board of Governors by a Super Majority vote as provided in Article 28. 3 The Board of Governors may, at the request of a member, increase the subscription of such member on such terms and conditions as the Board may determine by a Super Majority vote as provided in Article 28; provided, however, that no such increase in the subscription of any member shall be authorized which would have the effect of reducing the percentage of capital stock held by regional members below seventyfive (75) per cent of the total subscribed capital stock, unless Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement otherwise agreed by the Board of Governors by a Super Majority vote as provided in Article 28. 4 The Board of Governors shall at intervals of not more than five (5) years review the capital stock of the Bank. In case of an increase in the authorized capital stock, each member shall have a reasonable opportunity to subscribe, under such terms and conditions as the Board of Governors shall determine, to a proportion of the increase of stock equivalent to the proportion which its stock theretofore subscribed bears to the total subscribed capital stock immediately prior to such increase. No member shall be obligated to subscribe to any part of an increase of capital stock. Article 6 Payment of Subscriptions 1 Payment of the amount initially subscribed by each Signatory to this Agreement which becomes a member in accordance with Article 58 to the paid-in capital stock of the Bank shall be made in five (5) installments, of twenty (20) per cent each of such amount, except as provided in paragraph 5 of this Article. The first installment shall be paid by each member within thirty (30) days after entry into force of this Agreement, or on or before the date of deposit on its behalf of its instrument of ratification, acceptance or approval in accordance with paragraph 1 of Article 58, whichever is later. The second installment shall become due one (1) year from the entry into force of this Agreement. The remaining three (3) installments shall become due successively one (1) year from the date on which the preceding installment becomes due. 2 Each installment of the payment of initial subscriptions to the original paid-in capital stock shall be paid in dollars or other convertible currency, except as provided in paragraph 5 of this Article. The Bank may at any time convert such payments into dollars. All rights, including voting rights, acquired in respect of paid-in and associated callable shares for which such payments are due but have not been received shall be suspended until full payment is received by the Bank. 3 Payment of the amount subscribed to the callable capital stock of the Bank shall be subject to call only as and when required by the Bank to meet its liabilities. In the event of such a call, payment may be made at the option of the member in dollars or in the currency required to discharge the obligations of the Bank for the purpose of which the call is made. Calls on unpaid subscriptions shall be uniform in percentage on all callable shares. 4 The Bank shall determine the place for any payment under this Article, provided that, until the inaugural meeting of the Board of Governors, the payment of the first installment referred to in paragraph 1 of this Article shall be made to the Government of the People’s Republic of China, as Trustee for the Bank. 5 A member considered as a less developed country for purposes of this paragraph may pay its subscription under paragraphs 1 and 2 of this Article, as an alternative, either: (a) entirely in dollars or other convertible currency in up to ten (10) installments, with each such installment equal to ten (10) percent of the total amount, the first and second installments due as provided in paragraph 1, and the Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement third through tenth installments due on the second and subsequent anniversary dates of the entry into force of this Agreement; or (b) with a portion in dollars or other convertible currency and a portion of up to fifty (50) per cent of each installment in the currency of the member, following the schedule of installments provided in paragraph 1 of this Article. The following provisions shall apply to payments under this sub-paragraph (b): (i) The member shall advise the Bank at the time of subscription under paragraph 1 of this Article of the proportion of payments to be made in its own currency. (ii) Each payment of a member in its own currency under this paragraph 5 shall be in such amount as the Bank determines to be equivalent to the full value in terms of dollars of the portion of the subscription being paid. The initial payment shall be in such amount as the member considers appropriate hereunder but shall be subject to such adjustment, to be effected within ninety (90) days of the date on which such payment was due, as the Bank shall determine to be necessary to constitute the full dollar equivalent of such payment. (iii) Whenever in the opinion of the Bank, the foreign exchange value of a member’s currency has depreciated to a significant extent, that member shall pay to the Bank within a reasonable time an additional amount of its currency required to maintain the value of all such currency held by the Bank on account of its subscription. (iv) Whenever in the opinion of the Bank, the foreign exchange value of a member’s currency has appreciated to a significant extent, the Bank shall pay to that member within a reasonable time an amount of that currency required to adjust the value of all such currency held by the Bank on account of its subscription. (v) The Bank may waive its rights to payment under sub-paragraph (iii) and the member may waive its rights to payment under sub-paragraph (iv). 6 The Bank shall accept from any member paying its subscription under sub-paragraph 5 (b) of this Article promissory notes or other obligations issued by the Government of the member, or by the depository designated by such member, in lieu of the amount to be paid in the currency of the member, provided such amount is not required by the Bank for the conduct of its operations. Such notes or obligations shall be non-negotiable, non-interest-bearing, and payable to the Bank at par value upon demand. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 7 Terms of Shares 1 Shares of stock initially subscribed by members shall be issued at par. Other shares shall be issued at par unless the Board of Governors by a Special Majority vote as provided in Article 28 decides in special circumstances to issue them on other terms. 2 Shares of stock shall not be pledged or encumbered in any manner whatsoever, and they shall be transferable only to the Bank. 3 The liability of the members on shares shall be limited to the unpaid portion of their issue price. 4 No member shall be liable, by reason of its membership, for obligations of the Bank. Article 8 Ordinary Resources As used in this Agreement, the term “ordinary resources” of the Bank shall include the following: (i) authorized capital stock of the Bank, including both paid-in and callable shares, subscribed pursuant to Article 5; (ii) funds raised by the Bank by virtue of powers conferred by paragraph 1 of Article 16, to which the commitment to calls provided for in paragraph 3 of Article 6 is applicable; (iii) funds received in repayment of loans or guarantees made with the resources indicated in sub-paragraphs (i) and (ii) of this Article or as returns on equity investments and other types of financing approved under sub-paragraph 2 (vi) of Article 11 made with such resources; (iv) income derived from loans made from the aforementioned funds or from guarantees to which the commitment to calls set forth in paragraph 3 of Article 6 is applicable; and (v) any other funds or income received by the Bank which do not form part of its Special Funds resources referred to in Article 17 of this Agreement. CHAPTER III Operations of the Bank Article 9 Use of Resources The resources and facilities of the Bank shall be used exclusively to implement the purpose and functions set forth, respectively, in Articles 1 and 2, and in accordance with sound banking principles. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 10 Ordinary and Special Operations 1 The operations of the Bank shall consist of: (i) ordinary operations financed from the ordinary resources of the Bank, referred to in Article 8; and (ii) special operations financed from the Special Funds resources referred to in Article 17. The two types of operations may separately finance elements of the same project or program. 2 The ordinary resources and the Special Funds resources of the Bank shall at all times and in all respects be held, used, committed, invested or otherwise disposed of entirely separately from each other. The financial statements of the Bank shall show the ordinary operations and special operations separately. 3 The ordinary resources of the Bank shall, under no circumstances, be charged with, or used to discharge, losses or liabilities arising out of special operations or other activities for which Special Funds resources were originally used or committed. 4 Expenses appertaining directly to ordinary operations shall be charged to the ordinary resources of the Bank. Expenses appertaining directly to special operations shall be charged to the Special Funds resources. Any other expenses shall be charged as the Bank shall determine. Article 11 Recipients and Methods of Operation 1 (a) The Bank may provide or facilitate financing to any member, or any agency, instrumentality or political subdivision thereof, or any entity or enterprise operating in the territory of a member, as well as to international or regional agencies or entities concerned with economic development of the region. (b) The Bank may, in special circumstances, provide assistance to a recipient not listed in sub-paragraph (a) above only if the Board of Governors, by a Super Majority vote as provided in Article 28: (i) shall have determined that such assistance is designed to serve the purpose and come within the functions of the Bank and is in the interest of the Bank’s membership; and (ii) shall have specified the types of assistance under paragraph 2 of this Article that may be provided to such recipient. 2 The Bank may carry out its operations in any of the following ways: (i) by making, co-financing or participating in direct loans; (ii) by investment of funds in the equity capital of an institution or enterprise; (iii) by guaranteeing, whether as primary or secondary obligor, in whole or in part, loans for economic development; Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement (iv) by deploying Special Funds resources in accordance with the agreements determining their use; (v) by providing technical assistance in accordance with Article 15; or (vi) through other types of financing as may be determined by the Board of Governors, by a Special Majority vote as provided in Article 28. Article 12 Limitations on Ordinary Operations 1 The total amount outstanding of loans, equity investments, guarantees and other types of financing provided by the Bank in its ordinary operations under sub-paragraphs 2 (i), (ii), (iii) and (vi) of Article 11 shall not at any time be increased, if by such increase the total amount of its unimpaired subscribed capital, reserves and retained earnings included in its ordinary resources would be exceeded. Notwithstanding the provisions of the preceding sentence, the Board of Governors may, by a Super Majority vote as provided in Article 28, determine at any time that, based on the Bank’s financial position and financial standing, the limitation under this paragraph may be increased, up to 250% of the Bank’s unimpaired subscribed capital, reserves and retained earnings included in its ordinary resources. 2 The amount of the Bank’s disbursed equity investments shall not at any time exceed an amount corresponding to its total unimpaired paid-in subscribed capital and general reserves. Article 13 Operating Principles The operations of the Bank shall be conducted in accordance with the principles set out below: 1 The Bank shall be guided by sound banking principles in its operations. 2 The operations of the Bank shall provide principally for the financing of specific projects or specific investment programs, for equity investment, and for technical assistance in accordance with Article 15. 3 The Bank shall not finance any undertaking in the territory of a member if that member objects to such financing. 4 The Bank shall ensure that each of its operations complies with the Bank’s operational and financial policies, including without limitation, policies addressing environmental and social impacts. 5 In considering an application for financing, the Bank shall pay due regard to the ability of the recipient to obtain financing or facilities elsewhere on terms and conditions that the Bank considers reasonable for the recipient, taking into account all pertinent factors. 6 In providing or guaranteeing financing, the Bank shall pay due regard to the prospects that the recipient and guarantor, Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement if any, will be in a position to meet their obligations under the financing contract. 7 In providing or guaranteeing financing, the financial terms, such as rate of interest and other charges and the schedule for repayment of principal shall be such as are, in the opinion of the Bank, appropriate for the financing concerned and the risk to the Bank. 8 The Bank shall place no restriction upon the procurement of goods and services from any country from the proceeds of any financing undertaken in the ordinary or special operations of the Bank. 9 The Bank shall take the necessary measures to ensure that the proceeds of any financing provided, guaranteed or participated in by the Bank are used only for the purposes for which the financing was granted and with due attention to considerations of economy and efficiency. 10 The Bank shall pay due regard to the desirability of avoiding a disproportionate amount of its resources being used for the benefit of any member. 11 The Bank shall seek to maintain reasonable diversification in its investments in equity capital. In its equity investments, the Bank shall not assume responsibility for managing any entity or enterprise in which it has an investment and shall not seek a controlling interest in the entity or enterprise concerned, except where necessary to safeguard the investment of the Bank. Article 14 Terms and Conditions for Financing 1 In the case of loans made or participated in or loans guaranteed by the Bank, the contract shall establish, in conformity with the operating principles set forth in Article 13 and subject to the other provisions of this Agreement, the terms and conditions for the loan or the guarantee concerned. In setting such terms and conditions, the Bank shall take fully into account the need to safeguard its income and financial position. 2 Where the recipient of loans or guarantees of loans is not itself a member, the Bank may, when it deems it advisable, require that the member in whose territory the project concerned is to be carried out, or a public agency or any instrumentality of that member acceptable to the Bank, guarantee the repayment of the principal and the payment of interest and other charges on the loan in accordance with the terms thereof. 3 The amount of any equity investment shall not exceed such percentage of the equity capital of the entity or enterprise concerned as permitted under policies approved by the Board of Directors. 4 The Bank may provide financing in its operations in the currency of the country concerned, in accordance with policies that minimize currency risk. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 15 Technical Assistance 1 The Bank may provide technical advice and assistance and other similar forms of assistance which serve its purpose and come within its functions. 2 Where expenditures incurred in furnishing such services are not reimbursable, the Bank shall charge such expenditures to the income of the Bank. CHAPTER IV Finances of the Bank Article 16 General Powers In addition to the powers specified elsewhere in this Agreement, the Bank shall have the powers set out below. 1 The Bank may raise funds, through borrowing or other means, in member countries or elsewhere, in accordance with the relevant legal provisions. 2 The Bank may buy and sell securities the Bank has issued or guaranteed or in which it has invested. 3 The Bank may guarantee securities in which it has invested in order to facilitate their sale. 4 The Bank may underwrite, or participate in the underwriting of, securities issued by any entity or enterprise for purposes consistent with the purpose of the Bank. 5 The Bank may invest or deposit funds not needed in its operations. 6 The Bank shall ensure that every security issued or guaranteed by the Bank shall bear on its face a conspicuous statement to the effect that it is not an obligation of any Government, unless it is in fact the obligation of a particular Government, in which case it shall so state. 7 The Bank may establish and administer funds held in trust for other parties, provided such trust funds are designed to serve the purpose and come within the functions of the Bank, under a trust fund framework which shall have been approved by the Board of Governors. 8 The Bank may establish subsidiary entities which are designed to serve the purpose and come within the functions of the Bank, only with the approval of the Board of Governors by a Special Majority vote as provided in Article 28. 9 The Bank may exercise such other powers and establish such rules and regulations as may be necessary or appropriate in furtherance of its purpose and functions, consistent with the provisions of this Agreement. Article 17 Special Funds 1 The Bank may accept Special Funds which are designed to serve the purpose and come within the functions of the Bank; such Special Funds shall be resources of the Bank. The full Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement cost of administering any Special Fund shall be charged to that Special Fund. 2 Special Funds accepted by the Bank may be used on terms and conditions consistent with the purpose and functions of the Bank and with the agreement relating to such Funds. 3 The Bank shall adopt such special rules and regulations as may be required for the establishment, administration and use of each Special Fund. Such rules and regulations shall be consistent with the provisions of this Agreement, except for those provisions expressly applicable only to ordinary operations of the Bank. 4 The term “Special Funds resources” shall refer to the resources of any Special Fund and shall include: (i) funds accepted by the Bank for inclusion in any Special Fund; (ii) funds received in respect of loans or guarantees, and the proceeds of any equity investments, financed from the resources of any Special Fund which, under the rules and regulations of the Bank governing that Special Fund, are received by such Special Fund; (iii) income derived from investment of Special Funds resources; and (iv) any other resources placed at the disposal of any Special Fund. Article 18 Allocation and Distribution of Net Income 1 The Board of Governors shall determine at least annually what part of the net income of the Bank shall be allocated, after making provision for reserves, to retained earnings or other purposes and what part, if any, shall be distributed to the members. Any such decision on the allocation of the Bank’s net income to other purposes shall be taken by a Super Majority vote as provided in Article 28. 2 The distribution referred to in the preceding paragraph shall be made in proportion to the number of shares held by each member, and payments shall be made in such manner and in such currency as the Board of Governors shall determine. Article 19 Currencies 1 Members shall not impose any restrictions on currencies, including the receipt, holding, use or transfer by the Bank or by any recipient from the Bank, for payments in any country. 2 Whenever it shall become necessary under this Agreement to value any currency in terms of another or determine whether any currency is convertible, such valuation or determination shall be made by the Bank. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 20 Methods of Meeting Liabilities of the Bank 1 In the Bank’s ordinary operations, in cases of arrears or default on loans made, participated in, or guaranteed by the Bank, and in cases of losses on equity investment or other types of financing under sub-paragraph 2 (vi) of Article 11, the Bank shall take such action as it deems appropriate. The Bank shall maintain appropriate provisions against possible losses. 2 Losses arising in the Bank’s ordinary operations shall be charged: (i) first, to the provisions referred to in paragraph 1 above; (ii) second, to net income; (iii) third, against reserves and retained earnings; (iv) fourth, against unimpaired paid-in capital; and (v) last, against an appropriate amount of the uncalled subscribed callable capital which shall be called in accordance with the provisions of paragraph 3 of Article 6. CHAPTER V Governance Article 21 Structure The Bank shall have a Board of Governors, a Board of Directors, a President, one or more Vice-Presidents, and such other officers and staff as may be considered necessary. Article 22 Board of Governors: Composition 1 Each member shall be represented on the Board of Governors and shall appoint one Governor and one Alternate Governor. Each Governor and Alternate Governor shall serve at the pleasure of the appointing member. No Alternate Governor may vote except in the absence of his principal. 2 At each of its annual meetings, the Board shall elect one of the Governors as Chairman who shall hold office until the election of the next Chairman. 3 Governors and Alternate Governors shall serve as such without remuneration from the Bank, but the Bank may pay them reasonable expenses incurred in attending meetings. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 23 Board of Governors: Powers 1 All the powers of the Bank shall be vested in the Board of Governors. 2 The Board of Governors may delegate to the Board of Directors any or all its powers, except the power to: (i) admit new members and determine the conditions of their admission; (ii) increase or decrease the authorized capital stock of the Bank; (iii) suspend a member; (iv) decide appeals from interpretations or applications of this Agreement given by the Board of Directors; (v) elect the Directors of the Bank and determine the expenses to be paid for Directors and Alternate Directors and remuneration, if any, pursuant to paragraph 6 of Article 25; (vi) elect the President, suspend or remove him from office, and determine his remuneration and other conditions of service; (vii) approve, after reviewing the auditors’ report, the general balance sheet and the statement of profit and loss of the Bank; (viii) determine the reserves and the allocation and distribution of the net profits of the Bank; (ix) amend this Agreement; (x) decide to terminate the operations of the Bank and to distribute its assets; and (xi) exercise such other powers as are expressly assigned to the Board of Governors in this Agreement. 3 The Board of Governors shall retain full power to exercise authority over any matter delegated to the Board of Directors under paragraph 2 of this Article. Article 24 Board of Governors: Procedure 1 The Board of Governors shall hold an annual meeting and such other meetings as may be provided for by the Board of Governors or called by the Board of Directors. Meetings of the Board of Governors shall be called by the Board of Directors whenever requested by five (5) members of the Bank. 2 A majority of the Governors shall constitute a quorum for any meeting of the Board of Governors, provided such majority represents not less than two-thirds of the total voting power of the members. 3 The Board of Governors shall by regulation establish procedures whereby the Board of Directors may obtain a vote of the Governors on a specific question without a meeting and Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement provide for electronic meetings of the Board of Governors in special circumstances. 4 The Board of Governors, and the Board of Directors to the extent authorized, may establish such subsidiary entities, and adopt such rules and regulations, as may be necessary or appropriate to conduct the business of the Bank. Article 25 Board of Directors: Composition 1 The Board of Directors shall be composed of twelve (12) members who shall not be members of the Board of Governors, and of whom: (i) nine (9) shall be elected by the Governors representing regional members; and (ii) three (3) shall be elected by the Governors representing non-regional members. Directors shall be persons of high competence in economic and financial matters and shall be elected in accordance with Schedule B. Directors shall represent members whose Governors have elected them as well as members whose Governors assign their votes to them. 2 The Board of Governors shall, from time to time, review the size and composition of the Board of Directors, and may increase or decrease the size or revise the composition as appropriate, by a Super Majority vote as provided in Article 28. 3 Each Director shall appoint an Alternate Director with full power to act for him when he is not present. The Board of Governors shall adopt rules enabling a Director elected by more than a specified number of members to appoint an additional Alternate Director. 4 Directors and Alternate Directors shall be nationals of member countries. No two or more Directors may be of the same nationality nor may any two or more Alternate Directors be of the same nationality. Alternate Directors may participate in meetings of the Board but may vote only when the Alternate Director is acting in place of the Director. 5 Directors shall hold office for a term of two (2) years and may be re-elected: (a) Directors shall continue in office until their successors shall have been chosen and assumed office. (b) If the office of a Director becomes vacant more than one hundred and eighty (180) days before the end of his term, a successor shall be chosen in accordance with Schedule B, for the remainder of the term, by the Governors who elected the former Director. A majority of the votes cast by such Governors shall be required for such election. The Governors who elected a Director may similarly choose a successor if the office of a Director becomes vacant one hundred and eighty (180) days or less before the end of his term. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement (c) While the office of a Director remains vacant, an Alternate Director of the former Director shall exercise the powers of the latter, except that of appointing an Alternate Director. 6 Directors and Alternate Directors shall serve without remuneration from the Bank, unless the Board of Governors shall decide otherwise, but the Bank may pay them reasonable expenses incurred in attending meetings. Article 26 Board of Directors: Powers The Board of Directors shall be responsible for the direction of the general operations of the Bank and, for this purpose, shall, in addition to the powers assigned to it expressly by this Agreement, exercise all the powers delegated to it by the Board of Governors, and in particular: (i) prepare the work of the Board of Governors; (ii) establish the policies of the Bank, and, by a majority representing not less than three-fourths of the total voting power of the members, take decisions on major operational and financial policies and on delegation of authority to the President under Bank policies; (iii) take decisions concerning operations of the Bank under paragraph 2 of Article 11, and, by a majority representing not less than three-fourths of the total voting power of the members, decide on the delegation of such authority to the President; (iv) supervise the management and the operation of the Bank on a regular basis, and establish an oversight mechanism for that purpose, in line with principles of transparency, openness, independence and accountability; (v) approve the strategy, annual plan and budget of the Bank; (vi) appoint such committees as deemed advisable; and (vii) submit the audited accounts for each financial year for approval of the Board of Governors. Article 27 Board of Directors: Procedure 1 The Board of Directors shall meet as often as the business of the Bank may require, periodically throughout the year. The Board of Directors shall function on a non-resident basis except as otherwise decided by the Board of Governors by a Super Majority vote as provided in Article 28. Meetings may be called by the Chairman or whenever requested by three (3) Directors. 2 A majority of the Directors shall constitute a quorum for any meeting of the Board of Directors, provided such majority represents not less than two-thirds of the total voting power of the members. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement 3 The Board of Governors shall adopt regulations under which, if there is no Director of its nationality, a member may send a representative to attend, without right to vote, any meeting of the Board of Directors when a matter particularly affecting that member is under consideration. 4 The Board of Directors shall establish procedures whereby the Board can hold an electronic meeting or vote on a matter without holding a meeting. Article 28 Voting 1 The total voting power of each member shall consist of the sum of its basic votes, share votes and, in the case of a Founding Member, its Founding Member votes. (i) The basic votes of each member shall be the number of votes that results from the equal distribution among all the members of twelve (12) per cent of the aggregate sum of the basic votes, share votes and Founding Member votes of all the members. (ii) The number of the share votes of each member shall be equal to the number of shares of the capital stock of the Bank held by that member. (iii) Each Founding Member shall be allocated six hundred (600) Founding Member votes. In the event a member fails to pay any part of the amount due in respect of its obligations in relation to paid-in shares under Article 6, the number of share votes to be exercised by the member shall, as long as such failure continues, be reduced proportionately, by the percentage which the amount due and unpaid represents of the total par value of paid-in shares subscribed to by that member. 2 In voting in the Board of Governors, each Governor shall be entitled to cast the votes of the member he represents. (i) Except as otherwise expressly provided in this Agreement, all matters before the Board of Governors shall be decided by a majority of the votes cast. (ii) A Super Majority vote of the Board of Governors shall require an affirmative vote of two-thirds of the total number of Governors, representing not less than three-fourths of the total voting power of the members. (iii) A Special Majority vote of the Board of Governors shall require an affirmative vote of a majority of the total number of Governors, representing not less than a majority of the total voting power of the members. 3 In voting in the Board of Directors, each Director shall be entitled to cast the number of votes to which the Governors who elected him are entitled and those to which any Governors who have assigned their votes to him, pursuant to Schedule B, are entitled. (i) A Director entitled to cast the votes of more than one member may cast the votes for those members separately. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement (ii) Except as otherwise expressly provided in this Agreement, all matters before the Board of Directors shall be decided by a majority of the votes cast. Article 29 The President 1 The Board of Governors, through an open, transparent and merit-based process, shall elect a president of the Bank by a Super Majority vote as provided in Article 28. He shall be a national of a regional member country. The President, while holding office, shall not be a Governor or a Director or an Alternate for either. 2 The term of office of the President shall be five (5) years. He may be re-elected once. The President may be suspended or removed from office when the Board of Governors so decides by a Super Majority vote as provided in Article 28. (a) If the office of the President for any reason becomes vacant during his term, the Board of Governors shall appoint an Acting President for a temporary period or elect a new President, in accordance with paragraph 1 of this Article. 3 The President shall be Chairman of the Board of Directors but shall have no vote, except a deciding vote in case of an equal division. He may participate in meetings of the Board of Governors but shall not vote. 4 The President shall be the legal representative of the Bank. He shall be chief of the staff of the Bank and shall conduct, under the direction of the Board of Directors, the current business of the Bank. Article 30 Officers and Staff of the Bank 1 One or more Vice-Presidents shall be appointed by the Board of Directors on the recommendation of the President, on the basis of an open, transparent and merit-based process. A Vice-President shall hold office for such term, exercise such authority and perform such functions in the administration of the Bank, as may be determined by the Board of Directors. In the absence or incapacity of the President, a Vice-President shall exercise the authority and perform the functions of the President. 2 The President shall be responsible for the organization, appointment and dismissal of the officers and staff in accordance with regulations adopted by the Board of Directors, with the exception of Vice-Presidents to the extent provided in paragraph 1 above. 3 In appointing officers and staff and recommending VicePresidents, the President shall, subject to the paramount importance of securing the highest standards of efficiency and technical competence, pay due regard to the recruitment of personnel on as wide a regional geographical basis as possible. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 31 The International Character of the Bank 1 The Bank shall not accept Special Funds, loans or assistance that may in any way prejudice, limit, deflect or otherwise alter its purpose or functions. 2 The Bank, its President, officers and staff shall not interfere in the political affairs of any member, nor shall they be influenced in their decisions by the political character of the member concerned. Only economic considerations shall be relevant to their decisions. Such considerations shall be weighed impartially in order to achieve and carry out the purpose and functions of the Bank. 3 The President, officers and staff of the Bank, in the discharge of their offices, owe their duty entirely to the Bank and to no other authority. Each member of the Bank shall respect the international character of this duty and shall refrain from all attempts to influence any of them in the discharge of their duties. CHAPTER VI General Provisions Article 32 Offices of the Bank 1 The principal office of the Bank shall be located in Beijing, People’s Republic of China. 2 The Bank may establish agencies or offices elsewhere. Article 33 Channel of Communication; Depositories 1 Each member shall designate an appropriate official entity with which the Bank may communicate in connection with any matter arising under this Agreement. 2 Each member shall designate its central bank, or such other institution as may be agreed upon with the Bank, as a depository with which the Bank may keep its holdings of currency of that member as well as other assets of the Bank. 3 The Bank may hold its assets with such depositories as the Board of Directors shall determine. Article 34 Reports and Information 1 The working language of the Bank shall be English, and the Bank shall rely on the English text of this Agreement for all decisions and for interpretations under Article 54. 2 Members shall furnish the Bank with such information it may reasonably request of them in order to facilitate the performance of its functions. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement 3 The Bank shall transmit to its members an annual report containing an audited statement of its accounts and shall publish such report. It shall also transmit quarterly to its members a summary statement of its financial position and a profit and loss statement showing the results of its operations. 4 The Bank shall establish a policy on the disclosure of information in order to promote transparency in its operations. The Bank may publish such reports as it deems desirable in the carrying out of its purpose and functions. Article 35 Cooperation with Members and International Organizations 1 The Bank shall work in close cooperation with all its members, and, in such manner as it may deem appropriate within the terms of this Agreement, with other international financial institutions, and international organizations concerned with the economic development of the region or the Bank’s operational areas. 2 The Bank may enter into arrangements with such organizations for purposes consistent with this Agreement, with the approval of the Board of Directors. Article 36 References 1 References in this Agreement to Article or Schedule refer to Articles and Schedules of this Agreement, unless otherwise specified. 2 References in this Agreement to a specific gender shall be equally applicable to any gender. CHAPTER VII Withdrawal and Suspension of Members Article 37 Withdrawal of Membership 1 Any member may withdraw from the Bank at any time by delivering a notice in writing to the Bank at its principal office. 2 Withdrawal by a member shall become effective, and its membership shall cease, on the date specified in its notice but in no event less than six (6) months after the date that notice has been received by the Bank. However, at any time before the withdrawal becomes finally effective, the member may notify the Bank in writing of the cancellation of its notice of intention to withdraw. 3 A withdrawing member shall remain liable for all direct and contingent obligations to the Bank to which it was subject at the date of delivery of the withdrawal notice. If the withdrawal becomes finally effective, the member shall not incur any liability for obligations resulting from operations of the Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Bank effected after the date on which the withdrawal notice was received by the Bank. Article 38 Suspension of Membership 1 If a member fails to fulfill any of its obligations to the Bank, the Board of Governors may suspend such member by a Super Majority vote as provided in Article 28. 2 The member so suspended shall automatically cease to be a member one (1) year from the date of its suspension, unless the Board of Governors decides by a Super Majority vote as provided in Article 28 to restore the member to good standing. 3 While under suspension, a member shall not be entitled to exercise any rights under this Agreement, except the right of withdrawal, but shall remain subject to all its obligations. Article 39 Settlement of Accounts 1 After the date on which a country ceases to be a member, it shall remain liable for its direct obligations to the Bank and for its contingent liabilities to the Bank so long as any part of the loans, guarantees, equity investments or other forms of financing under paragraph 2 (vi) of Article 11 (hereinafter, other financing) contracted before it ceased to be a member is outstanding, but it shall not incur liabilities with respect to loans, guarantees, equity investments or other financing entered into thereafter by the Bank nor share either in the income or the expenses of the Bank. 2 At the time a country ceases to be a member, the Bank shall arrange for the repurchase of such country’s shares by the Bank as a part of the settlement of accounts with such country in accordance with the provisions of paragraphs 3 and 4 of this Article. For this purpose, the repurchase price of the shares shall be the value shown by the books of the Bank on the date the country ceases to be a member. 3 The payment for shares repurchased by the Bank under this Article shall be governed by the following conditions: (i) Any amount due to the country concerned for its shares shall be withheld so long as that country, its central bank or any of its agencies, instrumentalities or political subdivisions remains liable, as borrower, guarantor or other contracting party with respect to equity investment or other financing, to the Bank and such amount may, at the option of the Bank, be applied on any such liability as it matures. No amount shall be withheld on account of the contingent liability of the country for future calls on its subscription for shares in accordance with paragraph 3 of Article 6. In any event, no amount due to a member for its shares shall be paid until six (6) months after the date on which the country ceases to be a member. (ii) Payments for shares may be made from time to time, upon surrender of the corresponding stock certificates by the country concerned, to the extent by which the amount due as the repurchase price in accordance with paragraph 2 of this Article exceeds the aggregate Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement amount of liabilities, on loans, guarantees, equity investments and other financing referred to in sub-paragraph (i) of this paragraph, until the former member has received the full repurchase price. (iii) Payments shall be made in such available currencies as the Bank determines, taking into account its financial position. (iv) If losses are sustained by the Bank on any loans, guarantees, equity investments or other financing which were outstanding on the date when a country ceased to be a member and the amount of such losses exceeds the amount of the reserve provided against losses on that date, the country concerned shall repay, upon demand, the amount by which the repurchase price of its shares would have been reduced if the losses had been taken into account when the repurchase price was determined. In addition, the former member shall remain liable on any call for unpaid subscriptions in accordance with paragraph 3 of Article 6, to the same extent that it would have been required to respond if the impairment of capital had occurred and the call had been made at the time the repurchase price of its shares was determined. 4 If the Bank terminates its operations pursuant to Article 41 within six (6) months of the date upon which any country ceases to be a member, all rights of the country concerned shall be determined in accordance with the provisions of Articles 41 to 43. Such country shall be considered as still a member for purposes of such Articles but shall have no voting rights. CHAPTER VIII Suspension and Termination of Operations of the Bank Article 40 Temporary Suspension of Operations In an emergency, the Board of Directors may temporarily suspend operations in respect of new loans, guarantees, equity investment and other forms of financing under sub-paragraph 2 (vi) of Article 11, pending an opportunity for further consideration and action by the Board of Governors. Article 41 Termination of Operations 1 The Bank may terminate its operations by a resolution of the Board of Governors approved by a Super Majority vote as provided in Article 28. 2 After such termination, the Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation and preservation of its assets and settlement of its obligations. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 42 Liability of Members and Payments of Claims 1 In the event of termination of the operation of the Bank, the liability of all members for uncalled subscriptions to the capital stock of the Bank and in respect of the depreciation of their currencies shall continue until all claims of creditors, including all contingent claims, shall have been discharged. 2 All creditors holding direct claims shall first be paid out of the assets of the Bank and then out of payments to the Bank or unpaid or callable subscriptions. Before making any payments to creditors holding direct claims, the Board of Directors shall make such arrangements as are necessary, in its judgment, to ensure a pro rata distribution among holders of direct and contingent claims. Article 43 Distribution of Assets 1 No distribution of assets shall be made to members on account of their subscriptions to the capital stock of the Bank until: (i) all liabilities to creditors have been discharged or provided for; and (ii) the Board of Governors has decided, by a Super Majority vote as provided in Article 28, to make such distribution. 2 Any distribution of the assets of the Bank to the members shall be in proportion to the capital stock held by each member and shall be effected at such times and under such conditions as the Bank shall deem fair and equitable. The shares of assets distributed need not be uniform as to type of asset. No member shall be entitled to receive its share in such a distribution of assets until it has settled all of its obligations to the Bank. 3 Any member receiving assets distributed pursuant to this Article shall enjoy the same rights with respect to such assets as the Bank enjoyed prior to their distribution. CHAPTER IX Status, Immunities, Privileges and Exemptions Article 44 Purposes of Chapter 1 To enable the Bank to fulfill its purpose and carry out the functions entrusted to it, the status, immunities, privileges and exemptions set forth in this Chapter shall be accorded to the Bank in the territory of each member. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement 2 Each member shall promptly take such action as is necessary to make effective in its own territory the provisions set forth in this Chapter and shall inform the Bank of the action which it has taken. Article 45 Status of the Bank The Bank shall possess full juridical personality and, in particular, the full legal capacity: (i) to contract; (ii) to acquire, and dispose of, immovable and movable property; (iii) to institute and respond to legal proceedings; and (iv) to take such other action as may be necessary or useful for its purpose and activities. Article 46 Immunity from Judicial Proceedings 1 The Bank shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its powers to raise funds, through borrowings or other means, to guarantee obligations, or to buy and sell or underwrite the sale of securities, in which cases actions may be brought against the Bank only in a court of competent jurisdiction in the territory of a country in which the Bank has an office, or has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. 2 Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the Bank by any member, or by any agency or instrumentality of a member, or by any entity or person directly or indirectly acting for or deriving claims from a member or from any agency or instrumentality of a member. Members shall have recourse to such special procedures for the settlement of controversies between the Bank and its members as may be prescribed in this Agreement, in the by-laws and regulations of the Bank, or in the contracts entered into with the Bank. 3 Property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank. Article 47 Immunity of Assets and Archives 1 Property and assets of the Bank, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action. 2 The archives of the Bank, and, in general, all documents belonging to it, or held by it, shall be inviolable, wheresoever located and by whomsoever held. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement Article 48 Freedom of Assets from Restrictions To the extent necessary to carry out the purpose and functions of the Bank effectively, and subject to the provisions of this Agreement, all property and assets of the Bank shall be free from restrictions, regulations, controls and moratoria of any nature. Article 49 Privilege for Communications Official communications of the Bank shall be accorded by each member the same treatment that it accords to the official communications of any other member. Article 50 Immunities and Privileges of Officers and Employees All Governors, Directors, Alternates, the President, Vice-Presidents and other officers and employees of the Bank, including experts and consultants performing missions or services for the Bank: (i) shall be immune from legal process with respect to acts performed by them in their official capacity, except when the Bank waives the immunity and shall enjoy inviolability of all their official papers, documents and records; (ii) where they are not local citizens or nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements and national service obligations, and the same facilities as regards exchange regulations, as are accorded by members to the representatives, officials and employees of comparable rank of other members; and (iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representatives, officials and employees of comparable rank of other members. Article 51 Exemption from Taxation 1 The Bank, its assets, property, income and its operations and transactions pursuant to this Agreement, shall be exempt from all taxation and from all customs duties. The Bank shall also be exempt from any obligation for the payment, withholding or collection of any tax or duty. 2 No tax of any kind shall be levied on or in respect of salaries, emoluments and expenses, as the case may be, paid by the Bank to Directors, Alternate Directors, the President, Vice-Presidents and other officers or employees of the Bank, including experts and consultants performing missions or services for the Bank, except where a member deposits with its instrument of ratification, acceptance, or approval a declaration that such member retains for itself and its political subdivisions the right to tax salaries, and emoluments , as the Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement case may be, paid by the Bank to citizens or nationals of such member. 3 No tax of any kind shall be levied on any obligation or security issued by the Bank, including any dividend or interest thereon, by whomsoever held: (i) which discriminates against such obligation or security solely because it is issued by the Bank; or (ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Bank. 4 No tax of any kind shall be levied on any obligation or security guaranteed by the Bank, including any dividend or interest thereon, by whomsoever held: (i) which discriminates against such obligation or security solely because it is guaranteed by the Bank; or (ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Bank. Article 52 Waivers 1 The Bank at its discretion may waive any of the privileges, immunities and exemptions conferred under this Chapter in any case or instance, in such manner and upon such conditions as it may determine to be appropriate in the best interests of the Bank. CHAPTER X Amendment, Interpretation and Arbitration Article 53 Amendments 1 This Agreement may be amended only by a resolution of the Board of Governors approved by a Super Majority vote as provided in Article 28. 2 Notwithstanding the provisions of paragraph 1 of this Article, the unanimous agreement of the Board of Governors shall be required for the approval of any amendment modifying: (i) the right to withdraw from the Bank; (ii) the limitations on liability provided in paragraphs 3 and 4 of Article 7; and (iii) the rights pertaining to purchase of capital stock provided in paragraph 4 of Article 5. 3 Any proposal to amend this Agreement, whether emanating from a member or the Board of Directors, shall be Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement communicated to the Chairman of the Board of Governors, who shall bring the proposal before the Board of Governors. When an amendment has been adopted, the Bank shall so certify in an official communication addressed to all members. Amendments shall enter into force for all members three (3) months after the date of the official communication unless the Board of Governors specifies therein a different period. Article 54 Interpretation 1 Any question of interpretation or application of the provisions of this Agreement arising between any member and the Bank, or between two or more members of the Bank, shall be submitted to the Board of Directors for decision. If there is no Director of its nationality on that Board, a member particularly affected by the question under consideration shall be entitled to direct representation in the Board of Directors during such consideration; the representative of such member shall, however, have no vote. Such right of representation shall be regulated by the Board of Governors. 2 In any case where the Board of Directors has given a decision under paragraph 1 of this Article, any member may require that the question be referred to the Board of Governors, whose decision shall be final. Pending the decision of the Board of Governors, the Bank may, so far as it deems necessary, act on the basis of the decision of the Board of Directors. Article 55 Arbitration If a disagreement should arise between the Bank and a country which has ceased to be a member, or between the Bank and any member after adoption of a resolution to terminate the operations of the Bank, such disagreement shall be submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shall be appointed by the Bank, another by the country concerned, and the third, unless the parties otherwise agree, by the President of the International Court of Justice or such other authority as may have been prescribed by regulations adopted by the Board of Governors. A majority vote of the arbitrators shall be sufficient to reach a decision which shall be final and binding upon the parties. The third arbitrator shall be empowered to settle all questions of procedure in any case where the parties are in disagreement with respect thereto. Article 56 Approval Deemed Given Whenever the approval of any member is required before any act may be done by the Bank except under paragraph 2 of Article 53, approval shall be deemed to have been given unless the member presents an objection within such reasonable period as the Bank may fix in notifying the member of the proposed act. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement CHAPTER XI Final Provisions Article 57 Signature and Deposit 1 This Agreement, deposited with the Government of the People’s Republic of China (hereinafter called the “Depository”), shall remain open until December 31, 2015 for signature by the Governments of countries whose names are set forth in Schedule A. 2 The Depository shall send certified copies of this Agreement to all the Signatories and other countries which become members of the Bank. Article 58 Ratification, Acceptance or Approval 1 This Agreement shall be subject to ratification, acceptance or approval by the Signatories. Instruments of ratification, acceptance or approval shall be deposited with the Depository not later than December 31, 2016, or if necessary, until such later date as may be decided by the Board of Governors by a Special Majority vote as provided in Article 28. The Depository shall duly notify the other Signatories of each deposit and the date thereof. 2 A Signatory whose instrument of ratification, acceptance or approval is deposited before the date on which this Agreement enters into force, shall become a member of the Bank, on that date. Any other Signatory which complies with the provisions of the preceding paragraph, shall become a member of the Bank on the date on which its instrument of ratification, acceptance or approval is deposited. Article 59 Entry into Force This Agreement shall enter into force when instruments of ratification, acceptance or approval have been deposited by at least ten (10) Signatories whose initial subscriptions, as set forth in Schedule A to this Agreement, in the aggregate comprise not less than fifty (50) per cent of total of such subscriptions. Article 60 Inaugural Meeting and Commencement of Operations 1 As soon as this Agreement enters into force, each member shall appoint a Governor, and the Depository shall call the inaugural meeting of the Board of Governors. 2 At its inaugural meeting, the Board of Governors: (i) shall elect the President; (ii) shall elect the Directors of the Bank in accordance with paragraph 1 of Article 25, provided that the Board of Governors may decide to elect fewer Directors for an initial period shorter than two years in consideration of the number of members and Signatories which have not yet become members; Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement (iii) shall make arrangements for the determination of the date on which the Bank shall commence its operations; and (iv) shall make such other arrangements as necessary to prepare for the commencement of the Bank’s operations. 3 The Bank shall notify its members of the date of the commencement of its operations. DONE at Beijing, People’s Republic of China on June 29, 2015, in a single original deposited in the archives of the Depository, whose English, Chinese and French texts are equally authentic. SCHEDULE A Initial Subscriptions to the Authorized Capital Stock for Countries Which May Become Members in Accordance with Article 58 PART A. REGIONAL MEMBERS Australia Azerbaijan Bangladesh Brunei Darussalam Cambodia China Georgia India Indonesia Iran Israel Jordan Kazakhstan Korea Kuwait Kyrgyz Republic Lao People’s Democratic Republic Malaysia Maldives Mongolia Myanmar Nepal New Zealand Oman Pakistan Current to June 20, 2022 Number of Shares Capital Subscription (in million $) 36,912 2,541 6,605 524 623 297,804 539 83,673 33,607 15,808 7,499 1,192 7,293 37,388 5,360 268 430 3,691.2 254.1 660.5 52.4 62.3 29,780.4 53.9 8,367.3 3,360.7 1,580.8 749.9 119.2 729.3 3,738.8 536.0 26.8 43.0 1,095 72 411 2,645 809 4,615 2,592 10,341 109.5 7.2 41.1 264.5 80.9 461.5 259.2 1,034.1 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement PART A. REGIONAL MEMBERS Philippines Qatar Russia Saudi Arabia Singapore Sri Lanka Tajikistan Thailand Turkey United Arab Emirates Uzbekistan Vietnam Unallocated TOTAL PART B. NON-REGIONAL MEMBERS Austria Brazil Denmark Egypt Finland France Germany Iceland Italy Luxembourg Malta Netherlands Norway Poland Portugal South Africa Spain Sweden Switzerland United Kingdom Unallocated TOTAL GRAND TOTAL Current to June 20, 2022 Number of Shares Capital Subscription (in million $) 9,791 6,044 65,362 25,446 2,500 2,690 309 14,275 26,099 11,857 2,198 6,633 979.1 604.4 6,536.2 2,544.6 250.0 269.0 30.9 1,427.5 2,609.9 1,185.7 219.8 663.3 16,150 750,000 1,615.0 75,000.0 Number of Shares Capital Subscription (in million $) 5,008 31,810 3,695 6,505 3,103 33,756 44,842 176 25,718 697 136 10,313 5,506 8,318 650 5,905 17,615 6,300 7,064 30,547 500.8 3,181.0 369.5 650.5 310.3 3,375.6 4,484.2 17.6 2,571.8 69.7 13.6 1,031.3 550.6 831.8 65.0 590.5 1,761.5 630.0 706.4 3,054.7 2,336 250,000 1,000,000 233.6 25,000.0 100,000.0 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement SCHEDULE B Election of Directors The Board of Governors shall prescribe rules for the conduct of each election of Directors, in accordance with the following provisions. 1 Constituencies. Each Director shall represent one or more members in a constituency. The total aggregate voting power of each constituency shall consist of the votes which the Director is entitled to cast under paragraph 3 of Article 28. 2 Constituency Voting Power. For each election, the Board of Governors shall establish a Minimum Percentage for constituency voting power for Directors to be elected by Governors representing regional members (Regional Directors) and a Minimum Percentage for constituency voting power for Directors to be elected by Governors representing non-regional members (Non-Regional Directors). (a) The Minimum Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing regional members (Regional Governors). The initial Minimum Percentage for Regional Directors shall be 6%. (b) The Minimum Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Governors representing non-regional members (Non-Regional Governors). The initial Minimum Percentage for Non-Regional Directors shall be 15%. 3 Adjustment Percentage. In order to adjust voting power across constituencies when subsequent rounds of balloting are required under paragraph 7 below, the Board of Governors shall establish, for each election, an Adjustment Percentage for Regional Directors and an Adjustment Percentage for Non-Regional Directors. Each Adjustment Percentage shall be higher than the corresponding Minimum Percentage. (a) The Adjustment Percentage for Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Regional Governors. The initial Adjustment Percentage for Regional Directors shall be 15%. (b) The Adjustment Percentage for Non-Regional Directors shall be set as a percentage of the total votes eligible to be cast in the election by the Non-Regional Governors. The initial Adjustment Percentage for Non-Regional Directors shall be 60%. 4 Number of Candidates. For each election, the Board of Governors shall establish the number of Regional Directors and Non-Regional Directors to be elected, in light of its decisions on the size and composition of the Board of Directors pursuant to paragraph 2 of Article 25. (a) The initial number of Regional Directors shall be nine. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement (b) The initial number of Non-Regional Directors shall be three. 5 Nominations. Each Governor may only nominate one person. Candidates for the office of Regional Director shall be nominated by Regional Governors. Candidates for the office of Non-Regional Director shall be nominated by Non-Regional Governors. 6 Voting. Each Governor may vote for one candidate, casting all of the votes to which the member appointing him is entitled under paragraph 1 of Article 28. The election of Regional Directors shall be by ballot of Regional Governors. The election of Non-Regional Directors shall be by ballot of Non-Regional Governors. 7 First Ballot. On the first ballot, candidates receiving the highest number of votes, up to the number of Directors to be elected, shall be elected as Directors, provided that, to be elected, a candidate shall have received a sufficient number of votes to reach the applicable Minimum Percentage. (a) If the required number of Directors is not elected on the first ballot, and the number of candidates was the same as the number of Directors to be elected, the Board of Governors shall determine the subsequent actions to complete the election of Regional Directors or the election of Non-Regional Directors, as the case may be. 8 Subsequent Ballots. If the required number of Directors is not elected on the first ballot, and there were more candidates than the number of Directors to be elected on the ballot, there shall be subsequent ballots, as necessary. For subsequent ballots: (a) The candidate receiving the lowest number of votes in the preceding ballot shall not be a candidate in the next ballot. (b) Votes shall be cast only by: (i) Governors who voted in the preceding ballot for a candidate who was not elected; and (ii) Governors whose votes for a candidate who was elected are deemed to have raised the votes for that candidate above the applicable Adjustment Percentage under (c) below. (c) The votes of all the Governors who cast votes for each candidate shall be added in descending order of number, until the number of votes representing the applicable Adjustment Percentage has been exceeded. Governors whose votes were counted in that calculation shall be deemed to have cast all their votes for that Director, including the Governor whose votes brought the total over the Adjustment Percentage. The remaining Governors whose votes were not counted in that calculation shall be deemed to have raised the candidate’s total votes above the Adjustment Percentage, and the votes of those Governors shall not count towards the election of that candidate. These remaining Governors may vote in the next ballot. (d) If in any subsequent ballot, only one Director remains to be elected, the Director may be elected by a simple majority of the remaining votes. All such remaining votes shall be deemed to have counted towards the election of the last Director. Current to June 20, 2022 Asian Infrastructure Investment Bank Agreement Act SCHEDULE Asian Infrastructure Investment BankArticles of Agreement 9 Assignment of Votes. Any Governor who does not participate in voting for the election or whose votes do not contribute to the election of a Director may assign the votes to which he is entitled to an elected Director, provided that such Governor shall first have obtained the agreement of all those Governors who have elected that Director to such assignment. 10 Founding Member Privileges. The nomination and voting by Governors for Directors and the appointment of Alternate Directors by Directors shall respect the principle that each Founding Member shall have the privilege to designate the Director or an Alternate Director in its constituency permanently or on a rotating basis. Current to June 20, 2022

CONSOLIDATION Agreement on Internal Trade Implementation Act [Repealed, 2017, c. 33, s. 228] 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 to implement the Agreement on Internal Trade Current to June 20, 2022 Last amended on December 14, 2017 ii

CONSOLIDATION Accessible Canada Act S.C. 2019, c. 10 Current to June 20, 2022 Last amended on July 11, 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 11, 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 11, 2019 TABLE OF PROVISIONS An Act to ensure a barrier-free Canada Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Designation 4 Designation of Minister Purpose of Act 5 Purpose 5.1 Clarification 5.2 Interpretation Principles 6 Principles Application 7 Application Non-application Canadian Forces Royal Canadian Mounted Police PART 1 Minister’s Powers, Duties and Functions 11 Mandate Minister’s powers, duties and functions Policies, programs and projects Grants and contributions Information Current to June 20, 2022 Last amended on July 11, 2019 ii Accessible Canada TABLE OF PROVISIONS Coordination with provincial and territorial authorities PART 2 Canadian Accessibility Standards Development Organization Establishment 17 Canadian Accessibility Standards Development Organization Mandate 18 Mandate Powers 19 Powers Other powers Minister 21 Ministerial directions Board of Directors 22 Establishment and composition Appointment and tenure Remuneration and expenses Benefits Role of board of directors By-laws Advisory and other committees Chair 29 Role of Chair Chief Executive Officer 30 Appointment Role of Chief Executive Officer Committees Human Resources 33 Officers and employees General 34 Recommended standards to be made public Inventions Annual Report 36 Duty to submit Current to June 20, 2022 Last amended on July 11, 2019 iv Accessible Canada TABLE OF PROVISIONS PART 3 Accessibility Commissioner 37 Provision of information or advice Special report Annual report Delegation to any person Immunity PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Requirements Under the Broadcasting Act 42 Initial accessibility plan Feedback 43 Establishment of process Progress Reports 44 Obligation Regulations 45 Regulations Exemptions 46 Power to exempt Accessibility Plans — Regulations Under This Act 47 Initial accessibility plan Feedback 48 Establishment of process Progress Reports 49 Obligation Exemptions 50 Power to exempt Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Requirements Under the Telecommunications Act 51 Initial accessibility plan Current to June 20, 2022 Last amended on July 11, 2019 v Accessible Canada TABLE OF PROVISIONS Feedback 52 Establishment of process Progress Reports 53 Obligation Regulations 54 Regulations Exemptions 55 Power to exempt Accessibility Plans — Regulations Under This Act 56 Initial accessibility plan Feedback 57 Establishment of process Progress Reports 58 Obligation Exemptions 59 Power to exempt Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act 60 Initial accessibility plan Feedback 61 Establishment of process Progress Reports 62 Obligation Regulations 63 Regulations Exemptions 64 Power to exempt Accessibility Plans — Regulations Under This Act 65 Initial accessibility plan Feedback 66 Establishment of process Progress Reports 67 Obligation Exemptions 68 Power to exempt Current to June 20, 2022 Last amended on July 11, 2019 v Accessible Canada TABLE OF PROVISIONS Other Regulated Entities Accessibility Plans — Regulations Under This Act 69 Initial accessibility plan Feedback 70 Establishment of process Progress Reports 71 Obligation Exemptions 72 Power to exempt PART 5 Administration and Enforcement Inspections 73 Power to enter Production Order 74 Power to order production Compliance Order 75 Power to order termination of contravention Request for review Administrative Monetary Penalties 77 Commission — regulated entity Purpose of penalty Issuance of notice of violation Warning — right to request review Notices with penalty — payment Entering into compliance agreements Refusal to enter into compliance agreement Review — with respect to facts Certain defences not available Party to violation Employees or agents or mandataries Continuing violation Evidence Limitation period or prescription Regulations Powers regarding notices of violation Publication Current to June 20, 2022 Last amended on July 11, 2019 vi Accessible Canada TABLE OF PROVISIONS PART 6 Remedies Filing of Complaint 94 Right to file complaint Investigation 95 Power to conduct investigation Notice Joint investigation Powers of Accessibility Commissioner Dispute resolution mechanisms Discontinuance of investigation Complaint dismissed Complaint substantiated Review by Accessibility Commissioner Appeal Assignment of member Decision Report of activities Regulations General 109 Duty to act informally and expeditiously Disclosure of personal information PART 7 Chief Accessibility Officer Appointment 111 Special advisor Remuneration and Expenses 112 Remuneration and expenses Duties and Functions 113 Advice Special report Assistance Annual report Current to June 20, 2022 Last amended on July 11, 2019 vi Accessible Canada TABLE OF PROVISIONS PART 8 General Regulations 117 Regulations Limited application — broadcasting Limited application — telecommunications Limited application — transportation Exemption 121.1 For greater certainty Miscellaneous 122 Collaboration — complaints, applications and grievances Collaboration — policies and practices Obstruction False statements — Accessibility Commissioner False statements — records, reports, etc. Section 126 of Criminal Code Debts to Her Majesty Certificate of default Enforcement of order Review by Senate and House of Commons Independent review National AccessAbility Week 133 Designation PART 9 Parliamentary Entities Definition and Application 134 Definition of parliamentary entity Application of other Parts Constituency offices Parliamentary Powers, Privileges and Immunities 137 Powers, privileges and immunities Application 138 Application of Part 4 Application of Part 5 — inspection Contravention — parliamentary entity Application of Part 6 Current to June 20, 2022 Last amended on July 11, 2019 ix Accessible Canada TABLE OF PROVISIONS Application of Part 8 — regulations Notification of Speakers 143 Notification — entrance into place Notification — appeal under subsection 104(1) Non-compliance with compliance order Tabling by Speaker PART 10 Related Amendments Canadian Radio-television and Telecommunications Commission Act Canadian Human Rights Act Parliamentary Employment and Staff Relations Act Broadcasting Act Telecommunications Act Canada Transportation Act Federal Public Sector Labour Relations Act Public Service Employment Act PART 11 Consequential and Coordinating Amendments Consequential Amendments Access to Information Act Financial Administration Act Privacy Act Coordinating Amendments PART 12 Coming into Force *206 Order in council Current to June 20, 2022 Last amended on July 11, 2019 x S.C. 2019, c. 10 An Act to ensure a barrier-free Canada [Assented to 21st June 2019] Preamble Whereas the Canadian Charter of Rights and Freedoms guarantees the right to the equal protection and equal benefit of the law without discrimination and, in particular, discrimination on the basis of disability; Whereas the Canadian Human Rights Act recognizes that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated without discrimination and, in particular, discrimination on the basis of disability; Whereas a proactive and systemic approach for identifying, removing and preventing barriers to accessibility without delay complements the rights of persons with disabilities under the Canadian Human Rights Act; Whereas Canada is a State Party to the United Nations Convention on the Rights of Persons with Disabilities and Canada has agreed to take appropriate measures respecting accessibility and to develop and monitor minimum accessibility standards; Whereas barriers to accessibility can impact all persons in Canada, in particular those with disabilities and their families, and can prevent persons with disabilities from achieving their full and equal participation in society; And whereas Parliament considers that it is essential to ensure the economic, social and civic participation of all persons in Canada, regardless of their disabilities, and to allow them to fully exercise their rights and responsibilities in a barrier-free Canada; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act Short Title Sections 1-2 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 Accessible Canada Act. Interpretation Definitions 2 The following definitions apply in this Act. Accessibility Commissioner means the member of the Canadian Human Rights Commission that is appointed under subsection 26(1) of the Canadian Human Rights Act and that is referred to in that Act as the “Accessibility Commissioner”. (commissaire à l’accessibilité) barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. (obstacle) broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act. (entreprise de radiodiffusion) Canadian carrier has the same meaning as in subsection 2(1) of the Telecommunications Act. (entreprise canadienne) disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. (handicap) Minister means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre) personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels) regulated entity means an entity or person referred to in subsection 7(1). (entité réglementée) Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act Interpretation Sections 2-5 Standards Organization means the Canadian Accessibility Standards Development Organization established under subsection 17(1). (organisation de normalisation) telecommunications service provider has the same meaning as in subsection 2(1) of the Telecommunications Act. (fournisseur de services de télécommunication) Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada. Designation Designation of Minister 4 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act. Purpose of Act Purpose 5 The purpose of this Act is to benefit all persons, especially persons with disabilities, through the realization, within the purview of matters coming within the legislative authority of Parliament, of a Canada without barriers, on or before January 1, 2040, particularly by the identification and removal of barriers, and the prevention of new barriers, in the following areas: (a) employment; (b) the built environment; (c) information and communication technologies; (c.1) communication, other than information and communication technologies; (d) the procurement of goods, services and facilities; (e) the design and delivery of programs and services; (f) transportation; and Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act Purpose of Act Sections 5-6 (g) areas designated under regulations made under paragraph 117(1)(b). Clarification 5.1 (1) The area of communication referred to in paragraph 5(c.1) (a) includes the use of American Sign Language, Quebec Sign Language and Indigenous sign languages; and (b) does not include broadcasting as defined in subsection 2(1) of the Broadcasting Act or telecommunications as defined in subsection 2(1) of the Telecommunications Act. Recognition of sign languages (2) American Sign Language, Quebec Sign Language and Indigenous sign languages are recognized as the primary languages for communication by deaf persons in Canada. Interpretation 5.2 Nothing in this Act, including its purpose of the realization of a Canada without barriers, should be construed as requiring or authorizing any delay in the removal of barriers or the implementation of measures to prevent new barriers as soon as is reasonably possible. Principles Principles 6 This Act is to be carried out in recognition of, and in accordance with, the following principles: (a) all persons must be treated with dignity regardless of their disabilities; (b) all persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities; (c) all persons must have barrier-free access to full and equal participation in society, regardless of their disabilities; (d) all persons must have meaningful options and be free to make their own choices, with support if they desire, regardless of their disabilities; (e) laws, policies, programs, services and structures must take into account the disabilities of persons, the Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act Principles Sections 6-7 different ways that persons interact with their environments and the multiple and intersecting forms of marginalization and discrimination faced by persons; (f) persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures; and (g) the development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities. Application Application 7 (1) This Act applies to the following entities and persons: (a) each entity named or set out in any of Schedules I to V to the Financial Administration Act; (b) each Crown corporation, as defined in subsection 83(1) of the Financial Administration Act that is not referred to in Schedule III to that Act; (c) every portion of the federal public administration that is designated under subsection (3); (d) the Canadian Forces; (e) any person, partnership or unincorporated organization that operates a work or carries on an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; and (f) any entity or person — including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor — that acts in the name of, or for the benefit of, any entity or person in the operation of a work or carrying on of an undertaking or business that is within the legislative authority of Parliament, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut. Parliamentary entities (2) This Act also applies, to the extent provided for in Part 9, to the entities referred to in the definition of parliamentary entity in section 134. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act Application Sections 7-11 Designation (3) For the purposes of paragraph (1)(c), the Governor in Council may, by order, designate any portion of the federal public administration that is not named or set out in any of Schedules I to V to the Financial Administration Act. Non-application 8 Nothing in this Act applies to the Yukon Government, the Government of the Northwest Territories or the Government of Nunavut or a corporation established to perform any function or duty on behalf of any of those Governments. Canadian Forces 9 Nothing in this Act is to be construed as affecting the principle of universality of service under which members of the Canadian Forces must at all times and under any circumstances perform any functions that they may be required to perform. Royal Canadian Mounted Police 10 Nothing in this Act is to be construed as affecting the principle that certain physical and other qualifications are necessary for appointment under the Royal Canadian Mounted Police Act or to prevent the establishment of requirements that are necessary to carry out functions and duties within the Royal Canadian Mounted Police. PART 1 Minister’s Powers, Duties and Functions Mandate 11 (1) The Minister’s mandate is the realization of a Canada without barriers on or before January 1, 2040. Powers (2) In carrying out his or her mandate, the Minister may, among other things, (a) provide information, advice and assistance in relation to matters relating to accessibility; and (b) promote, support and conduct research into the identification and removal of barriers and the prevention of new barriers. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 1 Minister’s Powers, Duties and Functions Sections 12-17 Minister’s powers, duties and functions 12 The Minister’s powers, duties and functions extend to and include all matters relating to accessibility over which Parliament has jurisdiction and that are not by law assigned to any other Minister or to any department, board or agency of the Government of Canada. Policies, programs and projects 13 The Minister may initiate, recommend, implement and promote policies, programs and projects in relation to matters relating to accessibility. Grants and contributions 14 The Minister may make grants and contributions in support of the Minister’s programs and projects in relation to matters relating to accessibility. Information 15 Subject to the Statistics Act, the Minister may collect, analyse, interpret, publish and distribute information in relation to matters relating to accessibility. Coordination with provincial and territorial authorities 16 The Minister must make every reasonable effort to collaborate with provincial or territorial authorities with a view to coordinating efforts in relation to matters relating to accessibility. PART 2 Canadian Accessibility Standards Development Organization Establishment Canadian Accessibility Standards Development Organization 17 (1) A corporation is established to be known as the Canadian Accessibility Standards Development Organization. Agent of Her Majesty (2) The Standards Organization is an agent of Her Majesty in right of Canada. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Establishment Sections 17-19 Head office (3) The head office of the Standards Organization is to be at a place in Canada that is designated by the Governor in Council. Mandate Mandate 18 The Standards Organization’s mandate is to contribute to the realization of a Canada without barriers, on or before January 1, 2040, through, among other things, (a) the development and revision of accessibility standards; (b) the recommendation of accessibility standards to the Minister; (c) the provision of information, products and services in relation to the accessibility standards that it has developed or revised; (d) the promotion, support and conduct of research into the identification and removal of barriers and the prevention of new barriers; and (e) the dissemination of information, including information about best practices, in relation to the identification and removal of barriers and the prevention of new barriers. Powers Powers 19 The Standards Organization, in carrying out its mandate, may (a) enter into contracts, agreements or other arrangements with any person or entity, including any government, in the name of Her Majesty in right of Canada or in its own name; (b) make grants and contributions; (c) establish and register its own marks under the Trademarks Act and authorize and regulate their use subject to that Act; (d) license, sell or otherwise make available any patent, copyright, industrial design, trademark or other similar property right that it holds, controls or administers; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Powers Sections 19-23 (e) charge a fee for any accessibility standard that it develops or revises and any information, product or service that it provides under this Act; (f) spend any money that it receives through its activities, in the fiscal year in which the money is received or in the subsequent fiscal year; (g) acquire any money, securities or other personal or movable property by gift or bequest and expend, administer or dispose of the property subject to the terms, if any, on which the gift or bequest was made; and (h) undertake any other activities that it considers conducive to the furtherance of its mandate and the exercise of its powers. 2019, c. 10, s. 19; 2019, c. 10, s. 205(E). Other powers 20 The Standards Organization may develop accessibility standards for — or provide any information, product or service related to accessibility standards to — any person or entity, including any government in Canada or elsewhere. Minister Ministerial directions 21 (1) The Minister may issue general directions to the Standards Organization respecting the carrying out of its mandate. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to directions issued under subsection (1). Board of Directors Establishment and composition 22 The Standards Organization is to have a board of directors consisting of not more than 11 directors, including a Chair and a Vice-Chair. Appointment and tenure 23 (1) The directors are to be appointed by the Governor in Council to hold office on a part-time basis and Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Board of Directors Sections 23-25 during pleasure for a term of not more than four years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the directors. Appointment considerations (2) The appointment of directors is to be made having regard to the following considerations: (a) that at all times, as far as possible, the majority of the directors are persons with disabilities; (b) the importance of having directors that are representative of the diversity of Canadian society; and (c) the importance of having directors that are representative of the diversity of disabilities faced by Canadians. Persons not eligible for appointment (3) A person is not eligible to be appointed or to continue as a director if the person (a) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (b) is a member of the Senate or House of Commons or a member of a provincial or territorial legislature; or (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory. Reappointment (4) A director is eligible for reappointment in the same or another capacity. Remuneration and expenses 24 A 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 while absent from their ordinary place of residence in the course of performing their duties under this Act. Benefits 25 A director is deemed to be an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Board of Directors Sections 26-29 Role of board of directors 26 The board of directors is responsible for (a) setting the strategic direction for the Standards Organization; (b) supervising and managing the Standards Organization’s activities and affairs; and (c) advising the Chief Executive Officer on matters relating to the Standards Organization’s mandate. By-laws 27 (1) The board of directors may make by-laws respecting the carrying out of its activities and the conduct of its affairs. Copy to Minister (2) The board of directors must send a copy of every bylaw to the Minister. Advisory and other committees 28 The board of directors may, in accordance with the by-laws, appoint advisory or other committees. Chair Role of Chair 29 (1) The Chair presides over meetings of the board of directors and performs any other duties that are assigned by the board. Absence or incapacity of Chair (2) In the event of the absence or incapacity of the Chair, or a vacancy in that office, the Vice-Chair acts as Chair. Absence or incapacity of Chair and Vice-Chair (3) In the event of the absence or incapacity of the Chair and the Vice-Chair or a vacancy in both those offices, the Minister may authorize another director to act as Chair, but no director so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Chief Executive Officer Sections 30-32 Chief Executive Officer Appointment 30 (1) The Chief Executive Officer of the Standards Organization is to be appointed by the Governor in Council to hold office on a full-time basis during pleasure for a term of up to five years. Reappointment (2) The Chief Executive Officer is eligible for reappointment. Remuneration and expenses (3) The Chief Executive Officer 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 while absent from his or her ordinary place of work in the course of performing his or her duties under this Act. Benefits (4) The Chief Executive Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act. Role of Chief Executive Officer 31 (1) The Chief Executive Officer is responsible for the Standards Organization’s day-to-day operations. Rank of deputy head (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department. Absence or incapacity of Chief Executive Officer (3) In the event of the absence or incapacity of the Chief Executive Officer, or a vacancy in that office, the Minister may authorize any person to act as Chief Executive Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval. Committees 32 (1) The Chief Executive Officer may establish committees to assist in the development and revision of accessibility standards. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 2 Canadian Accessibility Standards Development Organization Chief Executive Officer Sections 32-37 Public notice (2) As soon as feasible after establishing a committee, the Chief Executive Officer must make the committee’s terms of reference and the names of its members available to the public. Human Resources Officers and employees 33 Officers and employees necessary for the proper conduct of the work of the Standards Organization are to be appointed in accordance with the Public Service Employment Act. General Recommended standards to be made public 34 The Standards Organization must make available to the public every accessibility standard that it recommends to the Minister under paragraph 18(b). Inventions 35 Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Standards Organization and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Standards Organization. Annual Report Duty to submit 36 (1) The Standards Organization must, within three months after the end of each fiscal year, submit a report on its activities in that fiscal year to the Minister. Tabling (2) The Minister must 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 report is received by the Minister. PART 3 Accessibility Commissioner Provision of information or advice 37 The Accessibility Commissioner may provide information or advice to the Minister in respect of issues Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 3 Accessibility Commissioner Sections 37-40 arising from the administration and enforcement of this Act. Special report 38 (1) The Accessibility Commissioner may report in writing to the Minister in respect of issues arising from the administration and enforcement of this Act. Publication (2) The Accessibility Commissioner may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister. Annual report 39 (1) The Accessibility Commissioner must, within three months after the end of each fiscal year, submit a report on his or her activities under this Act during that year to the Minister and provide the Minister of Justice with a copy of the report. Contents (2) The report must include (a) information about the following in respect of the fiscal year, including their number: (i) inspections conducted under section 73, (ii) orders made under section 74, (iii) orders made under section 75, (iv) notices of violation issued under section 79, and (v) complaints filed under subsection 94(1); (b) the Accessibility Commissioner’s observations about whether the information referred to in paragraph (a) discloses any systemic or emerging accessibility issues; and (c) information prescribed in regulations made under subsection 117(1). Tabling (3) The Minister must 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 report is received by the Minister. Delegation to any person 40 (1) Subject to subsection (2), the Accessibility Commissioner may delegate, subject to any restrictions or Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 3 Accessibility Commissioner Sections 40-41 limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 37 to 39, 76, 82, 84, 93, 95 to 103 and 110 and subsections 140(5), (7) and (8) and the power to delegate under this subsection and subsection (2) — to any person, other than the Chief Commissioner of the Canadian Human Rights Commission. Delegation to member or staff of Commission (2) The Accessibility Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under sections 93 and 95 to 103 to another member of the Canadian Human Rights Commission — other than the Chief Commissioner — or to a member of the staff of that Commission. Consultation (3) The Accessibility Commissioner must consult with the Chief Commissioner before delegating any power, duty or function to a member of the Canadian Human Rights Commission. Certificate of delegation — subsection (1) (4) Each person to whom powers, duties or functions are delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1), the person must, on request, produce the certificate to the occupant or person in charge of the place. Certificate of delegation — subsection (2) (5) Each person to whom powers, duties or functions are delegated under subsection (2) must be provided with a certificate of delegation in the form established by the Accessibility Commissioner and, if the person enters any place under subsection 73(1) or paragraph 98(d), the person must, on request, produce the certificate to the occupant or person in charge of the place. Immunity 41 No action or other proceeding of a civil nature lies against the Accessibility Commissioner, or any person acting on behalf or under the direction of the Accessibility Commissioner, in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Act. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Section 42 PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Requirements Under the Broadcasting Act Initial accessibility plan 42 (1) A regulated entity that carries on a broadcasting undertaking must, before the expiry of one year after the day fixed or determined by regulations made under subsection 45(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e), the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e) and, if it is not subject to the Employment Equity Act, employment equity; (b) the conditions of the regulated entity’s licence issued under Part II of the Broadcasting Act that relate to the identification and removal of barriers and the prevention of new barriers; (c) the provisions of any order made under subsection 9(4) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity; and (d) the provisions of any regulations made under subsection 10(1) of that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 45(1), an updated version of its accessibility plan Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Requirements Under the Broadcasting Act Section 42 no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition, order or regulation referred to in paragraphs (1)(b) to (d) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 45(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 45(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Feedback Sections 43-44 Feedback Establishment of process 43 (1) A regulated entity referred to in subsection 42(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 45(1). Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of the description of every version of its process. Progress Reports Obligation 44 (1) A regulated entity referred to in subsection 42(1) must prepare and publish, in accordance with this Act and regulations made under subsection 45(1), a progress report respecting its implementation of its accessibility plan. Notice to Commission (2) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 45(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Progress Reports Sections 44-45 through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 45(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 45(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Regulations Regulations 45 (1) The Canadian Radio-television and Telecommunications Commission may make regulations (a) fixing or determining, for the purposes of subsection 42(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 42(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 43(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 43(1) are to be published; (d) specifying the form in which progress reports required by subsection 44(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by any of subsections 42(3), (7) and (8), 43(3) and 44(2), (6) and (7). Obligation (1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Regulations Sections 45-47 begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities. Exemptions Power to exempt 46 (1) The Canadian Radio-television and Telecommunications Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 42 to 44, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Accessibility Plans — Regulations Under This Act Initial accessibility plan 47 (1) A regulated entity referred to in subsection 42(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as that paragraph applies in respect of the areas referred to in those paragraphs; and (b) the provisions of regulations made under subsection 117(1) that apply to it. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Regulations Under This Act Section 47 Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Accessibility Plans — Regulations Under This Act Sections 47-49 Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 48 (1) A regulated entity referred to in subsection 42(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process. Progress Reports Obligation 49 (1) A regulated entity referred to in subsection 42(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan. Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Carry On Broadcasting Undertakings Progress Reports Sections 49-50 Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Exemptions Power to exempt 50 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 47 to 49, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Section 51 Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Requirements Under the Telecommunications Act Initial accessibility plan 51 (1) A regulated entity that is a Canadian carrier or a telecommunications service provider must, before the expiry of one year after the day fixed or determined by regulations made under subsection 54(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under that subsection, an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(c), (d) and (e) and the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs (d) and (e); (b) the conditions imposed under section 24 or 24.1 of the Telecommunications Act to which the regulated entity is subject that relate to the identification and removal of barriers and the prevention of new barriers; and (c) the provisions of any regulations made under that Act that relate to the identification and removal of barriers and the prevention of new barriers and that apply to the regulated entity. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 54(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of every version of its accessibility plan. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Requirements Under the Telecommunications Act Sections 51-52 Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in a condition or regulation referred to in paragraphs (1)(b) and (c) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 54(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 54(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 52 (1) A regulated entity referred to in subsection 51(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with the regulated entity. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Feedback Sections 52-53 Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 54(1). Notice to Commission (3) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of the description of every version of its process. Progress Reports Obligation 53 (1) A regulated entity referred to in subsection 51(1) must prepare and publish, in accordance with this Act and regulations made under subsection 54(1), a progress report respecting its implementation of its accessibility plan. Notice to Commission (2) The regulated entity must notify the Canadian Radiotelevision and Telecommunications Commission, within the time and in the manner prescribed in regulations made under subsection 54(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 54(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Progress Reports Sections 53-54 Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 54(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Regulations Regulations 54 (1) The Canadian Radio-television and Telecommunications Commission may make regulations (a) fixing or determining, for the purposes of subsection 5(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 51(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 52(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 52(1) are to be published; (d) specifying the form in which progress reports required by subsection 53(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by any of subsections 51(3), (7) and (8), 52(3) and 53(2), (6) and (7). Obligation (1.1) The Canadian Radio-television and Telecommunications Commission must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Exemptions Sections 55-56 Exemptions Power to exempt 55 (1) The Canadian Radio-television and Telecommunication Commission may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 51 to 53, on any terms that the Commission considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Accessibility Plans — Regulations Under This Act Initial accessibility plan 56 (1) A regulated entity referred to in subsection 51(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs; and (b) the provisions of regulations made under subsection 117(1) that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Accessibility Plans — Regulations Under This Act Sections 56-57 Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 57 (1) A regulated entity referred to in subsection 51(1) must establish a process for receiving feedback about the following and for dealing with that feedback: Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Feedback Sections 57-58 (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process. Progress Reports Obligation 58 (1) A regulated entity referred to in subsection 51(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan. Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities That Are Canadian Carriers or Telecommunications Service Providers Progress Reports Sections 58-60 make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Exemptions Power to exempt 59 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 56 to 58, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act Initial accessibility plan 60 (1) A regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act must, before the expiry of one year after the day fixed or determined by regulations made under subsection 63(1) that apply to that regulated entity, prepare and publish, in accordance Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act Section 60 with this Act and regulations made under subsection 63(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in (i) the areas referred to in paragraphs 5(c) and (d) to (f), (ii) the built environment, to the extent that the built environment is a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger station, bus passenger station or marine passenger terminal, and (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(c) and (d) to (f) and to the built environment referred to in subparagraph (ii); and (b) the provisions of regulations made under subsection 170(1) of the Canada Transportation Act that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 63(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Agency (3) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 170(1) of the Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under the Canada Transportation Act Sections 60-61 Canada Transportation Act unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 63(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 63(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 61 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 63(1). Notice to Agency (3) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of the description of every version of its process. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Progress Reports Section 62 Progress Reports Obligation 62 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 63(1), a progress report respecting its implementation of its accessibility plan. Notice to Agency (2) The regulated entity must notify the Canadian Transportation Agency, within the time and in the manner prescribed in regulations made under subsection 63(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 63(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 63(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Regulations Sections 63-64 Regulations Regulations 63 (1) The Canadian Transportation Agency may, with the approval of the Governor in Council given on the recommendation of the Minister of Transport, make regulations (a) fixing or determining, for the purposes of subsection 60(1), a day in respect of a regulated entity; (b) specifying the form in which accessibility plans required by subsections 60(1) and (2) are to be prepared and the manner in which they are to be published; (b.1) respecting the feedback process required by subsection 61(1); (c) specifying the form and manner in which descriptions of the feedback process required by subsection 61(1) are to be published; (d) specifying the form in which progress reports required by subsection 62(1) are to be prepared and the time and manner in which they are to be published; and (e) prescribing anything that is to be prescribed by any of subsections 60(2), (3), (7) and (8), 61(3) and 62(2), (6) and (7). Obligation (1.1) The Canadian Transportation Agency must make at least one regulation under subsection (1) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities. Exemptions Power to exempt 64 (1) The Canadian Transportation Agency, with the approval of the Minister of Transport, may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 60 to 62, on any terms that the Agency considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Exemptions Sections 64-65 Non-application of Statutory Instruments Act (2) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Accessibility Plans — Regulations Under This Act Initial accessibility plan 65 (1) A regulated entity referred to in subsection 60(1) must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in (i) the areas referred to in paragraphs 5(a) and (g), (ii) the built environment, other than passenger aircraft, passenger trains, passenger buses, passenger vessels, aerodrome passenger terminals, railway passenger stations, bus passenger stations or marine passenger terminals, and (iii) the area referred to in paragraph 5(c.1) as it relates to the areas referred to in paragraphs 5(a) and (g) and to the built environment referred to in subparagraph (ii); and (b) the provisions of regulations made under subsection 117(1) that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Accessibility Plans — Regulations Under This Act Sections 65-66 Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 66 (1) A regulated entity referred to in subsection 60(1) must establish a process for receiving feedback about the following and for dealing with that feedback: Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Feedback Sections 66-67 (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process. Progress Reports Obligation 67 (1) A regulated entity referred to in subsection 60(1) must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan. Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Regulated Entities in the Transportation Network Progress Reports Sections 67-69 make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Exemptions Power to exempt 68 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 65 to 67, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Other Regulated Entities Accessibility Plans — Regulations Under This Act Initial accessibility plan 69 (1) A regulated entity – other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must, before the expiry of one year after the day fixed or determined by regulations made under subsection 117(1) that apply to that regulated entity, prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an accessibility plan respecting Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Accessibility Plans — Regulations Under This Act Section 69 (a) its policies, programs, practices and services in relation to the identification and removal of barriers, and the prevention of new barriers, in the areas referred to in paragraphs 5(a) to (g); and (b) the provisions of regulations made under subsection 117(1) that apply to it. Updated accessibility plan (2) The regulated entity must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), an updated version of its accessibility plan no later than the third anniversary of the day on which the plan was last published or before the expiry of the applicable period prescribed by regulations made under that subsection. Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of every version of its accessibility plan. Duty to consult (4) The regulated entity must consult persons with disabilities in the preparation of its accessibility plan and every updated version of its accessibility plan. Manner of consultation (5) The accessibility plan must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of the plan. Applicable requirements (6) The accessibility plan need not address a requirement that applies to the regulated entity and that is set out in regulations made under subsection 117(1) unless the requirement has been in force at least three months before the day on which the accessibility plan must be published. Duty to make plan available on request (7) If a person makes a request in accordance with subsection (8), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its accessibility plan available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (8) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Accessibility Plans — Regulations Under This Act Sections 69-71 and must indicate the format prescribed by regulations made under that subsection in which the accessibility plan is to be made available to the person making the request. Principles (9) The regulated entity must take into account the principles set out in section 6 when it prepares an accessibility plan or an updated version of its accessibility plan. Feedback Establishment of process 70 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must establish a process for receiving feedback about the following and for dealing with that feedback: (a) the manner in which the regulated entity is implementing its accessibility plan; and (b) the barriers encountered by the regulated entity’s employees and by other persons that deal with the regulated entity. Publication (2) The regulated entity must publish a description of its process in accordance with regulations made under subsection 117(1). Notice to Accessibility Commissioner (3) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of the description of every version of its process. Progress Reports Obligation 71 (1) A regulated entity — other than a regulated entity referred to in any of subsections 42(1), 51(1) and 60(1) — must prepare and publish, in accordance with this Act and regulations made under subsection 117(1), a progress report respecting its implementation of its accessibility plan. Notice to Accessibility Commissioner (2) The regulated entity must notify the Accessibility Commissioner, within the time and in the manner prescribed in regulations made under subsection 117(1), of the publication of its progress report. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Progress Reports Sections 71-72 Duty to consult (3) The regulated entity must consult persons with disabilities in the preparation of its progress report. Manner of consultation (4) The progress report must set out the manner in which the regulated entity consulted persons with disabilities in the preparation of its progress report. Feedback information (5) The progress report must set out information concerning the feedback received by the regulated entity through its feedback process and how that feedback was taken into consideration. Duty to make progress report available on request (6) If a person makes a request in accordance with subsection (7), the regulated entity must, within the time prescribed by regulations made under subsection 117(1), make its progress report available to the person in the format prescribed by regulations made under that subsection that is indicated in the request. Conditions (7) The request must be made in the form and manner prescribed by regulations made under subsection 117(1) and must indicate the format prescribed by regulations made under that subsection in which the progress report is to be made available to the person making the request. Exemptions Power to exempt 72 (1) The Minister may, by order, exempt any regulated entity or class of regulated entities from the application of all or any part of sections 69 to 71, on any terms that the Minister considers necessary. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under subsection (1) in respect of a regulated Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 4 Duties of Regulated Entities Other Regulated Entities Exemptions Sections 72-73 entity, but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. PART 5 Administration and Enforcement Inspections Power to enter 73 (1) Subject to subsection (7), the Accessibility Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), enter any place, including a conveyance, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose. Other powers (2) The Accessibility Commissioner may, for that purpose, (a) open and examine any receptacle or package found in the place; (b) examine anything found in the place; (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it; (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c); (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output; (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying; (g) use or cause to be used any copying equipment at the place to make copies of any document; (h) take photographs and make recordings and sketches; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Inspections Section 73 (i) order the owner or person having possession of any thing to which any provision of regulations made under subsection 117(1) applies that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement; (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement; (k) order any person in that place to establish their identity to the Accessibility Commissioner’s satisfaction, or to the satisfaction of the Accessibility Commissioner’s delegate, as the case may be; and (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection. Means of telecommunication (3) For the purposes of subsection (1), the Accessibility Commissioner is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — place not accessible to the public (4) The Accessibility Commissioner who, by a means of telecommunication, accesses remotely 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 must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1). Accompanying individual (5) The Accessibility Commissioner may be accompanied by any other individual the Accessibility Commissioner believes is necessary to help him or her exercise his or her powers or perform his or her duties or functions under this section. Entering private property (6) The Accessibility Commissioner and any individual accompanying him or her 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). For greater certainty, they are not liable for doing so. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Inspections Sections 73-75 Consent required to enter dwelling-house (7) In the case of a dwelling-house, the Accessibility Commissioner may enter it only with the consent of an occupant. Assistance (8) The owner or other person in charge of a place entered by the Accessibility Commissioner or his or her delegate under subsection (1) and every individual found in the place must give the Accessibility Commissioner or the delegate, as the case may be, all reasonable assistance in the individual’s power and provide the Accessibility Commissioner or delegate with any information that the Accessibility Commissioner or delegate may reasonably require. Production Order Power to order production 74 (1) The Accessibility Commissioner may, for a purpose related to verifying compliance or preventing noncompliance with any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), make an order requiring a regulated entity to produce, at the time and place specified in the order, for examination or copying, any record, report, electronic data or other document that the Accessibility Commissioner has reasonable grounds to believe contains information that is relevant to that purpose. Copies (2) The Accessibility Commissioner may (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (1); and (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output. Compliance Order Power to order termination of contravention 75 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity is contravening or has contravened any of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or any provision of regulations made under subsection 117(1), he or she may make a compliance order requiring the regulated entity to terminate the contravention within the time specified in the order or to take any step specified in the order, within the time Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Compliance Order Sections 75-77 specified in the order, to ensure that the contravention does not continue or reoccur. Copy (2) The Accessibility Commissioner must cause the regulated entity to be served with a copy of the order. Request for review 76 (1) Subject to any other provision of this section, an order that is made under section 75 must be reviewed by the Accessibility Commissioner on the written request of the regulated entity to which the order is addressed. Contents and time for making request (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds. Order in effect (3) An order made under section 75 continues to apply during a review unless the Accessibility Commissioner decides otherwise. Decision on completion of review (4) On completion of a review, the Accessibility Commissioner must confirm, amend, revoke or cancel the order. Notice of decision (5) The Accessibility Commissioner must cause the regulated entity to be served with a notice setting out the Accessibility Commissioner’s decision under subsection (4) and the reasons for it. Administrative Monetary Penalties Commission — regulated entity 77 (1) Every regulated entity that contravenes any of the following commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1): (a) any of subsections 47(1) to (4) and (7), 48(1) to (3), 49(1) to (3) and (6), 56(1) to (4) and (7), 57(1) to (3), 58(1) to (3) and (6), 65(1) to (4) and (7), 66(1) to (3), 67(1) to (3) and (6), 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126; (b) an order made under section 74; (c) an order made under subsection 75(1) or amended under subsection 76(4); and Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 77-80 (d) a provision of regulations made under subsection 117(1). Commission — person (2) Every person that contravenes an order made under any of paragraphs 73(2)(i) to (l) or contravenes subsection 73(8) or section 124 or 125 commits a violation and is liable to a warning or to a penalty fixed in accordance with regulations made under subsection 91(1). Exception (3) Subsection (2) does not apply to a specified person as defined in subsection 140(11). Purpose of penalty 78 The purpose of a penalty is to promote compliance with this Act and not to punish. Issuance of notice of violation 79 (1) If the Accessibility Commissioner has reasonable grounds to believe that a regulated entity or person has committed a violation, the Accessibility Commissioner may issue, and must cause to be served on the regulated entity or person, a notice of violation that names the regulated entity or person, identifies the violation and (a) contains a warning; or (b) sets out (i) the penalty for the violation that the regulated entity or person is liable to pay, (ii) the particulars concerning the time and manner of payment of the penalty, and (iii) the lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice. Summary of rights and obligations (2) The notice of violation must also summarize, in plain language, the rights and obligations of the regulated entity or person under this Part, including their right referred to in subsection 80(1), or their rights referred to in subsection 81(2), and the procedure for exercising that right, or those rights, as the case may be. Warning — right to request review 80 (1) A regulated entity or person that is served with a notice of violation that sets out a warning may, within the time and in the manner specified in the notice, request a Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 80-82 review of the acts or omissions that constitute the violation. Warning — right not exercised (2) If a regulated entity or person that is served with a notice of violation that contains a warning does not exercise the right referred to in subsection (1) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice of violation. Notices with penalty — payment 81 (1) If a notice of violation sets out a penalty and the regulated entity or person named in the notice pays, within the time and in the manner specified in the notice, the amount of the penalty or the lesser amount set out in the notice, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Accessibility Commissioner must accept that amount in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation are ended. Alternatives to payment (2) Instead of paying the penalty set out in a notice of violation or the lesser amount that may be paid in lieu of the penalty, the regulated entity or person named in the notice may, within the time and in the manner specified in the notice, (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provisions of this Act or of regulations made under subsection 117(1), or the order, to which the violation relates; or (b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty. Deeming (3) If a regulated entity or person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice. Entering into compliance agreements 82 (1) After considering a request made under paragraph 81(2)(a), the Accessibility Commissioner may enter into a compliance agreement, as described in that Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Section 82 paragraph, with the regulated entity or person making the request on any terms that the Accessibility Commissioner considers appropriate. The terms may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Accessibility Commissioner, as a guarantee that the regulated entity or person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deeming (2) A regulated entity or person that enters into a compliance agreement is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into. Notice of compliance (3) If the Accessibility Commissioner is satisfied that a regulated entity or person that has entered into a compliance agreement has complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of compliance, and once it is served, (a) the proceedings commenced in respect of the violation are ended; and (b) any security given under the compliance agreement must be returned to them. Notice of default (4) If the Accessibility Commissioner is of the opinion that a regulated entity or person that has entered into a compliance agreement has not complied with it, the Accessibility Commissioner must cause the regulated entity or person to be served with a notice of default informing them of one of the following: (a) that instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default, and without taking account of the limit set out in subsection 91(2), an amount that is twice the amount of that penalty; (b) that the security, if any, given under the compliance agreement will be forfeited to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 82-83 Effect of service of notice of default — payment (5) If served with a notice of default under paragraph (4)(a), the regulated entity or person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and they are liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of default. Effect of service of notice of default — forfeiture (6) If served with a notice of default under paragraph (4)(b), the security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (7) If the regulated entity or person pays the amount set out in the notice of default within the time and in the manner specified in the notice of default, the Accessibility Commissioner must accept the amount in complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended. Refusal to enter into compliance agreement 83 (1) If the Accessibility Commissioner refuses to enter into a compliance agreement requested under paragraph 81(2)(a), the regulated entity or person that made the request is liable to pay, within the time and in the manner specified in the notice of violation, the amount of the penalty set out in the notice of violation. Effect of payment (2) If the regulated entity or person pays the amount set out in the notice of violation within the time and in the manner specified in the notice of violation, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Deeming (3) If the regulated entity or person does not pay the amount set out in the notice of violation within the time and in the manner specified in the notice of violation, they are deemed to have committed the violation identified in the notice of violation. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Section 84 Review — with respect to facts 84 (1) On completion of a review requested under subsection 80(1), or under paragraph 81(2)(b) with respect to the acts or omissions that constitute the violation, the Accessibility Commissioner must determine, on a balance of probabilities, whether the regulated entity or person that requested the review committed the violation. Violation not committed — effect (2) If the Accessibility Commissioner determines under subsection (1) that the regulated entity or person did not commit the violation, the proceedings commenced in respect of it are ended. Violation committed — penalty (3) If the Accessibility Commissioner determines that the regulated entity or person committed the violation, and a penalty was set out in the notice of violation, the Accessibility Commissioner must determine whether the amount of the penalty was fixed in accordance with regulations made under subsection 91(1) and (a) if the Accessibility Commissioner determines that it was correctly fixed, he or she must confirm the amount of the penalty; and (b) if the Accessibility Commissioner determines that it was not correctly fixed, he or she must correct the amount. Notice of decision (4) The Accessibility Commissioner must cause the regulated entity or person to be served with a notice that sets out the Accessibility Commissioner’s decision under this section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Accessibility Commissioner, the time and manner in which that amount is to be paid. Payment (5) The regulated entity or person is liable to pay, within the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Accessibility Commissioner. Effect of payment (6) If a regulated entity or person pays the amount referred to in subsection (5), the Accessibility Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 85-89 Certain defences not available 85 (1) A regulated entity or person named in a notice of violation does not have a defence by reason that they (a) exercised due diligence to prevent 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 if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for section 127 applies in respect of a violation to the extent that it is not inconsistent with this Act. Party to violation 86 If a regulated entity commits a violation, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the regulated entity is proceeded against under this Act: (a) an officer, director, agent or mandatary of the regulated entity; (b) a senior official of the regulated entity; or (c) any other person authorized to exercise managerial or supervisory functions on behalf of the regulated entity. Employees or agents or mandataries 87 A regulated entity is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified. Continuing violation 88 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued. Evidence 89 In any proceeding in respect of a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 90-93 Limitation period or prescription 90 No proceedings in respect of a violation may be commenced after the expiry of two years after the day on which the subject matter of the proceedings arose. Regulations 91 (1) The Governor in Council may make regulations (a) classifying each violation as a minor violation, a serious violation or a very serious violation; (b) fixing a penalty, or a range of penalties, in respect of each violation; (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (d) respecting the determination of a lesser amount for the purposes of subparagraph 79(1)(b)(iii) and the time and manner in which it is to be paid; (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty for a violation may be reduced under the terms of a compliance agreement entered into under subsection 82(1); (f) respecting the circumstances under which reviews under section 84 are to be oral or in writing; and (g) specifying information for the purposes of section 93. Paragraph (1)(b) (2) The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(b) is $250,000. Powers regarding notices of violation 92 The Accessibility Commissioner may establish the form of notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation. Publication 93 The Accessibility Commissioner may make public (a) the name of a regulated entity or person that is determined under section 84, or that is deemed by this Act, to have committed a violation; (b) the nature of the violation; (c) the amount of the penalty imposed, if any; and Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 5 Administration and Enforcement Administrative Monetary Penalties Sections 93-94 (d) any other information specified in regulations made under subsection 91(1). PART 6 Remedies Filing of Complaint Right to file complaint 94 (1) Any individual that has suffered physical or psychological harm, property damage or economic loss as the result of — or that has otherwise been adversely affected by — a contravention by a regulated entity of any provision of regulations made under subsection 117(1) may file with the Accessibility Commissioner a complaint that is in a form acceptable to the Accessibility Commissioner. Exception — Federal Public Sector Labour Relations Act — employee (2) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 208 of that Act, determined without taking into account subsection 208(2) of that Act and the definition of employee in subsection 206(1) of that Act. Exception — Federal Public Sector Labour Relations Act — RCMP member (3) An employee, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is an RCMP member is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to present an individual grievance in respect of that contravention under section 238.24 of that Act, determined without taking into account subsection 208(2) of that Act. Exception — Public Service Employment Act (4) An individual is not entitled to file a complaint in respect of a contravention of any provision of regulations made under subsection 117(1) if he or she is entitled to make a complaint in respect of that contravention under section 65 or 77 of the Public Service Employment Act. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Filing of Complaint Sections 94-98 Notice (5) The Accessibility Commissioner must cause a written notice of a complaint to be served on the regulated entity against which the complaint was made. Investigation Power to conduct investigation 95 The Accessibility Commissioner may conduct an investigation into a complaint filed under subsection 94(1) unless it appears to him or her that (a) the complainant ought to exhaust grievance or review procedures otherwise reasonably available; (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act; (c) the complaint is beyond the jurisdiction of the Accessibility Commissioner; (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or (e) the complaint is based on acts or omissions the complainant became aware of more than one year, or any longer period of time that the Accessibility Commissioner considers appropriate in the circumstances, before the filing of the complaint. Notice 96 (1) The Accessibility Commissioner must cause a written notice advising of whether or not he or she has decided to investigate a complaint to be served on the complainant and the regulated entity against which the complaint was made. Time and manner for application for review (2) If the Accessibility Commissioner’s decision is that the complaint will not be investigated, the notice must specify the time within which and the manner in which an application may be made for a review of the decision. Joint investigation 97 If the Accessibility Commissioner is of the opinion that two or more complaints involve substantially the same issues of fact, he or she may conduct a joint investigation into the complaints. Powers of Accessibility Commissioner 98 In the conduct of an investigation of a complaint, the Accessibility Commissioner may Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 98-100 (a) summon and enforce the appearance of persons before the Accessibility Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Accessibility Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Accessibility Commissioner sees fit, whether or not it is or would be admissible in a court of law; (d) enter any place — including a conveyance — other than a dwelling-house; (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Accessibility Commissioner sees fit; and (f) exercise any of the powers referred to in any of paragraphs 73(2)(a) to (l). Dispute resolution mechanisms 99 The Accessibility Commissioner may attempt to resolve complaints by means of a dispute resolution mechanism. Discontinuance of investigation 100 (1) The Accessibility Commissioner may discontinue the investigation of a complaint if he or she is of the opinion that (a) there is insufficient evidence to pursue the investigation; (b) any of the circumstances mentioned in paragraphs 95(a) to (e) applies; or (c) the matter has been resolved — by means of a dispute resolution mechanism or otherwise — by the complainant and the regulated entity. Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with written notice of the discontinuance of the investigation that sets out the reasons for the discontinuance and that specifies the time within which and the manner in which an application may be made for a review of the decision to discontinue the investigation. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 101-102 Complaint dismissed 101 (1) At the conclusion of an investigation, the Accessibility Commissioner must dismiss the complaint if he or she finds that the complaint is not substantiated. Notice (2) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice of the dismissal of the complaint that sets out the reasons for the dismissal and that specifies the time within which and the manner in which an application may be made for an appeal of the decision to dismiss the complaint. Complaint substantiated 102 (1) If, at the conclusion of an investigation, the Accessibility Commissioner finds that the complaint is substantiated, he or she may order the regulated entity to do one or more of the following: (a) take the appropriate corrective measures specified in the order; (b) make available to the complainant, on the first reasonable occasion, the rights, opportunities or privileges that were denied to the complainant as a result of the contravention to which the complaint relates; (c) pay compensation to the complainant for any or all of the wages that they were deprived of and for any or all of the expenses incurred by the complainant as a result of the contravention; (d) pay compensation to the complainant for any or all additional costs of obtaining alternative goods, services, facilities or accommodation, and for any or all of the expenses incurred by the complainant, as a result of the contravention; (e) pay compensation to the complainant in an amount that is not more than the amount referred to in subsection (2) for any pain and suffering that the complainant experienced as a result of the contravention; (f) pay to the complainant an amount that is not more than the amount referred to in subsection (2), if the Accessibility Commissioner determines that the contravention is the result of a wilful or reckless practice. Amount (2) The amount, for the purposes of each of paragraphs (1)(e) and (f), is Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 102-103 (a) for the calendar year during which subsection (1) comes into force, $20,000; and (b) for each subsequent calendar year, the amount that is equal to the product obtained by multiplying (i) the amount determined under this subsection for the preceding calendar year by (ii) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year. Definition of Consumer Price Index (3) In subsection (2), Consumer Price Index, for a calendar year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in the calendar year. Amount to be published (4) The Accessibility Commissioner must, as soon as it is determined, publish the amount that is the amount for the purposes of paragraphs (1)(e) and (f) for each calendar year after the year during which subsection (1) comes into force. Interest (5) An order to pay compensation under paragraph (1)(c) or (d) may include an award of interest at a rate and for a period that the Accessibility Commissioner considers appropriate. Copy (6) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a copy of the order made under subsection (1) and a notice that specifies the time within which and the manner in which an application may be made for an appeal of the order. Review by Accessibility Commissioner 103 (1) The Accessibility Commissioner may, on application made within the time and in the manner specified in the notice served under section 96 or 100, as the case may be, review a decision under section 95 not to investigate a complaint or a decision under section 100 to discontinue an investigation. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 103-104 Representations (1.1) The complainant must be given the opportunity to make representations to the officer or employee conducting the review in a manner that is accessible to the complainant. Powers (2) After concluding the review, the Accessibility Commissioner must (a) confirm the decision not to investigate the complaint; (b) investigate the complaint; (c) confirm the decision to discontinue the investigation; or (d) continue the investigation. Notice (3) The Accessibility Commissioner must cause the complainant and the regulated entity to be served with a written notice that sets out the Accessibility Commissioner’s decision under subsection (2) and the reasons for it. Decision final (4) Every decision made by the Accessibility Commissioner under any of paragraphs (2)(a) to (d) is final and is not to be questioned or reviewed in any court. Appeal 104 (1) A complainant or regulated entity that is affected by a decision made under section 101 or an order made under subsection 102(1) may appeal the decision or order to the Canadian Human Rights Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served or any longer period — that is not more than 60 days after that day — that the Canadian Human Rights Tribunal considers appropriate in the circumstances. Nature of appeal (1.1) The appeal lies on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, including a principle of natural justice. Grounds of appeal (2) The request for appeal must contain a statement of the grounds of appeal and set out the evidence that supports those grounds. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 105-107 Assignment of member 105 (1) On receipt of an application for an appeal, the Chairperson of the Canadian Human Rights Tribunal must assign a member of the Tribunal to hear the appeal, but the Chairperson may assign a panel of three members of the Tribunal to hear the appeal if he or she considers that the complexity of the matters under appeal requires three members. Chair of panel (2) If a panel of three members is assigned, the Chairperson must designate one of them to be its chair, but the Chairperson is to be the chair if he or she is a member of the panel. Decision 106 (1) The member or panel of members of the Canadian Human Rights Tribunal assigned to hear the appeal may, by order, confirm, vary, give the decision that the Accessibility Commissioner should have given or rescind the decision or order to which the appeal relates or refer the complaint back to the Accessibility Commissioner for reconsideration in accordance with any direction the Canadian Human Rights Tribunal may give. Nature of appeal (1.1) An appeal shall be on the merits based on the record of the proceedings before the Accessibility Commissioner, but the member or panel of members of the Canadian Human Rights Tribunal shall allow arguments and, if he, she or it considers it necessary for the purposes of the appeal, shall hear evidence not previously available. Panel’s decision (2) A decision made by a majority of the members of the panel is the decision of the panel or, if no decision is supported by the majority, the decision of the panel’s chair is the decision of the panel. Copy (3) A copy of the order made by the member or panel of members of the Canadian Human Rights Tribunal must be provided to the Accessibility Commissioner and the parties to the appeal. Decision final (4) Every decision made under subsection (1) is final and is not to be questioned or reviewed in any court. Report of activities 107 The Canadian Human Rights Tribunal must include in its annual report referred to in subsection 61(3) of the Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 6 Remedies Investigation Sections 107-111 Canadian Human Rights Act a report of its activities under this Act during the year. Regulations 108 The Governor in Council may make regulations (a) prescribing the procedures to be followed by the Accessibility Commissioner when conducting an investigation; and (b) governing the manner in which complaints are to be investigated by the Accessibility Commissioner. General Duty to act informally and expeditiously 109 The Accessibility Commissioner must deal with complaints filed under subsection 94(1) and applications made under subsection 103(1) as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. Disclosure of personal information 110 For the purpose of the administration of Part III of the Canadian Human Rights Act, the Accessibility Commissioner may disclose to any officer or employee of the Canadian Human Rights Commission any personal information that is contained in a complaint filed with the Accessibility Commissioner. PART 7 Chief Accessibility Officer Appointment Special advisor 111 (1) The Governor in Council may appoint, on a fulltime basis, a special adviser to the Minister to be called the Chief Accessibility Officer. Tenure of office (2) The Chief Accessibility Officer holds office during good behaviour, for a term of not more than five years, but may be removed for cause at any time by the Governor in Council. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 7 Chief Accessibility Officer Appointment Sections 111-114 Reappointment (3) The Chief Accessibility Officer is eligible to be re-appointed for a maximum of two further terms of office. Absence or incapacity of Chief Accessibility Officer (4) In the event of the absence or incapacity of the Chief Accessibility Officer, or if the office of Chief Accessibility Officer is vacant, the Minister may authorize a person to act as Chief Accessibility Officer, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval. Remuneration and Expenses Remuneration and expenses 112 (1) The Chief Accessibility Officer 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 while absent from his or her ordinary place of work in the course of performing his or her duties under this Act. Benefits (2) The Chief Accessibility Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, an employee for the purposes of the Government Employees Compensation Act and employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act. Duties and Functions Advice 113 The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — provide information or advice to the Minister in respect of systemic or emerging accessibility issues. Special report 114 (1) The Chief Accessibility Officer may — or, if requested to do so by the Minister, must — report in writing to the Minister in respect of systemic or emerging accessibility issues. Publication (2) The Chief Accessibility Officer may, after the sixtieth day after the day on which it was provided, publish any report that he or she provided to the Minister. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 7 Chief Accessibility Officer Duties and Functions Sections 115-117 Assistance 115 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission, the Federal Public Sector Labour Relations and Employment Board and the Standards Organization must take all reasonable steps to assist the Chief Accessibility Officer in the performance of his or her duties and functions. Annual report 116 (1) The Chief Accessibility Officer must, after the end of each fiscal year but no later than December 31 following the end of that fiscal year, submit to the Minister a report on (a) the outcomes achieved by this Act during that fiscal year; and (b) systemic or emerging accessibility issues. Tabling (2) The Minister must 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 report is received by the Minister. PART 8 General Regulations Regulations 117 (1) Subject to sections 118 to 120, the Governor in Council may make regulations (a) defining, for the purposes of this Act, any term that is used but not defined in this Act; (b) designating areas for the purposes of paragraph 5(g); (c) establishing standards intended to remove barriers and to improve accessibility in the areas referred to in section 5; (d) imposing obligations or prohibitions on regulated entities for the purpose of identifying or removing barriers or preventing new barriers; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Regulations Section 117 (e) fixing or determining, for the purposes of subsections 47(1), 56(1), 65(1) and 69(1), a day in respect of a regulated entity; (f) specifying the form in which the accessibility plans required by subsections 47(1) and (2), 56(1) and (2), 65(1) and (2) and 69(1) and (2) are to be prepared and the manner in which they are to be published; (f.1) respecting the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1); (g) specifying the form and manner in which descriptions of the feedback process required by subsections 48(1), 57(1), 66(1) and 70(1) are to be published; (h) specifying the form in which progress reports required by subsections 49(1), 58(1), 67(1) and 71(1) are to be prepared and the time and manner in which they are to be published; (i) respecting the records, reports, electronic data or other documents that are required to be prepared, retained or provided by regulated entities and (i) the time, manner or place in which they are to be prepared and retained, or (ii) the time, manner or form in which they are to be provided; (j) respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or regulations made under this subsection; (k) respecting the circumstances under which reviews under section 76 are to be oral or in writing; (l) exempting, on any terms that are specified in the regulations, in whole or in part, any of the following, or any class of the following, from the application of all or any part of sections 47 to 49, 56 to 58, 65 to 67 and 69 to 71 or all or any provision of regulations made under this subsection: (i) a regulated entity, (ii) a built environment, (iii) an object, (iv) a work, undertaking or business that is within the legislative authority of Parliament, (v) an activity conducted by a regulated entity, and (vi) a location; and Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Regulations Sections 117-118 (m) prescribing anything that is to be prescribed by any of sections 39, 47 to 49, 56 to 58, 65 to 67 and 69 to 71. Obligation (1.1) The Governor in Council must make at least one regulation under any of paragraphs (1)(e) to (h) within the period of two years that begins on the day on which this subsection comes into force. Distinguishing — classes (2) Regulations made under subsection (1) may distinguish among different classes of regulated entities. Paragraph (1)(c) (3) A standard established in regulations made under paragraph (1)(c) may be general or specific in its application and may be limited as to time and location. Incorporation by reference — limitation removed (4) 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 paragraph (1)(c). Limited application — broadcasting 118 (1) Subject to subsections (2) and (3), regulations made under subsection 117(1) apply in respect of a regulated entity that carries on a broadcasting undertaking only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs. Non-application — employment equity (2) Regulations made under subsection 117(1) that are in relation to employment do not apply in respect of a regulated entity that carries on a broadcasting undertaking and that is not subject to the Employment Equity Act. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Regulations Sections 118-120 Non-application — areas specified in regulations (3) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that carries on a broadcasting undertaking if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under (a) a condition of a licence issued under Part II of the Broadcasting Act; (b) an order under subsection 9(4) of that Act; or (c) a regulation made under subsection 10(1) of that Act. Limited application — telecommunications 119 (1) Subject to subsection (2), regulations made under subsection 117(1) apply in respect of a regulated entity that is a Canadian carrier or a telecommunications service provider only if the regulations relate to the identification, prevention and removal of barriers in the areas referred to in paragraphs 5(a), (b), (f) and (g) and in the area referred to in paragraph 5(c.1) as it relates to the areas referred to in those paragraphs. Non-application — areas specified in regulations (2) Regulations made under subsection 117(1) that are in relation to the identification, prevention and removal of barriers in an area referred to in paragraph 5(g) do not apply in respect of a regulated entity that is a Canadian carrier or telecommunications service provider if requirements in relation to the identification, prevention and removal of barriers in that area apply to the regulated entity under a condition imposed under section 24 or 24.1 of the Telecommunications Act or a regulation made under that Act. Limited application — transportation 120 The only regulations made under subsection 117(1) that apply in respect of a regulated entity that is required to comply with any provision of regulations made under subsection 170(1) of the Canada Transportation Act are those that relate to the identification and removal of barriers, and the prevention of new barriers, in the following areas: (a) employment; (b) the built environment, other than a passenger aircraft, passenger train, passenger bus, passenger vessel, aerodrome passenger terminal, railway passenger Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Regulations Sections 120-121 station, bus passenger station or marine passenger terminal; (c) the procurement of goods, services and facilities that are not related to the mobility of persons with disabilities; (d) areas designated under regulations made under paragraph 117(1)(b); and (e) the area referred to in paragraph 5(c.1) as it relates to the areas referred to paragraphs (a) to (d). Exemption 121 (1) On application by a regulated entity, the Minister may, by order and on any terms that he or she considers necessary, (a) exempt a regulated entity from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that the regulated entity has taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities; or (b) exempt a class of regulated entities from the application of any provision of regulations made under subsection 117(1) if the Minister is satisfied that all the members of the class have taken or will take measures that will result in an equivalent or greater level of accessibility for persons with disabilities. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. Copy to Accessibility Commissioner (2) The Minister must provide the Accessibility Commissioner with a copy of every order made under subsection (1). Non-application of Statutory Instruments Act (3) The Statutory Instruments Act does not apply to an order made under paragraph (1)(a), but the order must be published in the Canada Gazette and the reasons for the making of the order must be made available to the public. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Regulations Sections 121.1-122 For greater certainty 121.1 For greater certainty, nothing in any provision of this Act or the regulations limits a regulated entity’s duty to accommodate under any other Act of Parliament. Miscellaneous Collaboration — complaints, applications and grievances 122 (1) The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to put in place mechanisms for the efficient and expeditious referral to the appropriate authority of accessibility-related complaints, applications and grievances. Notice of referral (2) If an authority referred to in subsection (1) decides not to deal with a complaint, application or grievance for one of the following reasons and it decides to refer the complaint, application or grievance to the appropriate authority, it must cause a written notice of its decision, and the reasons for it, to be served on the individual that filed the complaint or application, or presented the grievance, and on the individual or entity that is the subject of the complaint, application or grievance: (a) the complaint, application or grievance is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under any Act of Parliament; or (b) the complaint, application or grievance is beyond the jurisdiction of the authority required to serve the notice. Suspension of time (3) If an authority causes a notice under subsection (2) to be served, the period that begins on the day on which the complaint or application was filed or the grievance was referred to adjudication and that ends on the day on which the complaint, application, or grievance was referred to the appropriate authority is not to be included in the calculation of any time the individual has to avail themselves of any procedure under any Act of Parliament. Disclosure of information (4) An authority referred to in subsection (1) may, for the purpose of implementing the mechanisms referred to Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Miscellaneous Sections 122-128 in subsection (1), disclose to the appropriate authority any information, including personal information, that is contained in a complaint, application or grievance that it refers to the appropriate authority. Collaboration — policies and practices 123 The Accessibility Commissioner, the Canadian Transportation Agency, the Canadian Radio-television and Telecommunications Commission, the Canadian Human Rights Commission and the Federal Public Sector Labour Relations and Employment Board must work together to foster complementary policies and practices in relation to accessibility-related matters. Obstruction 124 It is prohibited to obstruct, by act or omission, the Accessibility Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act. False statements — Accessibility Commissioner 125 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Accessibility Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act. False statements — records, reports, etc. 126 It is prohibited for a regulated entity to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that it is required to prepare, retain or provide under this Act. Section 126 of Criminal Code 127 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or of regulations made under subsection 117(1). Debts to Her Majesty 128 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) costs incurred by Her Majesty in right of Canada in relation to the inspection of a place or the examination of any thing; (b) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is served; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Miscellaneous Sections 128-131 (c) every amount undertaken to be paid under a compliance agreement entered into with the Accessibility Commissioner under subsection 82(1), from the time the compliance agreement is entered into; (d) the amount set out in a notice of default referred to in subsection 82(4), from the time the notice is served; (e) the amount of a penalty confirmed or corrected in the Accessibility Commissioner’s notice of decision served under subsection 84(4), from the expiry of the time specified in the notice. Limitation period (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable. Debt final (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 81 to 84. Certificate of default 129 (1) Any debt referred to in subsection 128(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 Accessibility Commissioner. Registration in Federal Court (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. Enforcement of order 130 An order made under subsection 75(1) or amended under subsection 76(4) and an order made under subsection 102(1) or section 106 may, for the purpose of enforcement, be made an order of the Federal Court by following the usual procedure or by the Accessibility Commissioner filing in the Registry of the Court a copy of the order certified by the Accessibility Commissioner to be a true copy. Review by Senate and House of Commons 131 (1) Five years after the day on which the first regulation is made under subsection 117(1), or as soon as feasible after that day, a comprehensive review of the provisions and operation of this Act is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 8 General Miscellaneous Sections 131-134 established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. Report (2) Within six months, or any further time that is authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the day on which the review is commenced, the committee must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, together with a statement of any changes recommended by the committee. Independent review 132 (1) Five years after the first day on which a report is submitted under subsection 131(2) to either House of Parliament and every tenth anniversary of that day, the Minister must cause an independent review of the provisions and operation of this Act to be conducted, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. Duty to consult (2) The person or persons conducting the review must consult the public, persons with disabilities, organizations that represent the interests of persons with disabilities, regulated entities and organizations that represent the interests of regulated entities. National AccessAbility Week Designation 133 Throughout Canada, in each year, the week starting on the last Sunday in May is to be known as National AccessAbility Week. PART 9 Parliamentary Entities Definition and Application Definition of parliamentary entity 134 In this Part, parliamentary entity means (a) the Senate, as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part; Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Definition and Application Sections 134-138 (b) the House of Commons, as represented by the Board of Internal Economy of 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; and (g) the office of the Parliamentary Budget Officer. Application of other Parts 135 Parts 4 to 6 and 8 apply in respect of parliamentary entities only to the extent provided for in this Part. Constituency offices 136 For greater certainty, this Part applies with respect to the constituency offices of members of the House of Commons. Parliamentary Powers, Privileges and Immunities Powers, privileges and immunities 137 For greater certainty, nothing in this Act or in any regulations made under it is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty under this Act if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons. Application Application of Part 4 138 (1) Sections 69 to 71 apply with respect to a parliamentary entity as if it were a regulated entity. Exemption (2) After consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may exempt in writing a parliamentary entity from the application of all or any part of sections 69 to 71, on Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Application Sections 138-140 any terms that the Speaker or Speakers consider necessary. Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it. Statutory Instruments Act (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act. Application of Part 5 — inspection 139 (1) Section 73 applies with respect to a parliamentary entity. Orders (2) Sections 74 to 76 apply with respect to a parliamentary entity as if it were a regulated entity. Contravention — parliamentary entity 140 (1) The Accessibility Commissioner may issue a notice of contravention to a parliamentary entity, and must cause it to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the parliamentary entity has contravened (a) any of subsections 69(1) to (4) and (7), 70(1) to (3), 71(1) to (3) and (6) and 73(8) and sections 124 to 126; (b) an order made under section 74; (c) an order made under subsection 75(1) or amended under subsection 76(4); or (d) a provision of regulations made under subsection 117(1) that applies with respect to the parliamentary entity. Contravention — specified person (2) The Accessibility Commissioner may issue a notice of contravention to a specified person, and must cause them to be served with the notice, if the Accessibility Commissioner has reasonable grounds to believe that the specified person has contravened an order made under any of paragraphs 73(2)(i) to (l) or has contravened subsection 73(8) or section 124 or 125. Contents of notice (3) A notice of contravention must Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Application Section 140 (a) name the parliamentary entity or specified person; (b) identify the contravention; (c) summarize, in plain language, the rights and obligations of the parliamentary entity or specified person under this section, including their right to request to enter into a compliance agreement with the Accessibility Commissioner or request a review of the acts or omissions that constitute the contravention; and (d) set out the time and manner — as determined by the Accessibility Commissioner — in which the parliamentary entity or specified person may make a request under subsection (4). Options (4) A parliamentary entity or specified person that is served with a notice of contravention may, within the time and in the manner set out in the notice, (a) request to enter into a compliance agreement with the Accessibility Commissioner for the purpose of ensuring their compliance with the provision or order to which the notice relates; or (b) request a review of the acts or omissions that constitute the contravention. Review (5) On completion of a review requested under paragraph (4)(b), the Accessibility Commissioner must determine, on a balance of probabilities, whether the parliamentary entity or specified person committed the contravention and confirm or cancel the notice of contravention. The Accessibility Commissioner must cause the parliamentary entity or specified person to be served with a notice setting out the decision under this subsection and must, if the notice of contravention is confirmed, specify in the notice the time and the manner in which they may make a request under subsection (6). Request for compliance agreement (6) If the Accessibility Commissioner confirms the notice of contravention on review, the parliamentary entity or specified person may, within the time and in the manner set out in the notice of decision, request to enter into a compliance agreement as set out in paragraph (4)(a). Entering into compliance agreement (7) After considering a request to enter into a compliance agreement, the Accessibility Commissioner may enter into a compliance agreement with the parliamentary entity or specified person on any terms that the Accessibility Commissioner considers appropriate, other than Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Application Sections 140-141 any terms that would provide for a deposit of security or for a penalty. Notice (8) If the Accessibility Commissioner is satisfied that a parliamentary entity or specified person that has entered into a compliance agreement has complied with it, he or she must cause the parliamentary entity or specified person to be served with a notice of compliance. If he or she is satisfied that the parliamentary entity or specified person has not complied with the agreement, he or she must cause them to be served with a notice of default. Limitation period or prescription (9) No notice of contravention is to be issued after the expiry of two years after the day on which the subject matter of the contravention arose. Application — sections 85 and 87 (10) Sections 85 and 87 apply with respect to contraventions referred to in this section, with any reference to a regulated entity to be read as a reference to a parliamentary entity, any reference to a person to be read as a reference to a specified person and any reference to a violation to be read as a reference to a contravention. Definition of specified person (11) In this section, specified person means a person performing duties and functions in the course of the activities or business of a parliamentary entity. Application of Part 6 141 (1) Subject to subsections (2) and (3), sections 94 to 104, subsection 106(1) and sections 108 to 110 apply with respect to a parliamentary entity as if it were a regulated entity. Exception (2) An individual is not entitled to file a complaint under subsection 94(1) in respect of a contravention by a parliamentary entity of any provision of regulations made under subsection 117(1) if the individual is entitled to present a grievance under section 62 of the Parliamentary Employment and Staff Relations Act in respect of the contravention. Appeal (3) An appeal with respect to a parliamentary entity under subsection 104(1) is to be made to the Federal Public Sector Labour Relations and Employment Board instead of to the Canadian Human Rights Tribunal and, with respect to such an appeal, a reference to the member or Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Application Sections 141-142 panel of members of the Tribunal in subsection 106(1) is to be read as a reference to a panel of the Board. For greater certainty (4) For greater certainty, section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply with respect to an order of the Federal Public Sector Labour Relations and Employment Board made with respect to an appeal under subsection 104(1). Application of Part 8 — regulations 142 (1) Regulations made under any of paragraphs 117(1)(a) to (l) — and under paragraph 117(1)(m) with respect to sections 69 to 71 — apply with respect to a parliamentary entity as if it were a regulated entity, but only to the extent that the regulations apply generally to regulated entities that are departments named in Schedule I to the Financial Administration Act. Exemption (2) On application by a parliamentary entity and after consulting with the Accessibility Commissioner, the Speaker of the Senate or the Speaker of the House of Commons — or, in the case of the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, both Speakers acting jointly — may, in writing and on any terms that they consider necessary, exempt the parliamentary entity from the application of any provision of the regulations referred to in subsection (1) if the Speaker or Speakers are satisfied that the parliamentary entity will take or has taken measures that will result in an equivalent or greater level of accessibility for persons with disabilities. Amendment or revocation (3) The Speaker or Speakers who gave an exemption under subsection (2) must consult with the Accessibility Commissioner before amending it but need not do so before revoking it. Statutory Instruments Act (4) For greater certainty, an exemption, amendment or revocation referred to in this section is not a statutory instrument for the purposes of the Statutory Instruments Act. Sections 122 to 125, 127 and 131 (5) Sections 122 to 125, 127 and 131 apply with respect to a parliamentary entity. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Application Sections 142-144 Sections 126 and 132 (6) Sections 126 and 132 apply with respect to a parliamentary entity as if it were a regulated entity. Notification of Speakers Notification — entrance into place 143 (1) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under section 73 or paragraph 98(d), a place that is under the authority of a parliamentary entity. Other notifications (2) The Accessibility Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she (a) makes an order with respect to a parliamentary entity under section 74; (b) makes a compliance order with respect to a parliamentary entity under section 75; (c) makes a decision under subsection 76(4) in respect of a compliance order referred to in paragraph (b); (d) begins to conduct an investigation of a parliamentary entity under section 95; (e) makes an order under subsection 102(1) with respect to a parliamentary entity; (f) issues a notice of contravention under subsection 140(1) or (2); (g) makes a decision under subsection 140(5); or (h) causes a notice of compliance or default to be served under subsection 140(8). Notice or order — complaint (3) Whenever the Accessibility Commissioner causes a parliamentary entity to be served with a notice under subsection 94(5), 96(1), 100(2), 101(2) or 103(3), the Accessibility Commissioner must provide a copy to the Speaker of the Senate or the Speaker of the House of Commons, or both. Notification — appeal under subsection 104(1) 144 (1) The Federal Public Sector Labour Relations and Employment Board must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 9 Parliamentary Entities Notification of Speakers Sections 144-146 soon as possible after the Board receives a request for appeal of a decision or order with respect to a parliamentary entity under subsection 104(1). Power of Speakers (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought, (a) the Board must, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and (b) the Speaker may present evidence and make representations to the Board in the appeal. Non-compliance with compliance order 145 (1) The Accessibility Commissioner must provide to the Speaker of the Senate or the Speaker of the House of Commons, or both, a compliance order that is made under section 75 or amended under subsection 76(4) with respect to a parliamentary entity, if the order is not complied with. Order under subsection 102(1) (2) The Accessibility Commissioner must provide an order made under subsection 102(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with. Order under subsection 106(1) (3) The Federal Public Sector Labour Relations and Employment Board must, at the request of the Accessibility Commissioner or the complainant, provide an order made under subsection 106(1) with respect to a parliamentary entity to the Speaker of the Senate or the Speaker of the House of Commons, or both, if the order is not complied with. Tabling by Speaker 146 The Speaker of the Senate or the Speaker of the House of Commons, or both, must, within a reasonable time after receiving it, table every notice of default received under paragraph 143(2)(h) and every order received under section 145 in the House over which the Speaker presides. Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 10 Related Amendments Sections 147-161 PART 10 Related Amendments R.S., c. C-22. Canadian Radio-television and Telecommunications Commission Act 147 [Amendments] R.S., c. H-6. Canadian Human Rights Act 148 [Amendments] 149 [Amendments] 150 [Amendments] 151 [Amendments] 152 [Amendments] 153 [Amendments] R.S., c. 33 (2nd Supp.). Parliamentary Employment and Staff Relations Act 154 [Amendments] 155 [Amendments] 156 [Amendments] 157 [Amendments] 158 [Amendments] 159 [Amendments] 160 [Amendments] 1991, c. 11. Broadcasting Act 161 [Amendments] Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 10 Related Amendments Telecommunications Act Sections 162-184 1993, c. 38. Telecommunications Act 162 [Amendments] 163 [Amendments] 164 [Amendments] 165 [Amendments] 1996, c. 10. Canada Transportation Act 166 [Amendments] 167 [Amendments] 168 [Amendments] 169 [Amendments] 170 [Amendments] 171 [Amendments] 172 [Amendments] 173 [Amendments] 174 [Amendments] 175 [Amendments] 176 [Amendments] 177 [Amendments] 178 [Amendments] 179 [Amendments] 180 [Amendments] 181 [Amendments] 182 [Amendments] 183 [Amendments] 2003, c. 22, s. 2; 2017 c. 9, s. 2. Federal Public Sector Labour Relations Act 184 [Amendments] Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 10 Related Amendments Federal Public Sector Labour Relations Act Sections 185-202 185 [Amendments] 186 [Amendments] 187 [Amendments] 188 [Amendments] 189 [Amendments] 190 [Amendments] 191 [Amendments] 192 [Amendments] 193 [Amendments] 2003, c. 22, ss. 12 and 13. Public Service Employment Act 194 [Amendments] 195 [Amendments] 196 [Amendments] 197 [Amendments] 198 [Amendments] 199 [Amendments] PART 11 Consequential and Coordinating Amendments Consequential Amendments R.S., c. A-1. Access to Information Act 200 [Amendments] R.S., c. F-11. Financial Administration Act 201 [Amendments] 202 [Amendments] Current to June 20, 2022 Last amended on July 11, 2019 Accessible Canada Act PART 11 Consequential and Coordinating Amendments Consequential Amendments Financial Administration Act Sections 203-206 203 [Amendments] R.S., c. P-21. Privacy Act 204 [Amendments] Coordinating Amendments 205 [Amendments] PART 12 Coming into Force Order in council 206 The provisions of this Act, other than section 205, come into force on a day to be fixed by order of the Governor in Council. * [Note: Act, other than section 205, in force July 11, 2019, see SI/2019-55.] * Current to June 20, 2022 Last amended on July 11, 2019

CONSOLIDATION Air Travellers Security Charge Act S.C. 2002, c. 9, s. 5 NOTE [Enacted by section 5 of chapter 9 of the Statutes of Canada, 2002, in force on assent March 27, 2002.] 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 implement an air travellers security charge Short Title 1 Short title Interpretation 2 Definitions Meaning of administration or enforcement of this Act Deemed issuance of ticket Separate journeys deemed 5.1 Associated persons Application 6 Binding on Her Majesty Application to air transportation services Administration and Officers 8 Minister’s duty Officers and employees Administration of oaths Charge Payable 11 Charge payable Amount of charge if service acquired in Canada Air transportation service deemed to be acquired in Canada Collection of Charge 14 Duty of designated air carrier to collect charge Trust for amounts collected 15.1 No action for collection of charge General Provisions Concerning Charges and Other Amounts Payable Fiscal Periods 16 Determination of fiscal months Current to June 20, 2022 Last amended on June 9, 2022 ii Air Travellers Security Charge TABLE OF PROVISIONS Reporting Periods 16.1 Reporting period — general Returns and Payments of Charges and Other Amounts 17 Registration Amount collected as charge by person not required to collect Set-off of refunds Large payments Small amounts owing Authority for separate returns Meaning of “electronic filing” Execution of returns, etc. Extension of time Demand for return Interest 27 Compound interest on amounts not paid when required Compound interest on amounts owed by Her Majesty Application of interest provisions if Act amended Waiving or reducing interest Administrative Charge under the Financial Administration Act 30.1 Dishonoured instruments Refunds 31 Statutory recovery rights Refund of charge if service not provided Payment in error Restriction on refunds, etc. Restriction re trustees Overpayment of refunds, etc. Records and Information 37 Keeping records 37.1 Electronic funds transfer Requirement to provide information Assessments 39 Assessment Assessment of refund Notice of assessment Limitation period for assessments Current to June 20, 2022 Last amended on June 9, 2022 iv Air Travellers Security Charge TABLE OF PROVISIONS Objections to Assessment 43 Objection to assessment Extension of time by Minister Appeal 45 Extension of time by Tax Court Appeal to Tax Court Extension of time to appeal Limitation on appeals to the Tax Court Institution of appeals Disposition of appeal References to Tax Court Reference of common questions to Tax Court Enforcement Penalties 53 Failure to file a return when required Waiving or cancelling penalties Failure to answer demand Failure to provide information False statements or omissions Penalty Imposition 59 Notice of imposed penalty When penalty becomes payable Offences and Punishment 61 Offence for failure to file return or to comply with demand or order Offences for false or deceptive statement Failure to pay or collect charges General offence Defence of due diligence Compliance orders Officers of corporations, etc. Power to decrease punishment Information or complaint Inspections 70 By whom Copies of records Collection 72 Definitions Current to June 20, 2022 Last amended on June 9, 2022 v Air Travellers Security Charge TABLE OF PROVISIONS Security Certificates Garnishment Recovery by deduction or set-off Acquisition of debtor’s property Money seized from debtor Seizure if failure to pay Person leaving Canada or defaulting Liability of directors Evidence and Procedure 82 Sending by mail Proof of service by mail Regulations 84 Regulations SCHEDULE Listed Airports Current to June 20, 2022 Last amended on June 9, 2022 v S.C. 2002, c. 9, s. 5 An Act to implement an air travellers security charge [Assented to 27th March 2002] Short Title Short title 1 This Act may be cited as the Air Travellers Security Charge Act. Interpretation Definitions 2 The definitions in this section apply in this Act. accredited representative means a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act. (représentant accrédité) Agency means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. (Agence) air carrier means a person who carries on a business of transporting individuals by air. (transporteur aérien) air transportation service means all of the transportation of an individual by air, by one or more air carriers, included in a continuous journey of the individual. (service de transport aérien) assessment means an assessment under this Act and includes a reassessment. (cotisation) Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Section 2 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) charge, except in the definition “security interest” and section 74, means a charge payable under section 11. (droit) chargeable emplanement means an embarkation by an individual at a listed airport on an aircraft operated by a particular air carrier, except if (a) the embarkation (i) is for the purpose of transferring from a particular flight to a connecting flight and (A) in the case of an air transportation service acquired in Canada, the particular flight included a chargeable emplanement by the individual, (B) the individual embarked on the particular flight outside Canada, or (C) the particular flight included an embarkation that, because of this subparagraph, is not a chargeable emplanement, (ii) is a reboarding of the aircraft to resume a direct flight, (iii) is a boarding of an aircraft that is being used to transport, on a direct flight, the individual to a destination in Canada that is not a listed airport, or (iv) results from the provision of emergency or ground services to an aircraft or its occupants; (b) the individual is (i) an accredited representative, (ii) an infant (other than an infant who has been issued a ticket that entitles the infant to occupy a seat for a part of the service that includes a chargeable emplanement), (iii) an employee (A) of the particular carrier, or of another air carrier that is a subsidiary wholly-owned corporation (in this subparagraph having the same meaning as in the Income Tax Act) of the particular carrier or of which the particular carrier is a subsidiary wholly-owned corporation, and Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Section 2 (B) whose embarkation is in the course of that employment, or (iv) a prescribed individual; (c) the embarkation is (i) on an aircraft whose maximum certified take-off weight does not exceed 2 730 kg, (ii) on an aircraft referred to in subsection 56(1) of the Canada Transportation Act, (iii) in the course of a service listed in, or prescribed under, subsection 56(2) of the Canada Transportation Act, or (iv) in the course of an air ambulance service; or (d) the embarkation is made in prescribed circumstances. (embarquement assujetti) Commissioner means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. (commissaire) continental zone means (a) Canada; (b) the United States (except Hawaii); and (c) the Islands of St. Pierre and Miquelon. (zone continentale) continuous journey means a journey of an individual (a) for which one ticket is issued; or (b) for which two or more tickets are issued if (i) there is no stopover between any of the legs of the journey for which separate tickets are issued, (ii) all the tickets are issued by the same issuer or by two or more issuers through one agent acting on behalf of all such issuers, and (iii) evidence satisfactory to the Minister that there is no stopover between any of the legs of the journey for which separate tickets are issued is (A) maintained by the issuer or agent if the tickets are issued at the same time, or Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Section 2 (B) submitted by the issuer or agent if the tickets are issued at different times. (voyage continu) data means representations, in any form, of information or concepts. (données) designated air carrier means an air carrier that is authorized by the Canadian Transportation Agency under Part II of the Canada Transportation Act to operate a domestic service or an international service, but does not include an air carrier that provides services that include only emplanements that are described in paragraph (c) or (d) of the definition chargeable emplanement. (transporteur aérien autorisé) fiscal half-year means a fiscal half-year as determined under subsection 16(2). (semestre d’exercice) fiscal month means a fiscal month as determined under subsection 16(1). (mois d’exercice) fiscal year of a designated air carrier means the same period that is the carrier’s fiscal year under Part IX of the Excise Tax Act. (exercice) Her Majesty means Her Majesty in right of Canada. (Sa Majesté) 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) listed airport means an airport listed in the schedule. (aéroport désigné) Minister means the Minister of National Revenue. (ministre) month means a period beginning on a particular day in a calendar month and ending on (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day; or (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month. (mois) person means an individual, partnership, corporation, trust or estate, or a body that is a society, union, club, association, commission or other organization of any kind whatever. (personne) prescribed means Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Section 2 (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; and (c) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. (Version anglaise seulement) record means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device. (registre) registered charity has the same meaning as in subsection 248(1) of the Income Tax Act. (organisme de bienfaisance enregistré) reporting period means a reporting period as determined under section 16.1. (période de déclaration) secured creditor means (a) a particular person who has a security interest in the property of another person; or (b) a person who acts for or on behalf of the particular person with respect to the security interest and includes (i) a trustee appointed under a trust deed relating to a security interest, (ii) a receiver or receiver-manager appointed by the particular person or appointed by a court on the application of the particular person, (iii) a sequestrator, or (iv) any other person performing a function similar to that of a person referred to in any of subparagraphs (i) to (iii). (créancier garanti) security interest means, for the purposes of the definition “secured creditor”, section 15 and subsection 75(3), any interest in property that secures payment or performance of an obligation and includes an interest created by or arising out of a debenture, mortgage, hypothec, lien, pledge, charge, deemed or actual trust, assignment or encumbrance of any kind whatever, however or whenever arising, created, deemed to arise or otherwise provided for. (garantie) stopover means the disembarkation of an individual from an aircraft other than a disembarkation Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Sections 2-5.1 (a) that is solely for the purpose of transferring to a connecting flight; (b) that is in the course of a direct flight if the individual reboards the aircraft to resume the flight; or (c) that results from the provision of emergency or ground services to an aircraft or its occupants. (escale) Tax Court means the Tax Court of Canada. (Cour de l’impôt) 2002, c. 9, s. 5 “2”; 2005, c. 38, s. 31; 2007, c. 18, s. 144; 2010, c. 25, s. 91. Meaning of administration or enforcement of this Act 3 For greater certainty, a reference in this Act to administration or enforcement of this Act includes the collection of any amount payable under this Act. Deemed issuance of ticket 4 If no ticket is issued for all or part of a journey, and it is reasonable to consider that a ticket would ordinarily be issued by a person for the journey or for that part, as the case may be, such a ticket is, except for the purposes of paragraph 11(2)(c), deemed to have been issued by the person. Separate journeys deemed 5 A journey that would, if this Act were read without reference to this section, be a continuous journey of an individual that includes more than one chargeable emplanement by the individual at a particular listed airport is, despite any other provision of this Act, deemed (a) not to be a continuous journey; and (b) to be a series of separate continuous journeys each of which commences with the second and any subsequent chargeable emplanement from the particular listed airport. Associated persons 5.1 (1) For the purposes of this Act, a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act. Corporations controlled by same person or group (2) For the purposes of this Act, a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Interpretation Sections 5.1-7 by a group of persons of which the person is a member and each of whom is associated with each of the others. Partnership or trust (3) For the purposes of this Act, a person is associated with (a) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and (b) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust. Association with third person (4) For the purposes of this Act, a person is associated with another person if each of them is associated with the same third person. 2010, c. 25, s. 92. Application Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province. Application to air transportation services 7 This Act applies in respect of (a) the acquisition, on or before March 31, 2002, of an air transportation service for which any consideration is paid or becomes payable after March 31, 2002 and that includes a chargeable emplanement (i) made after March 31, 2002, if the service is acquired in Canada, or (ii) made after May 31, 2002, if the service is acquired outside Canada; and (b) the acquisition after March 31, 2002 of an air transportation service that includes a chargeable emplanement (i) made after March 31, 2002, if the service is acquired in Canada, or (ii) made after May 31, 2002, if the service is acquired outside Canada. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Application Sections 7-11 Administration and Officers Minister’s duty 8 The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act. Officers and employees 9 (1) The officers, employees and agents that are necessary to administer and enforce this Act shall be appointed, employed or engaged in the manner authorized by law. Delegation of powers (2) The Minister may authorize an officer or agent or a class of officers or agents to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Act. Administration of oaths 10 Any officer, 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 Act, and every officer so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits. Charge Payable Charge payable 11 (1) Every person who acquires from a designated air carrier all or part of an air transportation service that includes a chargeable emplanement shall pay to Her Majesty a charge as determined under this Act in respect of the service. Exceptions (1.1) No charge is payable in respect of an air transportation service that is acquired (a) by a person for the purpose of re-selling the service, if the person sells the service to another person before April 1, 2002 and makes full and final payment to the air carrier in respect of the service before May 1, 2002; or (b) by a registered charity from an air carrier for no consideration, if the service is donated by the charity Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Charge Payable Sections 11-12 to an individual for no consideration and in pursuit of its charitable purposes. When charge payable (2) The charge in respect of the air transportation service is payable (a) if any consideration is paid or payable for the service, at the time any consideration for the service is first paid or becomes payable; (b) if no consideration is paid or payable for the service, at the time a ticket is issued for the service; or (c) if no consideration is paid or payable for the service and no ticket is issued for the service, at the time of emplanement. 2002, c. 9, s. 5 “11”; 2007, c. 18, s. 145. Amount of charge if service acquired in Canada 12 (1) Subject to subsection (3), if an air transportation service is acquired in Canada, the amount of the charge in respect of the service is (a) $7.12 for each chargeable emplanement included in the service, to a maximum of $14.25, if (i) the service does not include transportation to a destination outside Canada, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (b) $7.48 for each chargeable emplanement included in the service, to a maximum of $14.96, if (i) the service does not include transportation to a destination outside Canada, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; (c) $12.10 for each chargeable emplanement included in the service, to a maximum of $24.21, if (i) the service includes transportation to a destination outside Canada and does not include transportation to a destination outside the continental zone, and Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Charge Payable Section 12 (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (d) $12.71 for each chargeable emplanement included in the service, to a maximum of $25.42, if (i) the service includes transportation to a destination outside Canada and does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; or (e) $25.91, if the service includes transportation to a destination outside the continental zone. Amount of charge if service acquired outside Canada (2) Subject to subsection (3), if an air transportation service is acquired outside Canada, the amount of the charge in respect of the service is (a) $12.10 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $24.21, if (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (b) $12.71 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $25.42, if (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; or (c) $25.91, if the service includes transportation to a destination outside the continental zone. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Charge Payable Sections 12-14 Prescribed amount of charge (3) The amount of the charge in respect of a prescribed air transportation service is the lesser of (a) the amount that is determined in respect of the service under subsection (1) or (2), as the case may be, and (b) the amount that is prescribed, or determined in accordance with prescribed rules, in respect of the service. 2002, c. 9, s. 5 “12”; 2003, c. 15, s. 44; 2005, c. 19, s. 2, c. 30, s. 20; 2006, c. 4, s. 33; 2007, c. 35, s. 196; 2010, c. 12, s. 96. Air transportation service deemed to be acquired in Canada 13 (1) An air transportation service that is acquired outside Canada is deemed to have been acquired in Canada and not outside Canada if any consideration for the service is paid (a) by transmission from within Canada to a place outside Canada, by mail or electronic means, of cash, a cheque, a money order, a credit or debit card payment or any similar means of payment, to a ticket office, travel agency or air carrier or any representative of any of them; (b) by delivery of an amount to an agency located within Canada for transmission to a ticket office, travel agency, air carrier or any representative of any of them located outside Canada; or (c) by any other arrangement with a person outside Canada for the benefit or convenience of a person who is resident in Canada. Charter flights (2) If an air transportation service that begins in Canada is acquired outside Canada by a person in the course of a charter operation, the service is deemed to have been acquired in Canada and not outside Canada. Collection of Charge Duty of designated air carrier to collect charge 14 (1) Subject to subsections (2) and (3), every designated air carrier from whom all or part of an air transportation service is acquired by a person who is required by this Act to pay a charge in respect of that service shall, as an agent of Her Majesty, collect the charge not later than the time the charge becomes payable by the person. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Collection of Charge Sections 14-15 Multiple carriers — service acquired in Canada (2) If an air transportation service acquired in Canada is comprised of transportation of an individual by air by two or more designated air carriers, any charge that is payable in respect of the service shall be collected (a) if all of the tickets for the service are issued by a designated air carrier, by that carrier; or (b) in any other case, by the designated air carrier operating the aircraft on which the individual first makes a chargeable emplanement. Issuing carrier deemed to be supplier of service (3) If a ticket for an air transportation service acquired in Canada is issued to a person by a designated air carrier that does not provide any part of the air transportation service, the air transportation service is deemed to have been acquired by the person from that designated air carrier. Multiple carriers — service acquired outside Canada (4) If an air transportation service acquired outside Canada is comprised of transportation of an individual by air by two or more designated air carriers, any charge that is payable in respect of the service shall be collected by the designated air carrier operating the first aircraft that transports the individual to a destination outside Canada and on which the individual makes a chargeable emplanement included in the service. Joint and several or solidary liability (5) If a designated air carrier issues a ticket and accepts consideration on behalf of another designated air carrier for an air transportation service acquired outside Canada in respect of which the other carrier is required to collect a charge, those carriers are jointly and severally or solidarily liable for all obligations under this Act arising from, or as a consequence of, the acquisition of the service or any failure to collect or pay the charge. Trust for amounts collected 15 (1) Every person who collects an amount as or on account of a charge is deemed, for all purposes and despite any security interest (other than a prescribed security interest) in the amount, to hold the amount in trust for Her Majesty, separate and apart from the property of the person and from property held by any secured creditor of the person that, but for a security interest, would be property of the person, until the amount is paid to the Receiver General or withdrawn under subsection (3). Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Collection of Charge Sections 15-15.1 Amounts collected before bankruptcy (2) Subsection (1) does not apply, at or after the time a person becomes a bankrupt (within the meaning of the Bankruptcy and Insolvency Act), to any amounts that, before that time, were collected or became collectible by the person as or on account of a charge. Withdrawal from trust (3) A person who holds amounts in trust by reason of subsection (1) may withdraw from the amounts any amount refunded by the person under section 32. Extension of trust (4) Despite any other provision of this Act, any other enactment of Canada (except the Bankruptcy and Insolvency Act), any enactment of a province or any other law, if at any time an amount deemed by subsection (1) to be held by a person in trust for Her Majesty is not remitted to the Receiver General or withdrawn in the manner and at the time provided under this Part, property of the person and property held by any secured creditor of the person that, but for a security interest, would be property of the person, equal in value to the amount so deemed to be held in trust, is deemed (a) to be held, from the time the amount was collected by the person, in trust for Her Majesty, separate and apart from the property of the person, whether or not the property is subject to a security interest, and (b) to form no part of the estate or property of the person from the time the amount was collected, whether or not the property has in fact been kept separate and apart from the estate or property of the person and whether or not the property is subject to a security interest and is property beneficially owned by Her Majesty despite any security interest in the property or in the proceeds thereof, and the proceeds of the property shall be paid to the Receiver General in priority to all security interests. No action for collection of charge 15.1 No person, other than Her Majesty, may bring an action or proceeding against any person for acting in compliance or intended compliance with this Act by collecting an amount as or on account of the charge. 2010, c. 25, s. 93. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Sections 16-16.1 General Provisions Concerning Charges and Other Amounts Payable Fiscal Periods Determination of fiscal months 16 (1) The fiscal months of a designated air carrier shall be determined in accordance with the following rules: (a) if fiscal months of the carrier have been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, each of those fiscal months is a fiscal month of the carrier for the purposes of this Act; (b) if fiscal months of the carrier have not been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, the carrier may choose, at the time of registration under section 17, as their fiscal months for the purposes of this Act, fiscal months that meet the requirements set out in subsection 243(2) of the Excise Tax Act; and (c) if paragraph (a) does not apply and the carrier has not chosen their fiscal months under paragraph (b), each calendar month is a fiscal month of the carrier for the purposes of this Act. Determination of fiscal half-years (2) The fiscal half-years of a designated air carrier shall be determined in accordance with the following rules: (a) the period beginning on the first day of the first fiscal month in a fiscal year of the carrier and ending on the earlier of the last day of the sixth fiscal month and the last day in the fiscal year is a fiscal half-year of the carrier; and (b) the period, if any, beginning on the first day of the seventh fiscal month and ending on the last day in the fiscal year of the carrier is a fiscal half-year of the carrier. 2002, c. 9, s. 5 "16"; 2010, c. 25, s. 94. Reporting Periods Reporting period — general 16.1 (1) Subject to this section, the reporting period of a designated air carrier is a fiscal month. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Reporting Periods Section 16.1 Reporting period — semi-annual (2) On application in the prescribed form and manner by a designated air carrier, the Minister may, in writing, authorize the reporting period of that carrier to be a fiscal half-year in a particular fiscal year if (a) the carrier has been registered for a period exceeding twelve consecutive fiscal months; (b) the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier in the fiscal year ending immediately before the particular fiscal year did not exceed $120,000; (c) the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier in the particular fiscal year does not exceed $120,000; and (d) the carrier is in compliance with the Act. Deemed revocation (3) An authorization under subsection (2) is deemed to be revoked if the total of all charges and amounts collected or required to be collected under this Act by the carrier and any person associated with the carrier exceeds $120,000 in a fiscal year, which revocation is effective as of the first day after the end of the fiscal halfyear in which the excess occurs. Revocation — other (4) The Minister may revoke an authorization if (a) the carrier requests in writing the Minister to do so; (b) the carrier fails to comply with the Act; or (c) the Minister considers that the authorization is no longer required. Notice of revocation (5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the carrier and shall specify in the notice the fiscal month for which the revocation becomes effective. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Reporting Periods Sections 16.1-17 Deemed reporting period on revocation (6) If a revocation under subsection (4) becomes effective before the last day of a fiscal half-year of a carrier that is authorized under subsection (2), the period beginning on the first day of the fiscal half-year and ending immediately before the first day of the fiscal month for which the revocation becomes effective is deemed to be a reporting period of the carrier. 2010, c. 25, s. 94. Returns and Payments of Charges and Other Amounts Registration 17 (1) Every designated air carrier that is required to collect a charge shall register with the Minister in the prescribed form and manner before the end of the first fiscal month in which the carrier collects or is required to collect charges. Returns and payments (2) Every designated air carrier that is registered or is required to register shall, not later than the last day of the first month after each reporting period of the carrier, (a) file a return with the Minister, in the prescribed form and manner containing all prescribed information, for that reporting period; (b) calculate, in the return, the total of (i) all charges required to be collected by the carrier during that reporting period other than such a charge that was collected by the carrier before that reporting period, (ii) all amounts each of which is a charge collected by the carrier during that reporting period at a time before the charge became payable under subsection 11(2) if the time at which the charge becomes so payable is after the end of that reporting period, and (iii) all other amounts collected as or on account of charges by the carrier during that reporting period that were not included in a calculation under subparagraph (i) or (ii) for a previous reporting period; and (c) pay an amount equal to that total to the Receiver General. 2002, c. 9, s. 5 "17"; 2010, c. 25, s. 95. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Returns and Payments of Charges and Other Amounts Sections 18-21 Amount collected as charge by person not required to collect 18 Every person who collects an amount as or on account of a charge and who is not required to pay it to the Receiver General under subsection 17(2) shall, without delay, pay that amount to the Receiver General and report the matter to the Minister in the prescribed form and manner. Set-off of refunds 19 If, at any time, a designated air carrier files a return under section 17 in which the carrier reports an amount that is required to be paid under this Act by it and the carrier claims a refund payable to it under this Act at that time, in the return or in another return, or in a separate application filed under this Act with the return, the carrier is deemed to have paid at that time, and the Minister is deemed to have refunded at that time, an amount equal to the lesser of the amount required to be paid and the amount of the refund. Large payments 20 Every person who is required under this Act to pay an amount to the Receiver General shall, 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 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 mortgages on real property or hypothecs on immovables. Small amounts owing 21 (1) If, at any time, the total of all unpaid amounts owing by a designated air carrier to the Receiver General under this Act does not exceed $2.00, the amount owing by the carrier is deemed to be nil. Small amounts payable (2) If, at any time, the total of all amounts payable by the Minister to a designated air carrier under this Act does not exceed $2.00, the Minister may apply those amounts against any amount owing, at that time, by the carrier to Her Majesty. However, if the carrier, at that time, does Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Returns and Payments of Charges and Other Amounts Sections 21-22 not owe any amount to Her Majesty, those amounts payable are deemed to be nil. 2002, c. 9, s. 5 “21”; 2006, c. 4, s. 99. Authority for separate returns 22 (1) A designated air carrier 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 refunds under this Act in respect of a branch or division specified in the application. Authorization by Minister (2) On receipt of the application, the Minister may, in writing, authorize the designated air carrier to file separate returns and applications for refunds 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 the location of the branch or division 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 designated air carrier, in writing, requests the Minister to revoke the authorization; (b) the designated air carrier fails to comply with any condition imposed in respect of the authorization or any provision of this Act; (c) the Minister is no longer satisfied that the requirements of subsection (2) in respect of the designated air carrier 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 shall send a notice in writing of the revocation to the designated air carrier and shall specify in the notice the effective date of the revocation. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Returns and Payments of Charges and Other Amounts Sections 23-25 Meaning of “electronic filing” 23 (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 designated air carrier that is required to file with the Minister a return under this Act, 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. Deemed filing (3) For the purposes of this Act, if a designated air carrier files a return by way of electronic filing, the return is deemed to be a return in the prescribed form filed with the Minister on the day the Minister acknowledges acceptance of it. Execution of returns, etc. 24 A return (other than a return filed by way of electronic filing under section 23) or other document made under this Act by a person that is not an individual shall 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. 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 corporation, association or organization, are deemed to be so duly authorized. Extension of time 25 (1) The Minister may at any time extend, in writing, the time for filing a return or providing information under this Act. Effect of extension (2) If the Minister extends the time within which a person shall file a return or provide information under subsection (1), (a) the return shall be filed, or the information shall be provided, within the time so extended; (b) any amount payable that the person is required to report in the return shall be paid within the time so extended; (c) any interest payable under section 27 on the amount referred to in paragraph (b) shall 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 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Returns and Payments of Charges and Other Amounts Sections 25-28 (d) any penalty payable under section 53 in respect of the return shall be calculated as though the return were required to be filed on the day on which the extended time expires. 2002, c. 9, s. 5 “25”; 2006, c. 4, s. 100. Demand for return 26 The Minister may, on demand sent by the Minister, require a designated air carrier to file, within any reasonable time stipulated in the demand, a return under this Act for any period designated in the demand. 2002, c. 9, s. 5 "26"; 2012, c. 19, s. 45. Interest Compound interest on amounts not paid when required 27 (1) If a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall 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 shall 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 Act on the date of the demand, and the person pays the amount demanded on or before the specified date, the Minister shall 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. 2002, c. 9, s. 5 “27”; 2006, c. 4, s. 101. Compound interest on amounts owed by Her Majesty 28 Interest shall be compounded daily at the prescribed rate on amounts owed by Her Majesty 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 and ending on the day on which the amount Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Interest Sections 28-30.1 is paid or is applied against an amount owed by the person to Her Majesty. Application of interest provisions if Act amended 29 For greater certainty, if a provision of an Act amends this Act 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 Act that relate to the calculation and payment of interest apply in respect of the amendment as though the provision had been assented to on the particular day. Waiving or reducing interest 30 (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 reduce any interest payable by the person under this Act on an amount that is required to be paid by the person under this Act 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 shall 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 refunded to the person. 2002, c. 9, s. 5 “30”; 2006, c. 4, s. 102; 2007, c. 18, s. 146; 2010, c. 25, s. 96. Administrative Charge under the Financial Administration Act Dishonoured instruments 30.1 For the purposes of this Act and section 155.1 of the Financial Administration Act, any charge that becomes 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 Act is deemed to be an amount that becomes payable by the person at that time under this Act. 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 in respect of the charge is deemed to Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Administrative Charge under the Financial Administration Act Sections 30.1-32 be extinguished at the time the total of the amount and any applicable interest under this Act is paid. 2006, c. 4, s. 103. Refunds Statutory recovery rights 31 Except as specifically provided under this Act or the Financial Administration Act, no person has a right to recover any money paid to Her Majesty as or on account of, or that has been taken into account by Her Majesty as, an amount payable under this Act. Refund of charge if service not provided 32 (1) A designated air carrier may refund or credit an amount to a person if (a) the carrier collected the amount from the person as or on account of a charge in respect of an air transportation service acquired by the person; (b) the person was required by this Act to pay a charge in respect of the service; and (c) the service (i) was not used by any person before all rights to be provided the transportation by air included in the service expired, or (ii) was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge. Refund of charge collected in error (2) A designated air carrier that has collected from a person an amount as or on account of a charge in excess of the charge that was collectible by the carrier from the person may refund or credit the excess to that person. Issuance of document evidencing refund (3) A designated air carrier that refunds or credits an amount to a person in accordance with subsection (1) or (2) within two years after the day the amount was collected shall, within a reasonable time, issue to the person a document containing information specified by the Minister. Deduction of refund (4) A designated air carrier that has refunded or credited an amount under subsection (1) or (2) within two years Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Refunds Sections 32-33 after the day the amount was collected and that has issued to a person a document in accordance with subsection (3) may deduct the amount of the refund or credit from the amount payable by the carrier under subsection 17(2) for the reporting period of the carrier in which the document is issued to the person, to the extent that the amount of the charge has been included by the carrier in determining the amount payable by the carrier under subsection 17(2) for the reporting period or a preceding reporting period of the carrier. 2002, c. 9, s. 5 "32"; 2010, c. 25, s. 97. Payment in error 33 (1) The Minister may pay a refund to a person (a) if the person paid an amount in excess of the amount that was payable by that person under this Act; or (b) if the person has paid to a designated air carrier an amount as or on account of a charge (i) in respect of an air transportation service that was not used by any person before all rights to be provided the transportation by air included in the service expired, or (ii) in respect of an air transportation service that was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge. Amount of refund (2) The amount of a refund payable by the Minister is, if paragraph (1)(a) applies, the amount of the excess referred to in that paragraph and, if paragraph (1)(b) applies, the amount paid as or on account of the charge. Restriction (3) A refund under this section in respect of an amount shall 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 one of their reporting periods and the Minister has assessed the person for the period under section 39; or (b) the amount was an amount assessed under section 39. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Refunds Sections 33-36 Application for refund (4) A refund of an amount shall not be paid to a person unless the person files with the Minister an application for the refund in the prescribed form and manner within two years after the person paid the amount. 2002, c. 9, s. 5 "33"; 2010, c. 25, s. 98. Restriction on refunds, etc. 34 (1) A refund of an amount under this Act shall not be paid to a person to the extent that it can reasonably be regarded that (a) the amount has previously been refunded, remitted, applied or paid to that person under this or any other Act of Parliament; (b) the person has applied for a refund, payment or remission of the amount under any other Act of Parliament; or (c) the amount has been or will be refunded to the person under section 32. Single application (2) Only one application may be made under this Act for a refund with respect to any matter. Restriction re trustees 35 If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed for reporting periods of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those reporting periods have been paid. 2002, c. 9, s. 5 "35"; 2010, c. 25, s. 99. Overpayment of refunds, etc. 36 (1) If an amount is paid to, or applied to a liability of, a person as a refund under this Act and the person is not entitled to the amount or the amount paid or applied exceeds the refund or other payment to which the person is entitled, the person shall pay to the Receiver General an amount equal to the refund, payment or excess on the day the amount is paid to, or applied to a liability of, the person. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Refunds Sections 36-37 Effect of reduction of refund, etc. (2) For the purpose of subsection (1), if a refund or other payment has been paid to a person in excess of the amount to which the person was entitled and the amount of the excess has, by reason of section 34, reduced the amount of any other refund or other payment to which the person would, but for the payment of the excess, be entitled, the person is deemed to have paid the amount of the reduction to the Receiver General. Records and Information Keeping records 37 (1) Every person who collects or is required to collect a charge shall keep all records that are necessary to determine whether they have complied with this Act. Minister may specify information (2) The Minister may specify in writing 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 shall be kept in Canada in English or French. Electronic records (4) Every person required under this Act to keep a record who does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record. Inadequate records (5) If a person fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require the person to keep any records that the Minister may specify, and the person shall keep the records specified by the Minister. General period for retention (6) Every person who is required to keep records shall 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 (7) If a person who is required under this Act to keep records serves a notice of objection or is a party to an appeal or reference under this Act, the person shall retain Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Records and Information Sections 37-38 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 (8) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or by registered or certified mail, require any person required under this Act to keep records to retain those records for any period that is specified in the demand, and the person shall comply with the demand. Permission for earlier disposal (9) A person who is required under this Act 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 37.1 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 Act. 2014, c. 20, s. 90. Requirement to provide information 38 (1) Despite any other provision of this Act, the Minister may, by a notice served or sent in accordance with subsection (2.1), require a person resident in Canada or a person that is not resident in Canada but that carries on business in Canada to provide any information or record. Notice (2) The notice shall set out (a) a reasonable period 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 (7) to the person of any failure to provide the information or record being sought within the period set out in the notice. Notice (2.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by registered or certified mail; or Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Records and Information Section 38 (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. Review of information requirement (3) If a person is served or sent a notice of a requirement under subsection (1), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement. Powers on review (4) On hearing an application in respect of a requirement, a judge may (a) confirm the requirement; (b) vary the requirement if satisfied that it is appropriate in the circumstances to do so; or (c) set aside the requirement if satisfied that it is unreasonable. Requirement not unreasonable (5) For the purposes of subsection (4), a requirement to provide information or a record shall not be considered to be unreasonable solely because the information or record is under the control of or available to a person that is not resident in Canada, if that person is related, for the purposes of the Income Tax Act, to the person on which the notice of the requirement is served or to which that notice is sent. Time period not to count (6) The period between the day on which an application for the review of a requirement is made and the day on which the application is finally disposed of shall not be counted in the computation of (a) the period set out in the notice of the requirement; or (b) the period within which an assessment may be made under section 42. Consequence of failure (7) If a person fails to comply substantially with a notice served or sent under subsection (1) and the notice is not set aside under subsection (4), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any information or record described in that notice. 2002, c. 9, s. 5 “38”; 2018, c. 27, s. 62; 2021, c. 23, s. 72. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 39-40 Assessments Assessment 39 (1) The Minister may assess a person for any charge or other amount payable by the person under this Act 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 Act 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 and may make an assessment despite any return, application or information provided or not provided. Refund on reassessment (4) If a person has paid an amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been payable by the person in respect of that reporting period, the Minister shall refund to the person the amount of the excess and, for the purpose of section 28, the refund is deemed to have been required to be paid on the day on which the amount was paid to the Minister. Determination of refunds (5) In making an assessment, the Minister may take into account any refund payable to the person being assessed under this Act. If the Minister does so, the person is deemed to have applied for the refund under this Act on the day the notice of assessment is sent. 2002, c. 9, s. 5 "39"; 2010, c. 25, s. 100. Assessment of refund 40 (1) On receipt of an application made by a person for a refund under this Act, the Minister shall, without delay, consider the application and assess the amount of the refund, if any, payable to the person. Reassessment (2) The Minister may reassess or make an additional assessment of the amount of a refund despite any previous assessment of the amount of the refund. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 40-42 Payment (3) If on assessment under this section the Minister determines that a refund is payable to a person, the Minister shall pay the refund to the person. Restriction (4) A refund shall not be paid until the person has filed with the Minister all returns and other records of which the Minister has knowledge that are required to be filed under this Act, the Excise Tax Act, the Income Tax Act, the Excise Act, 2001 and the Underused Housing Tax Act. Interest (5) If a refund is paid to a person, the Minister shall pay interest at the prescribed rate to the person on the refund for the period beginning on the day that is 30 days after the day on which the application for the refund is filed with the Minister and ending on the day on which the refund is paid. 2002, c. 9, s. 5 “40”; 2006, c. 4, s. 104; 2022, c. 5, s. 31. Notice of assessment 41 (1) After making an assessment under this Act, the Minister shall 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 42 (1) Subject to subsections (2) to (4), no assessment in respect of any charge or other amount payable by a person under this Act shall be made more than four years after it became payable by the person under this Act. Exception where objection or appeal (2) A variation of an assessment, or a reassessment, in respect of any charge or other amount payable under this Act 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; or (b) with the written consent of an appellant to dispose of an appeal. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Assessments Sections 42-43 Exception where neglect or fraud (3) 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 refund filed under this Act. Exception where waiver (4) An assessment in respect of any matter specified in a waiver filed under subsection (5) may be made at any time within the period specified in the waiver unless the waiver has been revoked under subsection (6), in which case an assessment may be made at any time during the six months that the waiver remains in effect. Filing waiver (5) Any person may, within the time otherwise limited by subsection (1) for an assessment, waive the application of that subsection 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 (6) Any person who 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 six months after the notice is filed. Objections to Assessment Objection to assessment 43 (1) Any person who has been assessed and who 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 shall (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 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Objections to Assessment Section 43 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 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 of 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 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Objections to Assessment Sections 43-44 Consideration of objection (8) On receipt of a notice of objection, the Minister shall, 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 who wishes to appeal directly to the Tax Court 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 shall notify the person objecting to the assessment of the Minister’s decision by registered or certified mail. Extension of time by Minister 44 (1) If no objection to an assessment is filed under section 43 within the time limited under this Act, 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 Act for doing so. How application made (3) An application must be made by delivering or mailing, to the Chief of Appeals in a Tax Services Office of the 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 shall, without delay, consider the application and grant or refuse it, and shall notify the person of the decision by registered or certified mail. 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 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Objections to Assessment Sections 44-45 Conditions — grant of application (7) No application shall be granted under this section unless (a) the application is made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act 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. 2002, c. 9, s. 5 “44”; 2007, c. 18, s. 147. Appeal Extension of time by Tax Court 45 (1) A person who has made an application under section 44 may apply to the Tax Court to have the application granted after either (a) the Minister has refused the application; or (b) 90 days have elapsed after 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 decision referred to in subsection 44(5) was mailed to the person. How application made (3) An application must be made by filing in the Registry of the Tax Court, in accordance with the Tax Court of Canada Act, three copies of the documents delivered or mailed under subsection 44(3). Copy to the Commissioner (4) The Tax Court must send a copy of the application to the Commissioner. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 45-46 Powers of Tax Court (5) The Tax Court 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) No application shall be granted under this section unless (a) the application under subsection 44(1) was made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act 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 44(1) was made as soon as circumstances permitted it to be made. 2002, c. 9, s. 5 “45”; 2007, c. 18, s. 148. Appeal to Tax Court 46 (1) Subject to subsection (2), a person who has filed a notice of objection to an assessment may appeal to the Tax Court 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 filing of the notice of objection and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has reassessed. No appeal (2) No appeal under subsection (1) may be instituted after the expiry of 90 days after notice that the Minister has Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 46-47 reassessed or confirmed the assessment is sent to the person under subsection 43(10). Amendment of appeal (3) The Tax Court may, on any terms that it sees fit, authorize a person who 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 47 (1) If no appeal to the Tax Court under section 46 has been instituted within the time limited by that section for doing so, a person may make an application to the Tax Court 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 46 for doing so. How application made (3) An application must be made by filing in the Registry of the Tax Court, 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 must send a copy of the application to the office of the Deputy Attorney General of Canada. When order to be made (5) No order shall be made under this section unless (a) the application is made within one year after the expiry of the time limited under section 46 for appealing; and (b) the person demonstrates that (i) within the time limited under section 46 for appealing, 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 appeal, Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 47-51 (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. 2002, c. 9, s. 5 “47”; 2007, c. 18, s. 149. Limitation on appeals to the Tax Court 48 (1) Despite section 46, if a person has filed a notice of objection to an assessment, the person may appeal to the Tax Court 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 43(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 43(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 46, a person may not appeal to the Tax Court 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 49 An appeal to the Tax Court under this Act shall be instituted in accordance with the Tax Court of Canada Act. Disposition of appeal 50 The Tax Court 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 51 (1) If the Minister and another person agree in writing that a question arising under this Act, in respect of any assessment or proposed assessment of the person, Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 51-52 should be determined by the Tax Court, that question shall be determined by that Court. Time during consideration not to count (2) For the purpose of making an assessment of a person who 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 to have a question determined and the day on which the question is finally determined shall not be counted in the computation of (a) the four-year period referred to in subsection 42(1); (b) the period within which a notice of objection to an assessment may be filed under section 43; or (c) the period within which an appeal may be instituted under section 46. Reference of common questions to Tax Court 52 (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 for a determination of the question. Contents of application (2) An application shall 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 shall be served by the Minister on each of the persons named in it and on any other person who, in the opinion of the Tax Court, is likely to be affected by the determination of the question. Determination by Tax Court of question (4) If the Tax Court is satisfied that a determination of a question set out in an application will affect assessments or proposed assessments in respect of two or more persons who have been served with a copy of the application Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Section 52 and who are named in an order of the Tax Court under this subsection, it may (a) if none of the persons so named 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 so named 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, 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, the Minister or any of the persons who have been served with a copy of the application and who are named in an order of the Court under subsection (4) may, in accordance with the provisions of this Act, 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, appeal from the determination. Parties to appeal (7) The parties who 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) shall not be counted in the computation of (a) the four-year period referred to in subsection 42(1); (b) the period within which a notice of objection to an assessment may be filed under section 43; or (c) the period within which an appeal may be instituted under section 46. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge General Provisions Concerning Charges and Other Amounts Payable Appeal Sections 52-55 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 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 under subsection (4). 2002, c. 9, s. 5 “52”; 2007, c. 18, s. 150. Enforcement Penalties Failure to file a return when required 53 Every person who fails to file a return for a reporting period as and when required under this Act shall 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. 2002, c. 9, s. 5 “53”; 2006, c. 4, s. 105; 2010, c. 25, s. 101. 54 [Repealed, 2006, c. 4, s. 106] Waiving or cancelling penalties 55 (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 any penalty payable by the person under section 53 in respect of the reporting period. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Penalties Sections 55-58 Interest where 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 shall 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 refunded to the person. 2002, c. 9, s. 5 “55”; 2006, c. 4, s. 107; 2007, c. 18, s. 151; 2010, c. 25, s. 102. Failure to answer demand 56 Every person who fails to file a return as and when required under a demand issued under section 26 is liable to a penalty of $250. 2002, c. 9, s. 5 “56”; 2006, c. 4, s. 108. Failure to provide information 57 Every person who fails to provide any information or record as and when required under this Act is liable to a penalty of $100 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. False statements or omissions 58 Every person who 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 a penalty of the greater of $250 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount payable under this Act 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 refund or any other payment that may be obtained under this Act, the amount, if any, by which Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Penalties Sections 58-62 (i) the amount that would be the refund or other payment payable to the person if the refund or other payment were determined on the basis of the information provided in the return exceeds (ii) the amount of the refund or other payment payable to the person. Penalty Imposition Notice of imposed penalty 59 A penalty that a person is liable to pay under any of sections 56 to 58 may be imposed by the Minister by a notice served personally or by registered or certified mail to the person’s latest known address, which notice is deemed to be an assessment. When penalty becomes payable 60 The amount of penalty imposed on a person under section 59 is payable by the person to the Receiver General at the time it is imposed. Offences and Punishment Offence for failure to file return or to comply with demand or order 61 (1) Every person who fails to file or make a return as and when required under this Act or who fails to comply with an obligation under subsection 37(5) or (8) or section 38 or an order made under section 66 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 $1,000 and not more than $25,000 or to imprisonment for a term not exceeding 12 months, or to both. Saving (2) A person who is convicted of an offence under subsection (1) for a failure to comply with a provision of this Act is not liable to pay a penalty imposed under section 53, 56 or 57 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. 2002, c. 9, s. 5 “61”; 2006, c. 4, s. 109. Offences for false or deceptive statement 62 (1) Every person commits an offence who Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Offences and Punishment Section 62 (a) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive statement in a return, application, certificate, record or answer filed or made as required under this Act; (b) for the purposes of evading payment of any amount payable under this Act, or obtaining a refund to which the person is not entitled under this Act, (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) wilfully, in any manner, evades or attempts to evade compliance with this Act or payment of an amount payable under this Act; (d) wilfully, in any manner, obtains or attempts to obtain a refund to which the person is not entitled under this Act; or (e) conspires with any person to commit an offence described in any of paragraphs (a) to (d). Punishment (2) Every person who 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 (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 refund sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $1,000 and not more than $25,000; (b) imprisonment for a term not exceeding 18 months; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding 18 months. Penalty on conviction (3) A person who is convicted of an offence under subsection (1) is not liable to pay a penalty imposed under any of sections 53 and 56 to 58 for the same evasion or attempt unless a notice of assessment for that penalty was Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Offences and Punishment Sections 62-67 issued before the information or complaint giving rise to the conviction was laid or made. Stay of appeal (4) If, in any appeal under this Act, 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 and, on doing so, the proceedings before the Tax Court are stayed pending a final determination of the outcome of the prosecution. 2002, c. 9, s. 5 “62”; 2006, c. 4, s. 110. Failure to pay or collect charges 63 Every person who wilfully fails to pay or collect a charge as and when required under this Act 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 or collected; (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 64 Every person who fails to comply with any provision of this Act or the regulations made under this Act for which no other offence is specified in this Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $1,000. Defence of due diligence 65 No person shall be convicted of an offence under this Act if the person establishes that they exercised all due diligence to prevent the commission of the offence. Compliance orders 66 If a person is convicted by a court of an offence for a failure to comply with a provision of this Act, the court may make such order as it deems proper in order to enforce compliance with the provision. Officers of corporations, etc. 67 If a person other than an individual commits an offence under this Act, every officer, director or agent of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Offences and Punishment Sections 67-69 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 68 Despite the Criminal Code or any other law, the court has, in any prosecution or proceeding under this Act, neither the power to impose less than the minimum fine fixed under this Act nor the power to suspend sentence. Information or complaint 69 (1) An information or complaint under this Act may be laid or made by any officer of the 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 Act, it is deemed to have been laid or made by a person so authorized by the Minister and shall 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. Two or more offences (2) An information or complaint in respect of an offence under this Act may be for one or more offences, and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act 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 Act may be heard, tried or determined by any court, if the accused is resident, carrying on a commercial activity, found or apprehended or is in custody within the court’s territorial jurisdiction even though the matter of the information or complaint did not arise within that territorial jurisdiction. Limitation of prosecutions (4) An information or complaint under the provisions of the Criminal Code relating to summary convictions, in respect of an offence under this Act, may be laid or made within two years after the day on which the matter of the information or complaint arose. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Inspections Section 70 Inspections By whom 70 (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 Act, inspect, audit or examine the records, processes, property or premises of a person in order to determine whether that or any other person is in compliance with this Act. 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 records or carries on any activity to which this Act applies; 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 Act; and (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 Act, the judge may, to the extent that access was or may be expected to Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Inspections Sections 70-72 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 Act. 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. Copies of records 71 A person who inspects, audits, examines or is provided a record under section 70 may make, or cause to be made, one or more copies of the record. Collection Definitions 72 (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 74 to 79. (action) charge debt means any amount payable by a person under this Act. (dette fiscale) 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 that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. (représentant légal) Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 72 Debts to Her Majesty (1.1) A charge debt is a debt due to Her Majesty and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act. Court proceedings (2) 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 Act, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (2.1) 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 (2.2) 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 80(1) in respect of the charge debt, is sent to or served on the person, after March 3, 2004, on the last day on which one of those notices is sent or served, (ii) if no notice referred to in subparagraph (i) in respect of the charge debt was sent or served and the earliest day on which the Minister can commence an action to collect that charge debt is after March 3, 2004, on that earliest day, and (iii) in any other case, on March 4, 2004; and (b) ends, subject to subsection (2.6), on the day that is 10 years after the day on which it begins. Limitation period restarted (2.3) The limitation period described in subsection (2.2) for the collection of a charge debt of a person restarts (and ends, subject to subsection (2.6), 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 (2.4); Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 72 (b) the Minister commences an action to collect the charge debt; or (c) the Minister, under subsection 75(8) or 81(4), assesses another person in respect of the charge debt. Acknowledgement of charge debts (2.4) 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 legal representative (2.5) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. Extension of limitation period (2.6) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: (a) the Minister has accepted and holds security in lieu of payment of the charge debt; (b) if the person was resident in Canada on the applicable date described in paragraph (2.2)(a) in respect of the charge debt, the person is nonresident; or (c) 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. Assessment before collection (3) The Minister may not take any collection action under sections 74 to 79 in respect of any amount payable by a person that may be assessed under this Act, other than interest under section 27, unless the amount has been assessed. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Sections 72-74 Interest on judgments (4) If a judgment is obtained for any amount payable under this Act, including a certificate registered under section 74, the provisions of this Act 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 (5) If an amount is payable by a person to Her Majesty because of an order, judgment or award of a court in respect of the costs of litigation relating to a matter to which this Act applies, sections 73 to 80 apply to the amount as if it were payable under this Act. 2002, c. 9, s. 5 “72”; 2004, c. 22, s. 45; 2006, c. 4, s. 111; 2010, c. 25, s. 103. Security 73 (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 Act. Surrender of excess security (2) If a person who has furnished security, or on whose behalf security has been furnished, 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 received by the Minister, the amount that is sought to be secured. Certificates 74 (1) Any amount payable by a person (in this section referred to as the “debtor”) under this Act that has not been paid as and when required under this Act 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 in respect of a debtor shall 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 Act to the day of payment and, for the purposes of those proceedings, the certificate is Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 74 deemed to be a judgment of the Court against the debtor for a debt due to Her Majesty and enforceable as such. Costs (3) All reasonable costs and charges incurred or paid for the registration in the Federal Court of a certificate 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. 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 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 such property, held by the debtor, or (b) such property or interest 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. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 74 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 (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 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 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 of a property registry system of a province, or Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 74 (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 shall be accepted for filing, registration or other recording or the access shall 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 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. Sale, etc. (8) Despite any law of Canada or of a province, a sheriff or other person shall 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, but if that consent is subsequently given, any property that would have been affected by such a process, charge, lien, priority or binding interest if the Minister’s consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be, shall be bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time the 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 shall 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 shall be completed for the same purpose, and the sheriff or other person, having complied with this subsection, is deemed to have complied with the Act, regulation or rule requiring the information to be set out in the minute, notice or document. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Sections 74-75 Application for an order (10) A sheriff or other person who 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. Deemed security (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 the legislature 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; (b) to refer to the rate of interest to be charged on the separate amounts making up the amount payable in general terms as interest at the prescribed rate under this Act 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 (c) to refer to the penalty calculated under section 53 to be charged on the separate amounts making up the amount payable in general terms as a penalty under that section on amounts payable to the Receiver General. 2002, c. 9, s. 5 “74”; 2006, c. 4, s. 112. Garnishment 75 (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 who is liable to pay an amount under this Act (in this section referred to as a “debtor”), Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 75 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 becomes 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 Act. 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 who is indebted to the institution and who 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 who 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 Act the money that would otherwise be so loaned, advanced or paid. Amounts payable to secured creditor (3) Despite any provision of this or any other Act (other than the Bankruptcy and Insolvency Act), any enactment of a province or any law, if the Minister has knowledge or suspects that a person is or will become, within 90 days, liable to make a payment to a debtor or to a secured creditor who has a right to receive the payment that, but for a security interest in favour of the secured creditor, would be payable to the debtor, the Minister may, by a notice in writing, require the person to pay without delay, if the moneys are immediately payable, and in any other case, as and when the moneys become payable, the moneys otherwise payable to the debtor or the secured creditor in whole or in part to the Receiver General on account of the debtor’s liability under this Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 75 Act. On receipt of that letter by the person, the amount of those moneys that is required by that letter to be paid to the Receiver General becomes, despite any security interest in those moneys, the property of Her Majesty to the extent of that liability as assessed by the Minister and shall be paid to the Receiver General in priority to any such security interest. Effect of receipt (4) 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 (5) If the Minister has, under this section, required a person to pay to the Receiver General on account of the liability under this Act 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 Act 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. Failure to comply (6) Every person who fails to comply with a requirement under subsection (1) or (5) is liable to pay to Her Majesty an amount equal to the amount that the person was required under that subsection to pay to the Receiver General. Other failures to comply (7) 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 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 (8) 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, Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Sections 75-78 sections 39 to 52 apply with any modifications that the circumstances require. Time limit (9) An assessment of an amount payable under this section by a person to the Receiver General shall not 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 (10) 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 (8), 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 76 If a person is indebted to Her Majesty under this Act, 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. Acquisition of debtor’s property 77 For the purpose of collecting debts owed by a person to Her Majesty under this Act, the Minister may purchase or otherwise acquire any interest 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 so acquired in any manner that the Minister considers reasonable. Money seized from debtor 78 (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 who is liable to pay any amount under this Act (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 Act. Receipt of Minister (2) A receipt issued by the Minister for money turned over 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. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Sections 79-81 Seizure if failure to pay 79 (1) If a person fails to pay an amount as required under this Act, 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) shall 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, shall be paid or returned to the owner of the things seized. Exemptions from seizure (4) Anything 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 80 (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 registered or certified mail addressed to their latest known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount shall be paid without delay despite any other provision of this Act. 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 79(2) to (4) apply, with any modifications that the circumstances require. Liability of directors 81 (1) If a corporation fails to pay any amount as and when required under this Act, the directors of the corporation at the time it was required to pay it are jointly and Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Section 81 severally or solidarily liable, together with the corporation, to pay it and any interest that is payable on it under this Act. Limitations (2) A director of a corporation is not liable unless (a) a certificate for the amount of the corporation’s liability has been registered in the Federal Court under section 74 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has commenced liquidation or dissolution proceedings or has been dissolved, and a claim for the amount of the corporation’s liability has been proved within six months after the earlier of the date of commencement of the proceedings and the date of dissolution; or (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order. Diligence (3) A director of a corporation is not liable for a failure under subsection (1) if the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. Assessment (4) The Minister may assess any person for any amount payable by the person under this section and, if the Minister sends a notice of assessment, sections 39 to 52 apply with any modifications that the circumstances require. Time limit (5) An assessment of any amount payable by a person who is a director of a corporation shall not be made more than two years after the person ceased to be a director of the corporation. Amount recoverable (6) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Collection Sections 81-83 Preference (7) If a director of a corporation pays an amount in respect of the corporation’s liability that is proved in liquidation, dissolution or bankruptcy proceedings, the director is entitled to any preference to which Her Majesty would have been entitled had the amount not been so paid, and if a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director’s payment, which assignment the Minister is empowered to make. Contribution (8) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim. 2002, c. 9, s. 5 “81”; 2004, c. 25, s. 184. Evidence and Procedure Sending by mail 82 (1) For the purposes of this Act and subject to subsection (2), anything sent by registered, certified or first class mail is deemed to have been received by the person to whom it was sent on the day it was mailed. Paying by mail (2) A person who is required under this Act to pay an amount is deemed not to have paid it until it is received by the Receiver General. Proof of service by mail 83 (1) If, under this Act, provision is made for sending by mail a request for information, a notice or a demand, an affidavit of an officer of the 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) such a request, notice or demand was sent by registered or certified mail on a specified day to a specified person and address; and (c) the officer identifies as exhibits attached to the affidavit the post office certificate of registration of the letter or a true copy of the relevant portion of the certificate and a true copy of the request, notice or demand. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Evidence and Procedure Section 83 Proof of personal service (2) If, under this Act, provision is made for personal service of a request for information, a notice or a demand, an affidavit of an officer of the 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) such a 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 Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the 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 of failure to comply (3) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the 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 person did not make the return, application, statement, answer or certificate. Proof of time of compliance (4) If, under this Act, a person is required to make a return, an application, a statement, an answer or a Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Evidence and Procedure Section 83 certificate, an affidavit of an officer of the 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 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 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 no appeal (6) An affidavit of an officer of the 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 Agency 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 Act 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 assessment was received within the time allowed for an objection or appeal to be filed under this Act, is evidence of the statements contained in the affidavit. Presumption (7) 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 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 (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner of Customs and Revenue, the Commissioner or the officer, unless it has been called Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Evidence and Procedure Section 83 into question by the Minister or a person acting for the Minister or for Her Majesty. Mailing or sending date (9) If a notice or demand that the Minister is required or authorized under this Act 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 deemed to be the date of the notice or demand. Date electronic notice sent (9.1) For the purposes of this Act, 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 deemed to be 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 (10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of sending of the notice of assessment. Proof of return (11) In a prosecution for an offence under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, 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 (12) For the purposes of this Act, a document presented by the Minister purporting to be a printout of the information in respect of a person received under section 23 by the Minister shall be received as evidence and, in the Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Enforcement Evidence and Procedure Sections 83-84 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. (13) In a proceeding under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, 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 (14) In a prosecution for an offence under this Act, an affidavit of an officer of the 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 an examination of the records shows that an amount required under this Act to be paid to the Receiver General has not been received by the Receiver General, is evidence of the statements contained in the affidavit. Probative force of copy (15) Any copy of an original record made under section 71 that is purported to be certified by the Minister or an officer to be a copy of the original record 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. 2002, c. 9, s. 5 “83”; 2005, c. 38, s. 32; 2010, c. 25, s. 104; 2021, c. 23, s. 73. Regulations Regulations 84 (1) The Governor in Council may make regulations prescribing any matter or thing that by this Act is to be or may be prescribed and generally to carry out the purposes and provisions of this Act. Amendments to the schedule (1.1) The Governor in Council may, by regulation, amend the schedule by adding, deleting or varying the reference to an airport. Effect (2) A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and (a) has a relieving effect only; Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge Regulations Section 84 (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made. 2002, c. 9, s. 5 “84”; 2007, c. 18, s. 152. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge SCHEDULE Listed Airports SCHEDULE (Section 2 and subsection 84(1.1)) Listed Airports Ontario Hamilton Kingston Kitchener/Waterloo Regional London North Bay Ottawa (Macdonald-Cartier International) Sarnia (Chris Hadfield) Sault Ste. Marie Sudbury Thunder Bay Timmins Toronto/Buttonville Municipal Toronto (City Centre) Toronto (Lester B. Pearson International) Windsor Quebec Alma Bagotville Baie-Comeau Chibougamau/Chapais Gaspé Îles-de-la-Madeleine Kuujjuaq Kuujjuarapik La Grande Rivière Lourdes-de-Blanc-Sablon Mont Joli Montreal International (Dorval) Montreal International (Mirabel) Quebec (Jean Lesage International) Rivière-Rouge (Mont Tremblant International) Roberval Rouyn-Noranda Sept-Îles Val d’Or Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge SCHEDULE Listed Airports Nova Scotia Halifax International Sydney Yarmouth New Brunswick Bathurst Charlo Fredericton Moncton Saint John St. Leonard Manitoba Brandon Thompson Winnipeg International British Colombia Abbotsford Campbell River Castlegar Comox Cranbrook Dawson Creek Fort St. John Kamloops Kelowna Nanaimo Penticton Prince George Prince Rupert Quesnel Sandspit Smithers Terrace Vancouver International Victoria International Williams Lake Prince Edward Island Charlottetown Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge SCHEDULE Listed Airports Saskatchewan Prince Albert Regina Saskatoon (John G. Diefenbaker International) Alberta Calgary International Edmonton International Fort McMurray Grande Prairie Lethbridge Lloydminster Medicine Hat Red Deer Regional Newfoundland and Labrador Churchill Falls Deer Lake Gander International Goose Bay St. Anthony St. John’s International Stephenville Wabush Yukon Whitehorse International Northwest Territories Yellowknife Nunavut Iqaluit 2002, c. 9, s. 5 “Sch.”; 2007, c. 18, ss. 153 to 156. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge RELATED PROVISIONS RELATED PROVISIONS — 2003, c. 15, s. 44 (2) 44 (2) Subsection (1) applies in respect of any air transportation service that includes a chargeable emplanement after February 2003 and for which any consideration is paid or becomes payable after February 2003. — 2005, c. 19, s. 2 (9) 2 (9) Subsections (1) to (8) apply in respect of any air transportation service that includes a chargeable emplanement on or after April 1, 2004 and for which any consideration is paid or becomes payable on or after April 1, 2004. — 2005, c. 30, s. 20 (9) 20 (9) Subsections (1) to (8) apply in respect of any air transportation service that includes a chargeable emplanement on or after March 1, 2005 and for which any consideration is paid or becomes payable on or after that day. — 2006, c. 4, s. 33 (5) 33 (5) Subsections (1) to (4) apply in respect of any air transportation service that includes a chargeable emplanement on or after July 1, 2006 and for which any consideration is paid or becomes payable on or after that day. — 2006, c. 4, s. 100 (2) 100 (2) Subsection (1) applies in respect of any extension of time that expires on or after April 1, 2007. — 2006, c. 4, ss. 101 (4), (5) 101 (4) For the purposes of applying subsection 27(1) of the Act, as enacted by subsection (1), any penalty accrued before April 1, 2007 that remains unpaid on April 1, 2007 is deemed to be an amount required to be paid to the Receiver General on March 31, 2007. (5) Subsection (2) comes into force on April 1, 2007, except that, in respect of any demand served before April 1, 2007 for which a penalty under subsection 53(1) of the Act, as it read on March 31, 2007, is payable, subsection 27(3) of the Act, as enacted by subsection (2), shall be read as follows: Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge RELATED PROVISIONS (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 Act on the date of the demand, and the person pays the amount demanded on or before the specified date, the Minister shall waive any penalty and 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. — 2006, c. 4, s. 103 (2) 103 (2) Subsection (1) applies in respect of any instrument that is dishonoured on or after April 1, 2007. — 2006, c. 4, s. 105 (3) 105 (3) For the purposes of section 53 of the Act, as enacted by subsection (1), a return that is required to be filed before April 1, 2007 and that has not been filed before that day is deemed to be required to be filed on March 31, 2007. — 2006, c. 4, s. 106 (2) 106 (2) Subsection (1) applies in respect of any extension of time that expires on or after April 1, 2007. — 2006, c. 4, s. 108 (2) 108 (2) Subsection (1) applies in respect of any demand served under section 26 of the Act by the Minister of National Revenue on or after April 1, 2007. — 2006, c. 4, s. 109 (2) 109 (2) Subsection (1) applies in respect of any penalty imposed on or after April 1, 2007. — 2006, c. 4, s. 110 (2) 110 (2) Subsection (1) applies in respect of any penalty imposed on or after April 1, 2007. — 2006, c. 4, s. 112 (2) 112 (2) Subsection (1) applies in respect of any certificate made under subsection 74(1) of the Act in respect of amounts that became payable to the Receiver General on or after April 1, 2007. Current to June 20, 2022 Last amended on June 9, 2022 Air Travellers Security Charge RELATED PROVISIONS — 2010, c. 12, s. 96 (9) 96 (9) Subsections (1) to (8) apply in respect of an air transportation service that includes a chargeable emplanement on or after April 1, 2010 unless, (a) if any consideration is paid or payable in respect of the service, all of the consideration is paid before April 1, 2010; or (b) if no consideration is paid or payable in respect of the service, a ticket is issued before April 1, 2010. — 2010, c. 25, s. 93 (2) 93 (2) Subsection (1) applies to any action or proceeding that has not, on or before July 13, 2010, been finally determined by the tribunals or courts of competent jurisdiction. Current to June 20, 2022 Last amended on June 9, 2022

CONSOLIDATION Airport Transfer (Miscellaneous Matters) Act S.C. 1992, c. 5 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 to provide for certain matters in connection with the transfer of certain airports Short Title 1 Short title Interpretation and Application 2 Definitions Her Majesty 3 Binding on Her Majesty Official Languages 4 Application of Official Languages Act Pension Benefits 5 Pension benefits Income Tax 8 Exemption from income tax Seizure and Detention of Aircraft 9 Seizure and detention for fees and charges Exempt aircraft Qualified Investment 11 Debt obligations qualified Current to June 20, 2022 Last amended on April 1, 2005 ii S.C. 1992, c. 5 An Act to provide for certain matters in connection with the transfer of certain airports [Assented to 19th March 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 Airport Transfer (Miscellaneous Matters) Act. Interpretation and Application Definitions 2 (1) In this Act, designated airport authority means a corporation or other body designated pursuant to subsection (2); (administration aéroportuaire désignée) designated employee, for an airport, means an employee designated pursuant to subsection (3) as a designated employee for that airport; (employé désigné) Minister means the Minister of Transport; (ministre) transfer date, in respect of an airport, means the date designated pursuant to subsection (2) for that airport. (Version anglaise seulement) Designations by Governor in Council (2) For the purposes of this Act, the Governor in Council may, by order, Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Interpretation and Application Sections 2-4 (a) designate any corporation or other body to which the Minister is to sell, lease or otherwise transfer an airport as a designated airport authority; and (b) designate the date on which the Minister is to sell, lease or otherwise transfer an airport to a designated airport authority as the transfer date for that airport. Designation by Minister (3) For the purposes of this Act, the Minister may, by order, designate any person employed in the federal public administration at or in connection with an airport or airports under the management, charge and direction of the Minister as a designated employee for an airport. 1992, c. 5, s. 2; 2003, c. 22, s. 224(E). Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Official Languages Application of Official Languages Act 4 (1) Where the Minister has leased an airport to a designated airport authority, on and after the transfer date Parts IV, V, VI, VIII, IX and X of the Official Languages Act apply, with such modifications as the circumstances require, to the authority in relation to the airport as if (a) the authority were a federal institution; and (b) the airport were an office or facility of that institution, other than its head or central office. Idem (1.1) Where the Minister has sold or otherwise transferred an airport to a designated airport authority, on and after the transfer date Parts IV, VIII, IX and X of the Official Languages Act apply, with such modifications as the circumstances require, to the authority in relation to the airport as if (a) the authority were a federal institution; and (b) the airport were an office or facility of that institution, other than its head or central office. Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Official Languages Sections 4-5 Construction (2) Nothing in subsection 23(2) of the Official Languages Act shall, in relation to an airport transferred to a designated airport authority by the Minister, be construed or applied so as to impose a duty on any institution other than that authority. 1992, c. 5, s. 4, c. 42, s. 2. Pension Benefits Pension benefits 5 (1) Where the Minister has sold, leased or otherwise transferred an airport to a designated airport authority, the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply, in the manner and to the extent provided by the regulations made under subsection (3), to any person who meets all of the following criteria: (a) the person is a designated employee for the airport and, immediately prior to the transfer date, was a contributor under the Public Service Superannuation Act; (b) on the transfer date, the person became an employee of the designated airport authority; (c) the President of the Treasury Board has not made a payment pursuant to section 40 of the Public Service Superannuation Act in respect of the pensionable service to that person’s credit under that Act immediately prior to the transfer date; (d) the person has not received or opted to receive any annuity or other benefit under section 12 or 13 of the Public Service Superannuation Act in respect of the pensionable service to the person’s credit under that Act immediately prior to the transfer date; and (e) the person elects, within one year after the transfer date 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 the person in the manner and to the extent provided by the regulations made under subsection (3). Election irrevocable (2) An election under paragraph (1)(e) is irrevocable. Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Pension Benefits Sections 5-8 Regulations (3) The Governor in Council may, on the recommendation of the President of the Treasury Board, make regulations (a) respecting the manner in which and the extent to which provisions, as amended, of the Acts and regulations referred to in subsection (1) apply to persons who make an election under paragraph (1)(e); (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. Retroactivity (4) Regulations made under subsection (3) may, if they so provide, be retroactive and have effect with respect to any period before they were made. 6 and 7 [Repealed, 1998, c. 26, s. 72] Income Tax Exemption from income tax 8 (1) No tax is payable under Part I of the Income Tax Act by a corporation for a taxation year commencing after 1990 on that portion of its taxable income for the year that may reasonably be regarded as being derived from an airport business if (a) throughout the year, the corporation was a designated airport authority and no part of the income or capital of the corporation was or became payable to, or otherwise available for the personal benefit of, any member or shareholder of the corporation; and (b) all or substantially all of the gross revenue of the corporation, other than dividends received from a taxable Canadian corporation, in the year was derived from an airport business. Idem (2) No tax is payable under Parts I.3, IV and IV.1 of the Income Tax Act by a corporation for a taxation year commencing after 1990 for which no tax is payable on all or a portion of its taxable income by reason of subsection (1). Same meaning (3) Unless a contrary intention appears, words and expressions used in this section have the same meaning as in the Income Tax Act. Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Income Tax Sections 8-9 Definitions (4) For the purposes of subsection (1), airport business means the business of operating an airport and any activities incidental or pertaining to that operation and, without restricting the generality of the foregoing, includes the rental or leasing of real property situated at the airport, the making of investments, the granting of franchises, concessions and licences and the provision of parking facilities at the airport and heliport facilities and bus services serving the airport, but does not include activities relating to the operation of a hotel, motel, restaurant, bar, retail or wholesale store, a motor vehicle rental or leasing service, a taxi or limousine service, a freight transportation service, an airline, an aircraft rental or leasing service, an aircraft fuelling or maintenance service, a currency exchange service or an amusement or entertainment centre or any prescribed activity; (activités aéroportuaires) taxation year, in respect of a corporation, means (a) where the corporation is designated as a designated airport authority in a taxation year of the corporation, only that part of that year following the designation, and (b) where the corporation ceases to be a designated airport authority in a taxation year of the corporation, only that part of that year preceding the cessation. (année d’imposition) 1992, c. 42, s. 3; 1999, c. 31, s. 247(F). Seizure and Detention of Aircraft Seizure and detention for fees and charges 9 (1) Where the amount of any landing fees, general terminal fees or other charges related to the use of an airport, and interest thereon, set by a designated airport authority in respect of an airport operated by the authority has not been paid, the authority may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft owned or operated by the person liable to pay the amount is situated, obtain an order of the court, issued on such terms as the court considers necessary, authorizing the authority to seize and detain aircraft. Idem (2) Where the amount of any fees, charges and interest referred to in subsection (1) has not been paid and the Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Seizure and Detention of Aircraft Sections 9-11 designated airport authority has reason to believe that the person liable to pay the amount is about to leave Canada or take from Canada any aircraft owned or operated by the person, the authority may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court considers necessary, authorizing the authority to seize and detain aircraft. Release on payment (3) Subject to subsection (4), except where otherwise directed by an order of a court, a designated airport authority is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid. Release on security (4) A designated airport authority shall release from detention an aircraft seized under subsection (1) or (2) if a bond, suretyship or other security in a form satisfactory to the authority for the amount in respect of which the aircraft was seized is deposited with the authority. Same meaning (5) Words and expressions used in this section and section 10 have the same meaning as in the Aeronautics Act. 1992, c. 42, s. 3; 2001, c. 4, s. 55(E). Exempt aircraft 10 (1) Any aircraft of a person referred to in subsection 9(1) or (2) that would be exempt from seizure under a writ of execution issued by the superior court of the province in which the aircraft is situated is exempt from seizure and detention under that subsection. Exemption (2) The Governor in Council may, by regulation, exempt any aircraft from seizure and detention under section 9. 1992, c. 42, s. 3. Qualified Investment Debt obligations qualified 11 For the purpose of qualifying the bonds, debentures or other evidences of indebtedness of a designated airport authority Current to June 20, 2022 Last amended on April 1, 2005 Airport Transfer (Miscellaneous Matters) Qualified Investment Section 11 (a) as an authorized investment under paragraph 86(i) of the Canadian and British Insurance Companies Act, paragraph 61(1)(b) of the Loan Companies Act or paragraph 78(1)(b) of the Trust Companies Act, (b) as a permitted investment under paragraph 1(j) 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(i) of Schedule II to the Canadian and British Insurance Companies Act or paragraph 1(i) of the schedule to the Foreign Insurance Companies Act, the rights and interests acquired by the authority under the instrument executed by the Minister that transfers an airport to the authority are deemed to be assets listed in that paragraph. 1992, c. 42, s. 3. Current to June 20, 2022 Last amended on April 1, 2005

CONSOLIDATION Alberta Natural Resources Act S.C. 1930, 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 respecting the transfer of the Natural Resources of Alberta 1 Short title Agreement confirmed / Proviso SCHEDULE SCHEDULE Current to June 20, 2022 ii S.C. 1930, c. 3 An Act respecting the transfer of the Natural Resources of Alberta [Assented to 30th May 1930] His 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 Alberta Natural Resources Act. Agreement confirmed / Proviso 2 The agreement set out in the schedule hereto is hereby approved, subject to the proviso that, in addition to the rights accruing hereunder to the province of Alberta, the said province shall be entitled to such further rights, if any, with respect to the subject matter of the said agreement as are required to be vested in the said province in order that it may enjoy rights equal to those which may be conferred upon or reserved to the province of Saskatchewan under any agreement upon a like subject matter hereafter approved and confirmed in the same manner as the said agreement. Current to June 20, 2022 Alberta Natural Resources SCHEDULE SCHEDULE Memorandum of Agreement made this fourteenth day of December, 1929, BETWEEN THE GOVERNMENT OF THE DOMINION OF CANADA, represented herein by the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, Of the first part, AND THE GOVERNMENT OF THE PROVINCE OF ALBERTA, represented herein by the Honourable John Edward Brownlee, Premier of Alberta, and the Honourable George Hoadley, Minister of Agriculture and Health, Of the second part. Whereas by section twenty-one of The Alberta Act, being chapter three of four and five Edward the Seventh, it was provided that “All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the province under The North-west Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North-west Territories”; * * [Note: Act in force on assent May 30, 1930.] And Whereas it is desirable that the Province should be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources as from its entrance into Confederation in 1905; And Whereas it has been agreed between Canada and the said Province that the provisions of The Alberta Act should be modified as herein set out; Now Therefore This Agreement Witnesseth: Transfer of Public Lands Generally 1 In order that the Province may be in the same position as the original Provinces of Confederation are in virtue of section one hundred and nine of the British North America Act, 1867, the interest of the Crown in all Crown lands, mines, minerals (precious and base) and royalties derived therefrom within the Province and the interest of the Crown in the waters and water-powers within the Province under the Northwest Irrigation Act, 1898, and the Dominion Water Power Current to June 20, 2022 Alberta Natural Resources SCHEDULE Act, and all sums due or payable for such lands, mines, minerals or royalties, or for interests or rights in or to the use of such waters or water-powers, shall, from and after the coming into force of this agreement and subject as therein otherwise provided, belong to the Province, subject to any trusts existing in respect thereof, and to any interest other than that of the Crown in the same, and the said lands, mines, minerals and royalties shall be administered by the Province for the purposes thereof, subject, until the Legislature of the Province otherwise provides, to the provisions of any Act of the Parliament of Canada relating to such administration; any payment received by Canada in respect of any such lands, mines, minerals or royalties before the coming into force of this agreement shall continue to belong to Canada whether paid in advance or otherwise, it being the intention that, except as herein otherwise specially provided, Canada shall not be liable to account to the Province for any payment made in respect of any of the said lands, mines, minerals or royalties before the coming into force of this agreement, and that the Province shall not be liable to account to Canada for any such payment made thereafter. 2 The Province will carry out in accordance with the terms thereof every contract to purchase or lease any Crown lands, mines or minerals and every other arrangement whereby any person has become entitled to any interest therein as against the Crown, and further agrees not to affect or alter any term of any such contract to purchase, lease or other arrangement by legislation or otherwise, except either with the consent of all the parties thereto other than Canada or in so far as any legislation may apply generally to all similar agreements relating to lands, mines or minerals in the Province or to interests therein, irrespective of who may be the parties thereto or is legislation relating to the conservation of oil resources or gas resources or both by the control or regulation of the production of oil or gas or both, whether by restriction or prohibition and whether generally or with respect to any specified area or any specified well or wells or by repressuring of any oil field, gas field or oil-gas field, and, incidentally thereto, providing for the compulsory purchase of any well or wells. 3 Any power or right, which, by any such contract, lease or other arrangement, or by any Act of the parliament of Canada relating to any of the lands, mines, minerals or royalties hereby transferred or by any regulation made under any such Act, is reserved to the Governor in Council or to the Minister of the Interior or any other officer of the Government of Canada, may be exercised by such officer of the Government of the Province as may, be specified by the Legislature thereof from time to time and until otherwise directed, may be exercised by the Provincial Secretary of the Province. 4 The Province will perform every obligation of Canada arising by virtue of the provisions of any statute or order in council or regulation in respect of the public lands to be administered by it hereunder to any person entitled to a grant of Current to June 20, 2022 Alberta Natural Resources SCHEDULE lands by way of subsidy for the construction of railways or otherwise or to any railway company for grants of lands for right of way, road bed, stations, station grounds, work-shops, buildings, yards, ballast pits or other appurtenances. 5 The Province will further be bound by and will, with respect to any lands or interests in lands to which the Hudson’s Bay Company may be entitled, carry out the terms and conditions of the Deed of Surrender from the said Company to the Crown as modified by the Dominion Lands Act and the Agreement dated the 23rd day of December, 1924, between His Majesty and the said Company, which said Agreement was approved by Order in Council dated the 19th day of December, 1924 (P.C. 2158), and in particular the Province will grant to the Company any lands in the Province which the Company may be entitled to select and may select from the lists of lands furnished to the Company by the Minister of the Interior under and pursuant to the said Agreement of the 23rd day of December, 1924, and will release and discharge the reservation in patents referred to in clause three of the said agreement, in case such release and discharge has not been made prior to the coming into force of this agreement. Nothing in this agreement, or in any agreement varying the same as hereinafter provided, shall in any way prejudice or diminish the rights of the Hudson’s Bay Company or affect any right to or interest in land acquired or held by the said Company pursuant to the Deed of Surrender from it to the Crown, the Dominion Lands Act or the said Agreement of the 23rd day of December, 1924. School Lands Fund and School Lands 6 Upon the coming into force of this agreement, Canada will transfer to the Province the money or securities constituting that portion of the school lands fund, created under sections twenty-two and twenty-three of The Act to amend and consolidate the several Acts respecting Public Lands of the Dominion, being chapter thirty-one of forty-two Victoria, and subsequent statutes, which is derived from the disposition of any school lands within the Province or within that part of the Northwest Territories now included within the boundaries thereof. 7 The School Lands Fund to be transferred to the Province as aforesaid, and such of the school lands specified in section thirty-seven of the Dominion Lands Act, being chapter one hundred and thirteen of the Revised Statutes of Canada, 1927, as pass to the administration of the Province under the terms hereof, shall be set aside and shall continue to be administered by the Province in accordance, mutatis mutandis, with the provisions of sections thirty-seven to forty of the Dominion Lands Act, for the support of schools organized and carried on therein in accordance with the law of the Province. The Province will, notwithstanding anything in this Agreement, invest money to which this paragraph applies in securities of Canada, or of a Province, or of a municipal corporation, school district or school division in the Province of Alberta, or in securities guaranteed by Canada or a Province, to form a school fund, and will apply the interest arising Current to June 20, 2022 Alberta Natural Resources SCHEDULE therefrom, after deducting the cost of management, for the support of schools organized and carried on in accordance with the law of the Province. Water 8 Canada agrees that the provision contained in section four of the Dominion Water Power Act, being chapter two hundred and ten of the Revised Statutes of Canada, 1927, that every undertaking under the said Act is declared to be a work for the general advantage of Canada, shall stand repealed as from the date of the coming into force of this agreement in so far as the same applies to undertakings within the Province; nothing in this paragraph shall be deemed to affect the legislative competence of the Parliament of Canada to make hereafter any declaration under the tenth head of section ninety-two of the British North America Act, 1867. Fisheries 9 Except as herein otherwise provided, all rights of fishery shall, after the coming into force of this agreement, belong to and be administered by the Province, and the Province shall have the right to dispose of all such rights of fishery by sale, licence or otherwise, subject to the exercise by the Parliament of Canada of its legislative jurisdiction over sea-coast and inland fisheries. Indian Reserves 10 All lands included in Indian reserves within the Province, including those selected and surveyed but not yet confirmed, as well as those confirmed, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, and the Province will from time to time, upon the request of the Superintendent General of Indian Affairs, set aside, out of the unoccupied Crown lands hereby transferred to its administration, such further areas as the said Superintendent General may, in agreement with the appropriate Minister of the Province, select as necessary to enable Canada to fulfil its obligations under the treaties with the Indians of the Province, and such areas shall thereafter be administered by Canada in the same way in all respects as if they had never passed to the Province under the provisions hereof. 11 The provisions of paragraphs one to six inclusive and of paragraph eight of the agreement made between the Government of the Dominion of Canada and the Government of the Province of Ontario on the 24th day of March, 1924, which said agreement was confirmed by statute of Canada, fourteen and fifteen George the Fifth chapter forty-eight, shall (except so far as they relate to the Bed of Navigable Waters Act) apply to the lands included in such Indian reserves as may hereafter be set aside under the last preceding clause as if the said agreement had been made between the parties hereto, and the provisions of the said paragraphs shall likewise apply to the lands included in the reserves heretofore selected and surveyed, except that neither the said lands nor the proceeds of Current to June 20, 2022 Alberta Natural Resources SCHEDULE the disposition thereof shall in any circumstances become administrable by or be paid to the Province. 12 In order to secure to the Indians of the Province the continuance of the supply of game and fish for their support and subsistence, Canada agrees that the laws respecting game in force in the Province from time to time shall apply to the Indians within the boundaries thereof, provided however, that the said Indians shall have the right, which the Province hereby assures to them, of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access. Soldier Settlement Lands 13 All interests in Crown lands in the Province upon the security of which any advance has been made under the provisions of the Soldier Settlement Act, being chapter 188 of the Revised Statutes of Canada, 1927, and amending Acts, shall continue to be vested in and administered by the Government of Canada for the purposes of Canada. National Parks 14 The parks mentioned in the schedule hereto shall continue as national parks and the lands included therein, as the same are described in the orders in council in the said schedule referred to (except such of the said lands as may be hereafter excluded therefrom), together with the mines and minerals (precious and base) in each of the said parks and the royalties incident thereto, shall continue to be vested in and administered by the Government of Canada as national parks, but in the event of the Parliament of Canada at any time declaring that the said lands or any part thereof are no longer required for park purposes, the lands, mines, minerals (precious and base) and the royalties incident thereto, specified in any such declaration, shall forthwith upon the making thereof belong to the Province, and the provisions of paragraph three of this agreement shall apply thereto as from the date of such declaration. 15 The Parliament of Canada shall have exclusive legislative jurisdiction within the whole area included within the outer boundaries of each of the said parks notwithstanding that portions of such area may not form part of the park proper; the laws now in force within the said area shall continue in force only until changed by the Parliament of Canada or under its authority, provided, however, that all laws of the Province now or hereafter in force, which are not repugnant to any law or regulation made applicable within the said area by or under the authority of the Parliament of Canada, shall extend to and be enforceable within the same, and that all general taxing acts passed by the Province shall apply within the same unless expressly excluded from application therein by or under the authority of the Parliament of Canada. 16 The Government of Canada will introduce into the Parliament of Canada such legislation as may be necessary to exclude from the parks aforesaid certain areas forming part of Current to June 20, 2022 Alberta Natural Resources SCHEDULE certain of the said parks which have been delimited as including the lands now forming part thereof which are of substantial commercial value, the boundaries of the areas to be so excluded having been heretofore agreed upon by representatives of Canada and of the Province, and the Province agrees that upon the exclusion of the said areas as so agreed upon, it will not, by works outside the boundaries of any of the said parks, reduce the flow of water in any of the rivers or streams within the same to less than that which the Minister of the Interior may deem necessary adequately to preserve the scenic beauties of the said parks. Seed Grain, Etc., Liens 17 Every lien upon any interest in any unpatented land passing to the Province under this agreement, which is now held by Canada as security for an advance made by Canada for seed grain, fodder or other relief, shall continue to be vested in Canada, but the Province will, on behalf of Canada, collect the sums due in respect of such advances, except so far as the same are agreed to be uncollectible, and upon payment of any such advance, any document required to be executed to discharge the lien may be executed by such officer of the Province as may be authorized by any provincial law in that behalf; the Province will account for and pay to Canada all sums belonging to Canada collected hereunder, subject to such deduction to meet the expenses of collection as may be agreed upon between the Minister of the Interior and the Provincial Secretary or such other Minister of the Province as may be designated in that behalf under the laws thereof. General Reservation to Canada 18 Except as herein otherwise expressly provided, nothing in this agreement shall be interpreted as applying so as to affect or transfer to the administration of the Province (a) any lands for which Crown grants have been made and registered under the Land Titles Act of the Province and of which His Majesty the King in the right of His Dominion of Canada is, or is entitled to become the registered owner at the date upon which the agreement comes into force, or (b) any ungranted lands of the Crown upon which public money of Canada has been expended or which are, at the date upon which this agreement comes into force, in use or reserved by Canada for the purpose of the federal administration. Historic Sites, Bird Sanctuaries, Etc. 19 The Province will not dispose of any historic site which is notified to it by Canada as such and which Canada undertakes to maintain as an historic site. The Province will further continue and preserve as such the bird sanctuaries and public shooting grounds which have been already established and will set aside such additional bird sanctuaries and public shooting grounds as may hereafter be established by agreement between the Minister of the Interior and the Provincial Current to June 20, 2022 Alberta Natural Resources SCHEDULE Secretary or such other Minister of the Province as may be specified under the laws thereof. 19a The Province may discontinue any bird sanctuary or public shooting ground which was transferred to the Province by virtue of this Agreement or which has since been established by the Province or which may hereafter be established by the Province pursuant to this Agreement in any case in which an agreement is entered into between the Minister of Mines and Resources of Canada and the Minister of Lands and Mines of Alberta approved by the Governor in Council and the Lieutenant Governor in Council respectively, providing for the discontinuance of any such bird sanctuary or public shooting ground. Financial Terms 20 In lieu of the provision made by subsection one of section twenty of The Alberta Act, Canada will, from and after the date of the coming into force of this agreement, pay to the Province by half-yearly payments in advance, on the first days of January and July in each year, an annual sum based upon the population of the Province as from time to time ascertained by the quinquennial census thereof, as follows: The sum payable until the population of the said Province reaches eight hundred thousand shall be five hundred and sixty-two thousand five hundred dollars; Thereafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 21 If at the date of the coming into force of this agreement any payment has been made under subsection one of section twenty of The Alberta Act in respect of any half-year commencing before but terminating after the said date, a proportionate part of the payment so made shall be taken as having been made under the provisions hereof. 22 It is agreed that the Honourable W.F.A. Turgeon, a Judge of the Court of Appeal of Saskatchewan, Charles M. Bowman, of the Town of Waterloo, in the Province of Ontario, Esquire, Chairman of the Board of Directors of the Mutual Life Assurance Company of Canada, and Fred E. Osborne, Esquire, Mayor of the City of Calgary, or, if any of the foregoing cannot act, then such other person or persons as may be agreed upon, will be appointed commissioners under Part One of the Inquiries Act to enquire and report whether any, and, if any, what consideration, in addition to the sums provided in paragraph twenty hereof, should be paid to the Province in order that the Province may be placed in a position of equality with the other Provinces of Confederation with respect to the administration and control of its natural resources as from its entrance into Confederation in 1905, such commissioners to be empowered to decide what financial or other considerations are relevant to the enquiry, and the report to be submitted to the Parliament of Canada and to the Legislature of Alberta; and if by the said report, the payment of any additional consideration is recommended, then, upon agreement between the Governments of Canada and of the Province Current to June 20, 2022 Alberta Natural Resources SCHEDULE following the submission of such report, the said Governments will respectively introduce the legislation necessary to give effect to such agreement. Records 23 Canada will, after the coming into force of this agreement, deliver to the Province from time to time at the request of the Province the originals or complete copies of all records in any department of the Government of Canada relating exclusively to dealings with Crown lands, mines and minerals, and royalties derived therefrom within the Province, and will give to the Province access to all other records, documents or entries relating to any such dealings and permit to be copied by the Province any of the documents required by it for the effective administration of the Crown lands, mines, minerals and royalties. Amendment of Agreement 24 The foregoing provisions of this agreement may be varied by agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of the Province. When Agreement Comes into Force 25 This agreement is made subject to its being approved by the Parliament of Canada and by the Legislature of the Province of Alberta, and shall take effect on the first day of the calendar month beginning next after the day upon which His Majesty gives His Assent to an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland confirming the same. In Witness Whereof the Honourable Ernest Lapointe, Minister of Justice, and the Honourable Charles Stewart, Minister of the Interior, have hereunto set their hands on behalf of the Dominion of Canada, and the Honourable John Edward Brownlee, Premier of Alberta, and the Honourable George Hoadley, Minister of Agriculture and Health thereof, have hereunto set their hands on behalf of the Province of Alberta. ERNEST LAPOINTE Signed on behalf of the Government of Canada by the Honourable Ernest Lapointe, Minister of Justice and the Honourable Charles Stewart, Minister of the Interior, in the presence of O. M. BIGGAR CHAS. STEWART J. E. BROWNLEE Current to June 20, 2022 Alberta Natural Resources SCHEDULE Signed on behalf of the Province of Alberta by the Honourable John Edward Brownlee, Premier of the said Province, and the Honourable George Hoadley, Minister of Agriculture and Health thereof, in the presence of J. F. LYMBURN GEO. HOADLEY 1930, c. 3, Sch.; 1938, c. 36, s. 2; 1945, c. 10, s. 2; 1951, c. 37, s. 2. Current to June 20, 2022 Alberta Natural Resources SCHEDULE SCHEDULE Parks Buffalo................................ P.C. 463, 7th March, 1908. P.C. 1306, 5th June, 1909. P.C. 646, 27th March, 1913. P.C. 2842, 26th November, 1920. P.C. 498, 31st March, 1924. P.C. 408, 19th March, 1925. Elk Island............................ P.C. 646, 27th March, 1913. P.C. 377, 20th February, 1922. Jasper................................. P.C. 1323, 14th September, 1907. P.C. 1068, 18th May, 1909. P.C. 1338, 8th June, 1911. P.C. 1165, 24th June, 1914. P.C. 637, 7th April, 1927. P.C. 158, 6th February, 1929. P.C. 159, 6th February, 1929. Nemiskam.......................... P.C. 1134, 31st May, 1922. Rocky Mountains............... P.C. 2197, 25th November, 1885. P.C. 1891, 23rd July, 1892. P.C. 1338, 8th June, 1911. P.C. 2594, 18th September, 1917. P.C. 158, 6th February, 1929. Wawaskesy........................ P.C. 1134, 31st May, 1922. Waterton Lakes.................. P.C. 1621, 30th May, 1895. P.C. 1338, 8th June, 1911. P.C. 1165, 24th June, 1914. P.C. 1298, 20th April, 1921. P.C. 2556, 20th July, 1921. Wood Buffalo Reserve...... P.C. 2498, 18th December, 1922. P.C. 408, 14th March, 1925. P.C. 634, 30th April, 1926. P.C. 1444, 24th September 1926. Current to June 20, 2022

CONSOLIDATION Asia-Pacific Foundation of Canada Act R.S.C., 1985, c. A-13 Current to June 20, 2022 Last amended on March 16, 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 March 16, 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 March 16, 2012 TABLE OF PROVISIONS An Act to establish the Asia-Pacific Foundation of Canada Short Title 1 Short title Foundation Established 2 Foundation established Purpose of Foundation 3 Purpose of Foundation Powers 4 Powers Capacity in Canada Extraterritorial capacity Organization 7 Board of Directors Appointment to the Board Appointments from provinces 10.1 Representation and experience 10.2 Ineligibility Term of office Re-appointment 12.1 Removal from office General 13 Role of Chairperson Vice-Chairperson Principal office Meetings 16.1 Directors without voting rights 16.2 Duty of care 16.3 Indemnification 16.4 Restriction 16.5 Delegation by Board Current to June 20, 2022 Last amended on March 16, 2012 ii Asia-Pacific Foundation of Canada TABLE OF PROVISIONS 16.6 Both official languages to be used President and Staff 17 Appointment and role If appointed from Board Term of office Re-appointment Acting President Remuneration and Expenses 22 Chairperson and other directors President Acting President Committees 25 Committees 25.1 Audit and evaluation committee By-laws 26 By-laws Status of Foundation 27 Not agent of Her Majesty 27.1 Foundation not owned by Crown Registered Charity 28 Foundation deemed registered charity Ceases to be registered charity Profits Financial 33 Grants, contributions and donations 33.1 Investment policies 33.2 Investments Winding-up 34 Meaning of eligible recipient Audit 35 Auditor 35.1 Audit Current to June 20, 2022 Last amended on March 16, 2012 iv Asia-Pacific Foundation of Canada TABLE OF PROVISIONS Report 36 Annual report Review 37 Review Current to June 20, 2022 Last amended on March 16, 2012 v R.S.C., 1985, c. A-13 An Act to establish Foundation of Canada the Asia-Pacific Short Title Short title 1 This Act may be cited as the Asia-Pacific Foundation of Canada Act. 1984, c. 12, s. 1. Foundation Established Foundation established 2 There is hereby established a corporation to be known as the Asia-Pacific Foundation of Canada, in this Act referred to as the “Foundation”. 1984, c. 12, s. 2. Purpose of Foundation Purpose of Foundation 3 The purpose of the Foundation is to develop closer ties between the peoples and institutions of Canada and the peoples and institutions of the Asia-Pacific region and to promote capacity development in persons and entities that share an interest in the Asia-Pacific region and the building of networks between them by (a) promoting mutual awareness and understanding of the cultures, histories, religions, philosophies, languages, life styles and aspirations in the Asia-Pacific region and Canada and their effects on each other’s societies; (a.1) promoting dialogue on, and understanding of, foreign policy issues as they relate to Canada and the Asia-Pacific region; (b) supporting development cooperation between organizations, institutions and associations in Canada and in the Asia-Pacific region; Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Purpose of Foundation Sections 3-4 (c) promoting collaboration among organizations, institutions and associations in private and public sectors in Canada and in the Asia-Pacific region; (d) promoting closer economic and commercial ties between Canada and the Asia-Pacific region; (e) promoting, in Canada, scholarship in and expertise on economic, cultural, social and other subjects relating to the Asia-Pacific region, and in the Asia-Pacific region, scholarship in and expertise on economic, cultural, social and other subjects relating to Canada; and (f) collecting information and ideas relating to Canada and the Asia-Pacific region and disseminating such information and ideas within Canada and the Asia-Pacific region. R.S., 1985, c. A-13, s. 3; 2005, c. 30, s. 60. Powers Powers 4 The Foundation has the capacity of a natural person and, without restricting the generality of the foregoing, the Foundation may, (a) initiate, finance and administer programs and activities relevant to its purpose; (b) support, assist and implement programs and activities by government, public or private organizations and agencies or by individuals for the furtherance of its purpose; (c) enter into contracts or agreements with governments, public or private organizations and agencies or with individuals; (d) publish or otherwise disseminate information of all kinds related to its purpose; (e) sponsor or support conferences, seminars and other meetings related to its purpose; (f) establish, maintain and operate information and data centres and facilities for research and other activities related to its purpose; (g) establish and award scholarships or fellowships for study related to its purpose; (h) give recognition, by such means as it deems appropriate, for outstanding contributions to the Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Powers Sections 4-9 development of Canada’s relationship with countries of the Asia-Pacific region; (i) acquire and hold real property or any interest therein and sell or otherwise dispose of the same; (j) acquire any property, money or securities by gift, bequest or otherwise, and hold, expend, invest, administer or dispose of any such property, money or securities subject to the terms, if any, on which the property, money or securities is given, bequeathed or otherwise made available to the Foundation; (k) expend, for the purpose of the Foundation, such moneys as may be appropriated by Parliament or by any other government for the activities of the Foundation or received by it through the conduct of its operations; (l) expend, for the purpose of the Foundation, all amounts received by it as grants, contributions and donations of money for its activities; and (m) do such other things as are conducive to the fulfilment of its purpose and to the exercise of its powers. R.S., 1985, c. A-13, s. 4; 2005, c. 30, s. 61. Capacity in Canada 5 The Foundation may carry on its activities throughout Canada. 1984, c. 12, s. 5. Extraterritorial capacity 6 The Foundation has the capacity to carry on its activities and affairs and to exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit. 1984, c. 12, s. 6. Organization Board of Directors 7 The affairs of the Foundation are to be managed by a Board of Directors, in this Act referred to as the “Board”. R.S., 1985, c. A-13, s. 7; 2005, c. 30, s. 62. 8 [Repealed, 2005, c. 30, s. 63] Appointment to the Board 9 The Board consists of the following directors: (a) the Chairperson and up to four other directors appointed by the Governor in Council, on the recommendation of the Minister of Foreign Affairs, in this Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Organization Sections 9-11 Act referred to as the “Minister”, after the Minister has consulted with the Board; (b) up to eighteen directors appointed by the Board after consultations with the governments of the provinces and any interested individuals, corporations and organizations; and (c) the President of the Foundation appointed under section 17. R.S., 1985, c. A-13, s. 9; 1995, c. 5, s. 25; 2005, c. 30, s. 64; 2010, c. 12, s. 1654. Appointments from provinces 10 When considering the appointment to the Board under paragraph 9(b) of any person proposed by the government of a province, the Board, subject to the criteria that it may establish for the purpose, is to have regard to the amounts contributed to the Foundation by that province. R.S., 1985, c. A-13, s. 10; 2005, c. 30, s. 65. Representation and experience 10.1 The appointment of directors is to be made from persons whose background or experience would assist the Foundation in the fulfilment of its purpose and having regard to the following considerations: (a) the need to ensure, as far as possible, that at least one half of the membership has experience or expertise concerning relations between Canada and the Asia-Pacific region; (b) the need for a membership that has sufficient knowledge of corporate governance, investment management, auditing and evaluations; and (c) the importance of having membership that is representative of Canadian society. 2005, c. 30, s. 65. Ineligibility 10.2 A person is not eligible to be appointed as a director if the person is a member of the Senate or the House of Commons. 2005, c. 30, s. 65. Term of office 11 The term of office of every director appointed in accordance with paragraphs 9(a) and (b) may not exceed three years. R.S., 1985, c. A-13, s. 11; 1992, c. 1, s. 7. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Organization Sections 12-16.2 Re-appointment 12 Subject to section 20, every director, including the Chairperson, whose term of office has expired is eligible for re-appointment to the Board in the same or another capacity but no person may be appointed to the Board more than three times. R.S., 1985, c. A-13, s. 12; 2005, c. 30, s. 80(E). Removal from office 12.1 The Chairperson and any director appointed under paragraph 9(a) may be removed for cause by the Governor in Council. Any director appointed under paragraph 9(b) may be removed for cause by the Board. 2005, c. 30, s. 66. General Role of Chairperson 13 The Chairperson shall preside at meetings of the Board and may perform such other duties as are assigned to him by the Board. R.S., 1985, c. A-13, s. 13; 2005, c. 30, s. 80(E). Vice-Chairperson 14 The Board may elect from among its members a ViceChairperson who, in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, has all the duties and functions of the Chairperson. R.S., 1985, c. A-13, s. 14; 2005, c. 30, s. 80(E). Principal office 15 The principal office of the Foundation shall be in Vancouver. 1984, c. 12, s. 15. Meetings 16 The Board shall meet at such times and places as the Chairperson deems necessary, but it shall meet at least twice in each year, with at least one meeting at the principal office of the Foundation. R.S., 1985, c. A-13, s. 16; 2005, c. 30, s. 80(E). Directors without voting rights 16.1 A director who is part of the federal public administration does not have the right to vote on any matter before the Board or a committee of the Board. 2005, c. 30, ss. 67, 81(E). Duty of care 16.2 The Chairperson, the President and every other director of the Foundation, in exercising any of their powers and in discharging any of their duties, shall Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada General Sections 16.2-16.5 (a) act honestly and in good faith with a view to the best interests of the Foundation; (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (c) comply with this Act and the by-laws of the Foundation. 2005, c. 30, s. 67. Indemnification 16.3 Except in respect of an action by or on behalf of the Foundation to procure a judgment in its favour, the Foundation may indemnify a present or former Chairperson, President or other director or officer of the Foundation against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is a party by reason of being or having been a director or officer of the Foundation, if (a) he or she acted honestly and in good faith with a view to the best interests of the Foundation; and (b) in the case of a criminal or administrative action or proceeding enforced by a monetary penalty, he or she had reasonable grounds for believing that the impugned conduct was lawful. 2005, c. 30, s. 67. Restriction 16.4 The Board or a committee of the Board may not, for the purpose of making a decision other than a decision to appoint a director under paragraph 9(b), be comprised of a majority of directors appointed under paragraph 9(a) who have the right to vote. 2005, c. 30, s. 67. Delegation by Board 16.5 (1) The Board may delegate to the Chairperson, a committee of directors or an officer of the Foundation any of the powers or rights of the Board. Restrictions on delegation (2) The Board may not, however, delegate any power or right of the Board (a) to make, amend or repeal by-laws; (b) to appoint directors to, or fill vacancies on, a committee of the Board; Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada General Sections 16.5-20 (c) to appoint officers of the Foundation or fix their remuneration; (d) to accept grants, contributions and donations; or (e) to approve the annual financial statements or annual reports of the Foundation. 2005, c. 30, s. 67. Both official languages to be used 16.6 The Foundation shall offer its services in both official languages. 2005, c. 30, s. 67. President and Staff Appointment and role 17 (1) The Board shall appoint a President of the Foundation who shall have supervision over and direction of the activities and staff of the Foundation. Experience, expertise and other qualifications (2) In order to be appointed as President, a person must have experience or expertise concerning relations between Canada and the Asia-Pacific region and must possess any other qualifications specified by the Board. Transparent and competitive process (3) The President must be selected through a transparent and competitive process. R.S., 1985, c. A-13, s. 17; 2005, c. 30, s. 68. If appointed from Board 18 Where the President is appointed from among the members of the Board, another director may be appointed in his place in accordance with paragraphs 9(a) or (b), as the case may be. R.S., 1985, c. A-13, s. 18; 2005, c. 30, s. 69(F). Term of office 19 The term of office of the President may not exceed three years, but the Board may remove the President from office at any time. R.S., 1985, c. A-13, s. 19; 1992, c. 1, s. 8; 2005, c. 30, s. 69(F). Re-appointment 20 A President whose term of office has expired is eligible for re-appointment in that capacity but no person may be appointed as President more than three times. R.S., 1985, c. A-13, s. 20; 2005, c. 30, s. 70. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada President and Staff Sections 21-25.1 Acting President 21 The Board may authorize any director of the Board or any officer or employee of the Foundation to act as President in the event that the President is absent or incapacitated or if the office of the President is vacant. R.S., 1985, c. A-13, s. 21; 2005, c. 30, s. 71(F). Remuneration and Expenses Chairperson and other directors 22 The Chairperson and the other directors, other than the President, shall serve without remuneration, but may be paid such travel and living expenses while absent from their ordinary place of residence in connection with the activities of the Foundation as are fixed by by-law of the Board. R.S., 1985, c. A-13, s. 22; 2005, c. 30, ss. 71(F), 80(E). President 23 The President shall be paid such remuneration and expenses as are fixed by the Board. R.S., 1985, c. A-13, s. 23; 2005, c. 30, s. 71(F). Acting President 24 An acting President shall be paid such remuneration and expenses as are fixed by the Board. 1984, c. 12, s. 24. Committees Committees 25 The Board may appoint an Executive Committee or advisory or other committees under such terms and conditions as the Board may by by-law provide. 1984, c. 12, s. 25. Audit and evaluation committee 25.1 (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three directors and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee. Internal audit (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure compliance by the officers and employees of the Foundation with management systems and controls established by the Board. 2005, c. 30, s. 72. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada By-laws Sections 26-27.1 By-laws By-laws 26 The Board may make by-laws respecting, (a) the procedure in all business at meetings of the Board or its committees, if any; (b) the expenses to be paid to the members of the Board; (c) the constitution of committees appointed pursuant to section 25, the role and duties of those committees and the expenses, if any, to be paid to the members of those committees; (d) the employment or engagement and the remuneration, expenses and duties of officers, employees and agents of the Foundation; (e) membership in the Foundation; (f) the appointment of patrons and honorary officers of the Foundation; and (g) generally, the conduct and management of the affairs of the Foundation. 1984, c. 12, s. 26. Status of Foundation Not agent of Her Majesty 27 The Foundation is not an agent of Her Majesty and the Chairperson, the other directors, the President and the officers and employees of the Foundation are not, by virtue of their office or employment, part of the federal public administration. R.S., 1985, c. A-13, s. 27; 2003, c. 22, s. 224(E); 2005, c. 30, ss. 73, 81(E). Foundation not owned by Crown 27.1 For greater certainty, the Foundation is not, for the purposes of Part X of the Financial Administration Act or for any other purpose, to be considered to be wholly owned directly by Her Majesty in right of Canada. 2005, c. 30, s. 73. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Registered Charity Sections 28-33 Registered Charity Foundation deemed registered charity 28 Subject to section 29, the Foundation 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. A-13, s. 28; 1999, c. 31, s. 246(F). Ceases to be registered charity 29 The Foundation shall, for all purposes, cease to be deemed to be a registered charity within the meaning of the Income Tax Act if the aggregate of amounts for which it has issued receipts that contain prescribed information pursuant to that Act are not used in accordance with the provisions of that Act governing expenditures by charitable organizations. R.S., 1985, c. A-13, s. 29; 1999, c. 31, s. 246(F). Profits 30 Subject to any by-law of the Foundation providing for the payment of any expenses to the members of the Board or any remuneration to the officers, employees and agents of the Foundation, any profits of the Foundation or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Board or member of the Foundation. 1984, c. 12, s. 30. Financial 31 [Repealed, 2005, c. 30, s. 74] 32 [Repealed, 2005, c. 30, s. 74] Grants, contributions and donations 33 (1) Subject to subsection (3), the Foundation may accept grants, contributions and conditional or unconditional donations of money from any person, including the Government of Canada and the government of a province. Use of grants, contributions and donations (2) All grants, contributions and donations of money received by the Foundation, and any income arising from the investment of those grants, contributions and donations, shall be used by the Foundation in fulfilling its purpose and in accordance with the terms and conditions of any agreement for the provision of funding. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Financial Sections 33-34 Conditional grants, contributions and donations (3) The Foundation may not accept a grant, contribution or donation of money that is made on the condition that the Foundation use the grant, contribution or donation, or any income arising from it, for any purpose that is not consistent with the purpose of the Foundation. R.S., 1985, c. A-13, s. 33; 2005, c. 30, s. 75. Investment policies 33.1 The Board shall establish investment policies, standards and procedures that a reasonably prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and obtain a reasonable return, having regard to the Foundation’s obligations and anticipated obligations. 2005, c. 30, s. 75. Investments 33.2 (1) Subject to any conditions of a grant, contribution or donation restricting the investment of money, the Foundation shall invest its funds, and reinvest any income from those funds, in accordance with the investment policies, standards and procedures established by the Board. Incorporation of other corporations (2) The Foundation may not, without the prior written authorization of the Minister, cause any corporation to be incorporated or participate in the incorporation of a corporation or become a partner in a partnership. 2005, c. 30, s. 75. Winding-up Meaning of eligible recipient 34 (1) In this section, eligible recipient means an entity that (a) is established in Canada; (b) meets the criteria of eligibility established by the Foundation in accordance with any agreement entered into between Her Majesty in right of Canada and the Foundation for the provision of funding by Her Majesty in right of Canada to the Foundation; and (c) has legal capacity or is composed of organizations each of which has legal capacity. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Winding-up Sections 34-35 Property to be divided (2) If the Foundation is wound up or dissolved (a) its property remaining after its debts and obligations have been satisfied shall be liquidated; (b) the moneys arising from the liquidation shall be distributed among all the eligible recipients that have received funding from the Foundation and that are, as of the day the distribution begins, carrying on projects that are consistent with the purpose of the Foundation, to be used by them for those or any other projects that are so consistent; and (c) each of those eligible recipients shall receive an amount that is the same proportion of the moneys arising from the liquidation as the total funding received by that eligible recipient from the Foundation is of the total of all funding that has been provided by the Foundation to all of those eligible recipients. Repayment out of remaining property (3) Despite subsection (2), the Minister may require the Foundation to repay, out of the moneys arising from the liquidation, to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation. R.S., 1985, c. A-13, s. 34; 2005, c. 30, s. 76. Audit Auditor 35 (1) The Board shall appoint an auditor for the Foundation and fix the auditor’s remuneration. Qualifications of auditor (2) In order to be appointed, the auditor must be (a) a natural person 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 carrying out audits, (iii) is ordinarily resident in Canada, and (iv) is independent of the Board, the directors, the officers and, if any, the members of the Foundation; or Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Audit Sections 35-36 (b) a firm of accountants of which the member or employee, jointly designated by the Board and the firm to conduct the audit of the books and records of the Foundation on behalf of the firm, meets the qualifications set out in paragraph (a). R.S., 1985, c. A-13, s. 35; 2005, c. 30, s. 77. Audit 35.1 The accounts and financial transactions of the Foundation shall be audited annually and a report of the audit shall be made to the Board. 2005, c. 30, s. 77. Report Annual report 36 (1) The Board shall, within four months after the end of each fiscal year of the Foundation, submit to the Minister a report, in both official languages, of the activities of the Foundation for that year. The report shall include (a) the financial statements of the Foundation for that year, prepared in accordance with generally accepted accounting principles, and the auditor’s report on those financial statements; (b) a detailed statement of its investment activities during that year and its investment portfolio as at the end of that year; (c) a detailed statement of its funding activities; (d) a statement of its plans for fulfilling its purpose for the next fiscal year; and (e) an evaluation of the overall results achieved by the Foundation. 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 it. Making report available (3) The Board shall, as soon as is practicable after it is tabled under subsection (2), make the report available for public scrutiny. R.S., 1985, c. A-13, s. 36; 2005, c. 30, s. 78. Current to June 20, 2022 Last amended on March 16, 2012 Asia-Pacific Foundation of Canada Review Section 37 Review Review 37 (1) The Board shall, within five years after the coming into force of this section and every five years after that, review the Foundation’s activities and organization and submit a report to the Minister on the activities and organization, including a statement of any changes the Board recommends. 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 it. R.S., 1985, c. A-13, s. 37; 2005, c. 30, s. 79. Current to June 20, 2022 Last amended on March 16, 2012

CONSOLIDATION Arctic Waters Pollution Prevention Act R.S.C., 1985, c. A-12 Current to June 20, 2022 Last amended on August 7, 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 7, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on August 7, 2019 TABLE OF PROVISIONS An Act to prevent pollution of areas of the arctic waters adjacent to the mainland and islands of the Canadian arctic Short Title 1 Short title Interpretation 2 Definitions Application of Act 2.1 Inconsistency with Marine Liability Act Application to arctic waters Incorporation by Reference 3.1 Incorporation as amended from time to time Deposit of Waste 4 Prohibition Report of deposit of waste or danger thereof Civil liability resulting from deposit of waste Nature and limitation of liability Evidence of financial responsibility Regulations respecting manner of determining limit of liability Plans and Specifications of Works 10 Plans and specifications to be provided Shipping Safety Control Zones 11 Prescription of shipping safety control zones Regulations relating to navigation in shipping safety control zones Destruction or removal of ships or their contents Current to June 20, 2022 Last amended on August 7, 2019 ii Arctic Waters Pollution Prevention TABLE OF PROVISIONS Enforcement 14 Pollution prevention officers Powers of pollution prevention officers Assistance to pollution prevention officers Obstruction and false statements Offences and Punishment 18 Contravention of subsection 4(1) Additional offences by persons Offence by employee or agent Certificate of analyst Jurisdiction Seizure and Forfeiture 23 Seizure of ship and cargo Court may order forfeiture Redelivery of ship and cargo on bond Disposal of forfeited ship Protection of persons claiming interest Delegation 28 Delegation of powers of the Governor in Council Disposition of Fines 29 Fines to be paid to Receiver General Current to June 20, 2022 Last amended on August 7, 2019 iv R.S.C., 1985, c. A-12 An Act to prevent pollution of areas of the arctic waters adjacent to the mainland and islands of the Canadian arctic Preamble WHEREAS Parliament recognizes that recent developments in relation to the exploitation of the natural resources of arctic areas, including the natural resources of the Canadian arctic, and the transportation of those resources to the markets of the world are of potentially great significance to international trade and commerce and to the economy of Canada in particular; AND WHEREAS Parliament at the same time recognizes and is determined to fulfil its obligation to see that the natural resources of the Canadian arctic are developed and exploited and the arctic waters adjacent to the mainland and islands of the Canadian arctic are navigated only in a manner that takes cognizance of Canada’s responsibility for the welfare of the Inuit and other inhabitants of the Canadian arctic and the preservation of the peculiar ecological balance that now exists in the water, ice and land areas of the Canadian arctic; 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 Arctic Waters Pollution Prevention Act. R.S., c. 2(1st Supp.), s. 1. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Interpretation Section 2 Interpretation Definitions 2 In this Act, analyst means a person designated as an analyst under the Canada Water Act, the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act; (analyste) arctic waters means the internal waters of Canada and the waters of the territorial sea of Canada and the exclusive economic zone of Canada, within the area enclosed by the 60th parallel of north latitude, the 141st meridian of west longitude and the outer limit of the exclusive economic zone; however, where the international boundary between Canada and Greenland is less than 200 nautical miles from the baselines of the territorial sea of Canada, the international boundary shall be substituted for that outer limit; (eaux arctiques) ice-breaker means a ship specially designed and constructed for the purpose of assisting the passage of other ships through ice; (brise-glace) owner, in relation to a ship, includes any person having for the time being, either by law or by contract, the same rights as the owner of the ship with respect to the possession and use thereof; (propriétaire) pilot means a licensed pilot as defined in section 1.1 of the Pilotage Act; (pilote) pollution prevention officer means a person designated as a pollution prevention officer pursuant to section 14; (fonctionnaire compétent) ship includes any description of vessel or boat used or designed for use in navigation without regard to method or lack of propulsion; (navire) shipping safety control zone means an area of the arctic waters prescribed as a shipping safety control zone by an order made under section 11; (zone de contrôle de la sécurité de la navigation) waste means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Interpretation Sections 2-3.1 (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent described in paragraph (a), and without limiting the generality of the foregoing, includes anything that, for the purposes of the Canada Water Act, is deemed to be waste. (déchet) R.S., 1985, c. A-12, s. 2; 1992, c. 40, s. 49; 2002, c. 7, ss. 80, 278, c. 10, s. 177; 2009, c. 11, s. 1; 2014, c. 2, s. 4; 2019, c. 29, s. 266. Application of Act Inconsistency with Marine Liability Act 2.1 In the event of an inconsistency between the provisions of this Act, or any regulation made under this Act, and the provisions of the Marine Liability Act, the provisions of that Act prevail to the extent of the inconsistency. R.S., 1985, c. 6 (3rd Supp.), s. 91; 1993, c. 36, s. 22; 2001, c. 6, s. 109; 2009, c. 21, s. 21. Application to arctic waters 3 (1) Except where otherwise provided, this Act applies to the arctic waters. Adjacent waters included in arctic waters (2) In so far as this Act applies to or in respect of any person described in paragraph 6(1)(a), the expression “arctic waters” includes all the waters described in the definition of that expression in section 2 and all waters adjacent thereto lying north of the sixtieth parallel of north latitude, the natural resources of whose subjacent submarine areas Her Majesty in right of Canada has the right to dispose of or exploit, whether the waters so described or those adjacent waters are in a frozen or liquid state, but does not include inland waters. R.S., c. 2(1st Supp.), s. 3. Incorporation by Reference Incorporation as amended from time to time 3.1 (1) Regulations made under this Act incorporating standards by reference may incorporate them as amended from time to time. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Incorporation by Reference Sections 3.1-5 For greater certainty only (2) Subsection (1) is for greater certainty and does not limit any authority to make regulations incorporating material by reference that exists apart from it. 2001, c. 34, s. 4. Deposit of Waste Prohibition 4 (1) Except as authorized by regulations made under this section, no person or ship shall deposit or permit the deposit of waste of any type in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where the waste or any other waste that results from the deposit of the waste may enter the arctic waters. Exception (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated pursuant to the Canada Water Act if the waste so deposited is of a type and quantity and is deposited under conditions authorized by regulations made under paragraph 18(2)(a) of that Act with respect to that water quality management area. Regulations (3) The Governor in Council may make regulations for the purposes of this section prescribing (a) the type and quantity of waste, if any, that may be deposited by any person or ship in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters; and (b) the conditions under which any such waste may be so deposited. R.S., c. 2(1st Supp.), s. 4. Report of deposit of waste or danger thereof 5 (1) Any person who (a) has deposited waste in contravention of subsection 4(1), or (b) carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that, by reason of any accident or other occurrence, is in danger of causing any deposit of waste described in that subsection otherwise than of a type, in a quantity Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Deposit of Waste Sections 5-6 and under conditions prescribed by regulations made under section 4, shall forthwith report the deposit of waste or the accident or other occurrence to a pollution prevention officer at such location and in such manner as may be prescribed by the Governor in Council. Report by master of ship (2) The master of any ship that has deposited waste in contravention of subsection 4(1), or that is in distress and for that reason is in danger of causing any deposit of waste described in that subsection otherwise than of a type, in a quantity and under conditions prescribed by regulations made under section 4, shall forthwith report the deposit of waste or the condition of distress to a pollution prevention officer at such location and in such manner as may be prescribed by the Governor in Council. R.S., c. 2(1st Supp.), s. 5. Civil liability resulting from deposit of waste 6 (1) The following persons, namely, (a) any person who is engaged in exploring for, developing or exploiting any natural resource on any land adjacent to the arctic waters or in any submarine area subjacent to the arctic waters, (b) any person who carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters, and (c) the owner of any ship that navigates within the arctic waters and the owners of the cargo of any such ship, are respectively liable and, in the case of the owner of a ship and the owners of the cargo thereof, are jointly and severally liable, up to the amount determined in the manner prescribed by regulations made under section 9 in respect of the activity or undertaking so engaged in or carried on or in respect of that ship, as the case may be, for costs, expenses and loss or damage described in subsection (2). Extent of liability (2) Liability under subsection (1) is (a) for all costs and expenses of and incidental to the taking of action described in subsection (3) on the direction of the Governor in Council, and (b) for all actual loss or damage incurred by other persons resulting from any deposit of waste described in subsection 4(1) that is caused by or is otherwise attributable to Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Deposit of Waste Sections 6-7 the activity, undertaking or ship, as the case may be, referred to in subsection (1). Costs and expenses of Her Majesty (3) Where the Governor in Council directs any action to be taken by or on behalf of Her Majesty in right of Canada to repair or remedy any condition that results from a deposit of waste described in subsection (2), or to reduce or mitigate any damage to or destruction of life or property that results or may reasonably be expected to result from such a deposit of waste, the costs and expenses of and incidental to the taking of that action, to the extent that those costs and expenses can be established to have been reasonably incurred in the circumstances, are, subject to this section, recoverable by Her Majesty in right of Canada from the person or persons described in paragraph (1)(a), (b) or (c), with costs, in proceedings brought or taken therefor in the name of Her Majesty. Proceedings for recovery of claims (4) All claims pursuant to this section against a person or persons described in paragraph (1)(a), (b) or (c) may be sued for and recovered in any court of competent jurisdiction in Canada, and all those claims shall rank (a) first, in favour of persons who have suffered actual loss or damage as provided in paragraph (2)(b), which claims shall among themselves rank pari passu, and (b) second, to meet the costs and expenses described in subsection (3), up to the limit of the amount determined in the manner prescribed by regulations made under section 9 in respect of the activity or undertaking engaged in or carried on by the person or persons against whom the claims are made, or in respect of the ship of which any such person is the owner or of all or part of whose cargo any such person is the owner. Limitation period (5) No proceedings in respect of a claim pursuant to this section shall be commenced after two years from the time when the deposit of waste in respect of which the proceedings are brought or taken occurred or first occurred, as the case may be, or could reasonably be expected to have become known to those affected thereby. R.S., c. 2(1st Supp.), s. 6. Nature and limitation of liability 7 (1) The liability of any person pursuant to section 6 is absolute and does not depend on proof of fault or negligence, except that no person is liable pursuant to that Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Deposit of Waste Sections 7-8 section for any costs, expenses or actual loss or damage incurred by another person whose conduct caused any deposit of waste described in subsection 6(2), or whose conduct contributed to any such deposit of waste, to the degree to which that other person’s conduct contributed thereto. Construction of reference to conduct (2) For the purposes of subsection (1), a reference to any conduct of “another person” includes any wrongful act or omission by that other person or by any person for whose wrongful act or omission that other person is by law responsible. Prohibited construction (3) Nothing in this Act shall be construed as limiting or restricting any right of recourse or indemnity that a person liable pursuant to section 6 may have against any other person. Limitation on liability of cargo owner (4) Notwithstanding anything in this Act, no person is liable pursuant to section 6, either alone or jointly and severally with one or more other persons, by reason only that the person is the owner of all or any part of the cargo of a ship, if the person can establish that the cargo or that part thereof is of such a nature, or is of such a nature and is carried in such a quantity, that, if it and any other cargo of the same nature that is carried by that ship were deposited by that ship in the arctic waters, the deposit would not constitute a contravention of subsection 4(1). R.S., c. 2(1st Supp.), s. 7. Evidence of financial responsibility 8 (1) The Governor in Council may require (a) any person who engages in exploring for, developing or exploiting any natural resource on any land adjacent to the arctic waters or in any submarine area subjacent to the arctic waters, (b) any person who carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that will or is likely to result in the deposit of waste in the arctic waters or in any place under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters, (c) any person, other than a person described in paragraph (a), who proposes to construct, alter or extend any work or works on the mainland or islands of the Canadian arctic or in the arctic waters that, on Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Deposit of Waste Sections 8-10 completion thereof, will form all or part of an undertaking described in paragraph (b), or (d) the owner of any ship that proposes to navigate or that navigates within any shipping safety control zone specified by the Governor in Council and, subject to subsection 7(4), the owners of the cargo of any such ship, to provide evidence of financial responsibility, in the form of insurance or an indemnity bond satisfactory to the Governor in Council, or in any other form satisfactory to the Governor in Council, in an amount determined in the manner prescribed by regulations made under section 9. Persons entitled to claim against insurance or bond (2) Evidence of financial responsibility in the form of insurance or an indemnity bond shall be in a form that will enable recovery, directly from the proceeds of the insurance or bond, by any person entitled pursuant to section 6 to claim against the person or persons giving that evidence. R.S., c. 2(1st Supp.), s. 8. Regulations respecting manner of determining limit of liability 9 (1) The Governor in Council may make regulations for the purposes of section 6 prescribing, in respect of any activity or undertaking engaged in or carried on by any person or persons described in paragraph 6(1)(a), (b) or (c), or in respect of any ship of which any such person is the owner or of all or part of whose cargo any such person is the owner, the manner of determining the limit of liability of any such person or persons pursuant to section 6. Matters to be taken into account (2) In the case of the owners of a ship and its cargo, the manner prescribed under subsection (1) shall take into account the size of the ship and the nature and quantity of the cargo carried or to be carried by it. R.S., c. 2(1st Supp.), s. 9. Plans and Specifications of Works Plans and specifications to be provided 10 (1) Where any person proposes to construct, alter or extend any work described in subsection (2), the Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Plans and Specifications of Works Sections 10-11 Governor in Council may require the person to provide the Governor in Council with a copy of such plans and specifications relating to the work as will enable the Governor in Council to determine whether the deposit of waste that will or is likely to occur if the construction, alteration or extension is carried out in accordance therewith would constitute a contravention of subsection 4(1). Work to which plans and specifications to relate (2) Subsection (1) applies in respect of any work on the mainland or islands of the Canadian arctic or in the arctic waters that, on completion thereof, will form all or part of an undertaking the operation of which will or is likely to result in the deposit of waste of any type in the arctic waters or in any place under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters. Powers of Governor in Council (3) If, after reviewing any plans and specifications provided to the Governor in Council under subsection (1) and affording to the person who provided those plans and specifications a reasonable opportunity to be heard, the Governor in Council is of the opinion that the deposit of waste that will or is likely to occur if the construction, alteration or extension is carried out in accordance with those plans and specifications would constitute a contravention of subsection 4(1), the Governor in Council may, by order, either (a) require such modifications in those plans and specifications as the Governor in Council considers to be necessary; or (b) prohibit the carrying out of the construction, alteration or extension. R.S., c. 2(1st Supp.), s. 10. Shipping Safety Control Zones Prescription of shipping safety control zones 11 (1) Subject to subsection (2), the Governor in Council may, by order, prescribe as a shipping safety control zone any area of the arctic waters that is specified in the order, and may, as the Governor in Council deems necessary, amend any such area. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Shipping Safety Control Zones Sections 11-12 Publication of proposed orders (2) A copy of each order that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette and no order may be made under that subsection, based on any such proposal, except after the expiration of sixty days following publication of the proposal in the Canada Gazette. R.S., c. 2(1st Supp.), s. 11. Regulations relating to navigation in shipping safety control zones 12 (1) The Governor in Council may make regulations applicable to ships of any class specified therein, prohibiting any ship of that class from navigating within any shipping safety control zone specified therein (a) unless the ship complies with standards prescribed by the regulations relating to (i) hull and fuel tank construction, including the strength of materials used therein, the use of double hulls and the subdivision thereof into watertight compartments, (ii) the construction of machinery and equipment, the electronic and other navigational aids and equipment and telecommunications equipment to be carried and the manner and frequency of maintenance thereof, (iii) the nature and construction of propelling power and appliances and fittings for steering and stabilizing, (iv) the manning of the ship, including the number of navigating and look-out personnel to be carried who are qualified in a manner prescribed by the regulations, (v) with respect to any type of cargo to be carried, the maximum quantity thereof that may be carried, the method of stowage thereof and the nature or type and quantity of supplies and equipment to be carried for use in repairing or remedying any condition that may result from the deposit of any such cargo in the arctic waters, (vi) the free-board to be allowed and the marking of load lines, (vii) quantities of fuel, water and other supplies to be carried, and (viii) the maps, charts, tide tables and any other documents or publications relating to navigation in the arctic waters to be carried; Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Shipping Safety Control Zones Section 12 (b) without the aid of a pilot, or of an ice navigator who is qualified in a manner prescribed by the regulations, at any time or during one or more periods of the year, if any, specified in the regulations, or without ice-breaker assistance of a kind prescribed by the regulations; and (c) during one or more periods of the year, if any, specified in the regulations or when ice conditions of a kind specified in the regulations exist in that zone. Orders exempting ships of foreign powers (2) The Governor in Council may by order exempt from the application of any regulations made under subsection (1) any ship or class of ship that is owned or operated by a sovereign power, other than Canada, where the Governor in Council is satisfied that (a) appropriate measures have been taken by or under the authority of that sovereign power to ensure the compliance of the ship with, or with standards substantially equivalent to, standards prescribed by regulations made under paragraph (1)(a) that would otherwise be applicable to it within any shipping safety control zone; and (b) in all other respects all reasonable precautions have been or will be taken to reduce the danger of any deposit of waste resulting from the navigation of the ship within that shipping safety control zone. Certificates evidencing compliance (3) The Governor in Council may make regulations (a) providing for the issue, to the owner or master of any ship that proposes to navigate within any shipping safety control zone specified therein, of a certificate evidencing, in the absence of any evidence to the contrary, the compliance of that ship with standards prescribed by regulations made under paragraph (1)(a) that are or would be applicable to it within that shipping safety control zone; and (b) governing the use that may be made of any such certificate and the effect that may be given thereto for the purposes of any provision of this Act. R.S., c. 2(1st Supp.), s. 12. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Shipping Safety Control Zones Sections 13-15 Destruction or removal of ships or their contents 13 (1) Where the Governor in Council believes on reasonable grounds that waste is being deposited or is likely to be deposited in the arctic waters by a ship that is within those waters and is in distress, stranded, wrecked, sunk or abandoned, the Governor in Council may cause the ship or any cargo or other material on board the ship to be destroyed, if necessary, or to be removed if possible to such place and sold in such manner as the Governor in Council may direct. Application of proceeds of sale (2) The proceeds from the sale of a ship or any cargo or other material pursuant to subsection (1) shall be applied towards meeting the expenses incurred by the Government of Canada in removing and selling the ship, cargo or other material, and any surplus shall be paid to the owner of that ship, cargo or other material. R.S., c. 2(1st Supp.), s. 13. Enforcement Pollution prevention officers 14 (1) The Governor in Council may designate any person as a pollution prevention officer with such of the powers set out in sections 15 and 23 as are specified in the certificate of designation of that person. Certificate to be produced (2) A pollution prevention officer shall be furnished with a certificate of his designation specifying the powers set out in sections 15 and 23 that are vested in the officer, and on exercising any such power a pollution prevention officer shall, if so required, produce the certificate to any person in authority who is affected thereby and who requires the officer to do so. R.S., c. 2(1st Supp.), s. 14. Powers of pollution prevention officers 15 (1) Subject to subsection (3), a pollution prevention officer may at any reasonable time (a) enter any area, place or premises occupied by any person described in paragraph 8(1)(a) or (b) in which the officer believes on reasonable grounds that (i) there is any waste that may be or has been deposited in the arctic waters or on the mainland or islands of the Canadian arctic under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters in contravention of subsection 4(1), or Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Enforcement Section 15 (ii) there is being or has been carried on any activity that may result in or has resulted in waste that may be or has been so deposited; (b) examine any waste found in that area, place or premises in bulk or open any container found therein that the officer believes on reasonable grounds contains any waste and take samples thereof; and (c) require any person in that area, place or premises to produce for inspection or for the purpose of obtaining copies or extracts any books or other documents or papers concerning any matter relevant to the administration of this Act or the regulations. Powers in relation to works (2) Subject to subsection (3), a pollution prevention officer may at any reasonable time (a) enter any area, place or premises in which any construction, alteration or extension of a work described in subsection 10(2) is being carried on; and (b) conduct such inspections of the work being constructed, altered or extended as the officer deems necessary in order to determine whether any plans and specifications provided to the Governor in Council, and any modifications required by the Governor in Council, are being complied with. Exception where ship or dwelling-place (3) No pollution prevention officer may, pursuant to paragraph (1)(a) or (2)(a), enter a ship, a private dwelling-place or any part of any area, place or premises other than a ship that is designed to be used and is being used as a permanent or temporary private dwellingplace. Powers in relation to ships (4) A pollution prevention officer may (a) board any ship that is within a shipping safety control zone and conduct such inspections thereof as will enable the officer to determine whether the ship complies with standards prescribed by any regulations made under section 12 that are applicable to it within that shipping safety control zone; (b) order any ship that is in or near a shipping safety control zone to proceed outside the zone in such manner as the officer may direct, to remain outside the zone or to anchor in a place selected by the officer, if Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Enforcement Sections 15-17 (i) the officer suspects, on reasonable grounds, that the ship fails to comply with standards prescribed by any regulations made under section 12 that are or would be applicable to it within that shipping safety control zone, (ii) the ship is within the shipping safety control zone or is about to enter the zone in contravention of a regulation made under paragraph 12(1)(b) or (c), or (iii) the officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or its equipment or the nature or condition of its cargo, that such an order is justified in the interests of safety; and (c) where the officer is informed that a substantial quantity of waste has been deposited in the arctic waters or has entered the arctic waters or where, on reasonable grounds, the officer is satisfied that a grave and imminent danger of a substantial deposit of waste in the arctic waters exists, (i) order all ships within a specified area of the arctic waters to report their positions to the officer, and (ii) order any ship to take part in the clean-up of the waste or in any action to control or contain the waste. R.S., c. 2(1st Supp.), s. 15. Assistance to pollution prevention officers 16 The owner or person in charge of any area, place or premises entered pursuant to subsection 15(1) or (2), the master of any ship boarded pursuant to paragraph 15(4)(a) and every person found in the area, place or premises or on board the ship shall give a pollution prevention officer all reasonable assistance to enable the officer to carry out his duties and functions under this Act and shall furnish the officer with any information he may reasonably require. R.S., c. 2(1st Supp.), s. 16. Obstruction and false statements 17 No person shall obstruct or hinder, or knowingly make a false or misleading statement either orally or in writing to, a pollution prevention officer while the officer is engaged in carrying out his duties or functions under this Act. R.S., c. 2(1st Supp.), s. 17. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Offences and Punishment Sections 18-19 Offences and Punishment Contravention of subsection 4(1) 18 (1) Any person who contravenes subsection 4(1) and any ship that contravenes that subsection is guilty of an offence and liable on summary conviction to a fine not exceeding, in the case of a person, five thousand dollars and, in the case of a ship, one hundred thousand dollars. Continuing offences (2) Where an offence referred to in subsection (1) is committed by a person on more than one day or continued by him for more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued. R.S., c. 2(1st Supp.), s. 18. Additional offences by persons 19 (1) Any person who (a) fails to make a report to a pollution prevention officer as and when required under subsection 5(1), (b) fails to provide the Governor in Council with evidence of financial responsibility as and when required under subsection 8(1), (c) fails to provide the Governor in Council with any plans and specifications required of the person under subsection 10(1), or (d) constructs, alters or extends any work described in subsection 10(2) (i) otherwise than in accordance with any plans and specifications provided to the Governor in Council in accordance with a requirement made under subsection 10(1), or with any such plans and specifications as required to be modified by any order made under subsection 10(3), or (ii) contrary to any order made under subsection 10(3) prohibiting the carrying out of the construction, alteration or extension, is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars. Additional offences by ships (2) Any ship (a) that navigates within a shipping safety control zone when the ship does not comply with standards prescribed by any regulations made under section 12 Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Offences and Punishment Sections 19-20 that are applicable to it within that shipping safety control zone, (b) that navigates within a shipping safety control zone in contravention of a regulation made under paragraph 12(1)(b) or (c), (c) that, having taken on board a pilot in order to comply with a regulation made under paragraph 12(1)(b), fails to comply with any reasonable directions given to it by the pilot in carrying out his duties, (d) that fails to comply with any order of a pollution prevention officer under paragraph 15(4)(b) or (c) that is applicable to it, (e) the master of which fails to make a report to a pollution prevention officer as and when required under subsection 5(2), or (f) the master of which, or any person on board which, contravenes section 17, is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars. Contravention of section 17 (3) Any person, other than the master of a ship or any person on board a ship, who contravenes section 17 is guilty of an offence punishable on summary conviction. R.S., c. 2(1st Supp.), s. 19. Offence by employee or agent 20 (1) In a prosecution of a person for an offence under subsection 18(1), 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, and that all due diligence to prevent its commission was exercised by, the accused. Proof of offence by ship (2) In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, other than a pollution prevention officer or a pilot taken on board in compliance with a regulation made under paragraph12(1)(b), whether or not the person on board the ship has been identified. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Offences and Punishment Sections 20-22 Orders and directions deemed given to ship (3) For the purposes of any prosecution of a ship for failing to comply with any order or direction of a pollution prevention officer or pilot, any order given by the officer or any direction given by the pilot to the master or any person on board the ship shall be deemed to have been given to the ship. R.S., c. 2(1st Supp.), s. 20. Certificate of analyst 21 (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted by a pollution prevention officer to the analyst and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of subsection 4(1) and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or 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 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 reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. R.S., c. 2(1st Supp.), s. 21. Jurisdiction 22 (1) Where any person or ship is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of the ordinary jurisdiction of that court has jurisdiction to try the offence as if it had been so committed. Service on ship and appearance at trial (2) Where a ship is charged with having committed an offence under this Act, the summons may be served by leaving it with the master or any officer of the ship or by posting the summons on a conspicuous part of the ship, and the ship may appear by counsel or agent but, if it does not appear, a summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. R.S., c. 2(1st Supp.), s. 22. Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Seizure and Forfeiture Sections 23-24 Seizure and Forfeiture Seizure of ship and cargo 23 (1) Where a pollution prevention officer suspects on reasonable grounds that (a) any provision of this Act or the regulations has been contravened by a ship, or (b) the owner of a ship or the owner of all or part of the cargo thereof has committed an offence under paragraph 19(1)(b), the officer may, with the consent of the Governor in Council, seize the ship and its cargo anywhere in the arctic waters or elsewhere in the territorial sea or internal or inland waters of Canada. Custody (2) Subject to subsection (3) and sections 24 to 26, a ship and cargo seized under subsection (1) shall be retained in the custody of the pollution prevention officer making the seizure or shall be delivered into the custody of such person as the Governor in Council directs. Perishable goods (3) Where all or any part of a cargo seized under subsection (1) is perishable, the pollution prevention officer or other person having custody of it may sell the cargo or the perishable portion, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank, or an authorized foreign bank within the meaning of section 2 of the Bank Act, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of its business in Canada, to the credit of the Receiver General. R.S., 1985, c. A-12, s. 23; 1999, c. 28, s. 145. Court may order forfeiture 24 (1) Where a ship is convicted of an offence under this Act, or where the owner of a ship or an owner of all or part of the cargo thereof is convicted of an offence under paragraph 19(1)(b), the convicting court may, if the ship and its cargo were seized under subsection 23(1), in addition to any other penalty imposed, order that the ship and cargo or the ship or its cargo or any part thereof be forfeited and, on the making of the order, the ship and cargo or the ship or its cargo or part thereof are or is forfeited to Her Majesty in right of Canada. Forfeiture of proceeds of sale (2) Where any cargo or part thereof that is ordered to be forfeited under subsection (1) has been sold under Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Seizure and Forfeiture Sections 24-25 subsection 23(3), the proceeds of the sale are, on the making of that order, forfeited to Her Majesty in right of Canada. R.S., c. 2(1st Supp.), s. 24. Redelivery of ship and cargo on bond 25 (1) Where a ship and cargo have been seized under subsection 23(1) and proceedings that could result in an order that the ship and cargo be forfeited have been instituted, the court in or before which the proceedings have been instituted may, with the consent of the Governor in Council, order redelivery of the ship and cargo, to the person from whom they were seized, on the giving of security to Her Majesty in right of Canada by bond, with two sureties, in an amount and form satisfactory to the Governor in Council. Seized ship, etc., to be returned unless proceedings instituted (2) Any ship and cargo seized under subsection 23(1) or the proceeds realized from a sale of any perishable cargo under subsection 23(3) shall be returned or paid to the person from whom the ship and cargo were seized within thirty days from the seizure thereof unless, prior to the expiration of the thirty days, proceedings are instituted in respect of an offence alleged to have been committed by the ship against this Act or in respect of an offence under paragraph 19(1)(b) alleged to have been committed by the owner of the ship or an owner of all or part of the cargo thereof. Return if no forfeiture ordered (3) Where a ship and cargo have been seized under subsection 23(1) and proceedings referred to in subsection (2) have been instituted, but the ship and cargo or ship or cargo or part thereof or any proceeds realized from the sale of the cargo or any part thereof are not at the final conclusion of the proceedings ordered to be forfeited, they or it shall, subject to subsection (4), be returned or the proceeds shall be paid to the person from whom the ship and cargo were seized. Exception in case of conviction and fine (4) Where the proceedings referred to in subsection (3) result in a conviction and a fine is imposed, (a) the ship and cargo or proceeds may be detained until the fine is paid; (b) the ship and cargo may be sold under execution in satisfaction of the fine; or Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Seizure and Forfeiture Sections 25-28 (c) the proceeds realized from a sale of the cargo or any part thereof may be applied in payment of the fine. R.S., c. 2(1st Supp.), s. 24. Disposal of forfeited ship 26 Where proceedings referred to in subsection 25(2) are instituted and, at the final conclusion of those proceedings, a ship and cargo or ship or cargo or part thereof are or is ordered to be forfeited, they or it may, subject to section 27, be disposed of as the Governor in Council directs. R.S., c. 2(1st Supp.), s. 24. Protection of persons claiming interest 27 (1) The provisions of sections 74 to 77 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any ship and cargo forfeited under this Act as though the ship and cargo were, respectively, a vessel and goods forfeited under subsection 72(1) of that Act. Reading references in applying Fisheries Act (2) References to “the Minister” in sections 75 and 76 of the Fisheries Act shall, in applying those sections for the purposes of this Act, be read as references to the Governor in Council and the phrase “other than a person convicted of the offence that resulted in the forfeiture or a person in whose possession the vessel, vehicle, article, goods or fish were when seized” shall be deemed to include a reference to the owner of the ship where it is the ship that is convicted of the offence that results in the forfeiture. R.S., c. 2(1st Supp.), s. 25. Delegation Delegation of powers of the Governor in Council 28 (1) The Governor in Council may, by order, delegate to any member of the Queen’s Privy Council for Canada designated in the order the power and authority to do any act or thing that the Governor in Council is directed or empowered to do under this Act and, on the making of such an order, the provisions of this Act that direct or empower the Governor in Council and to which the order relates shall be read as if the title of the member of the Queen’s Privy Council for Canada designated in the order were substituted therein for the expression “the Governor in Council”. Limitation (2) This section does not apply to authorize the Governor in Council to delegate any power vested in the Governor in Council under this Act to make regulations, prescribe Current to June 20, 2022 Last amended on August 7, 2019 Arctic Waters Pollution Prevention Delegation Sections 28-29 shipping safety control zones or designate pollution prevention officers and their powers, other than pollution prevention officers with only those powers set out in subsection 15(1) or (2). R.S., c. 2(1st Supp.), s. 26. Disposition of Fines Fines to be paid to Receiver General 29 All fines imposed pursuant to this Act belong to Her Majesty in right of Canada and shall be paid to the Receiver General. R.S., c. 2(1st Supp.), s. 27. Current to June 20, 2022 Last amended on August 7, 2019

CONSOLIDATION Alternative Fuels Act S.C. 1995, c. 20 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 accelerate the use of alternative fuels for motor vehicles 1 Short title Definitions Alternative fuels policy Implementation of policy Crown corporations Regulations Measures Current to June 20, 2022 Last amended on June 29, 2012 ii S.C. 1995, c. 20 An Act to accelerate the use of alternative fuels for motor vehicles [Assented to 22nd June 1995] Preamble WHEREAS Canada has a commitment to environmental reform and thus to better control over the emission of greenhouse gases, notably carbon dioxide, and of other air pollutants; WHEREAS damage to the environment is caused by the emission of air pollutants by internal combustion engines using conventional fuels; WHEREAS the federal government is a major user of such engines; AND WHEREAS government can lead the conversion to less harmful fuels by progressively replacing its motor vehicles with others using alternative fuels, thereby promoting the replacement of petroleumbased fuels for transportation; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and the House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Alternative Fuels Act. Definitions 2 (1) In this Act, acquire includes to lease for a period of twelve months or more, with or without an option to purchase; (acquérir) Current to June 20, 2022 Last amended on June 29, 2012 Alternative Fuels Sections 2-4 alternative fuel means fuel that is (a) for use in motor vehicles to deliver direct propulsion, (b) less damaging to the environment than conventional fuels, and (c) prescribed by regulation, including, without limiting the generality of the foregoing, ethanol, methanol, propane gas, natural gas, hydrogen or electricity when used as a sole source of direct propulsion energy; (carburant de remplacement) Crown corporation means a corporation named in Schedule III to the Financial Administration Act, unless excluded pursuant to subsection (2); (société d’État) federal body means any body named in Schedule I, I.1 or II to the Financial Administration Act; (organisme fédéral) motor vehicle means any motor vehicle of a class prescribed by regulation, including, without limiting the generality of the foregoing, an automobile, passenger van or light duty truck. (véhicule automobile) Excluding Crown corporations (2) The Treasury Board may, by order, exclude any Crown corporation from the application of this Act, after consultation with the board of directors of the corporation. Alternative fuels policy 3 It is the purpose of this Act that, for the fiscal year commencing on April 1, 2004 and for every fiscal year thereafter, where it is cost effective and operationally feasible, seventy-five per cent of motor vehicles operated by all federal bodies and Crown corporations will be motor vehicles operating on alternative fuels, thereby promoting the replacement of petroleum-based fuels for transportation. Implementation of policy 4 (1) The President of the Treasury Board shall take such measures as may be necessary to ensure that all federal bodies that acquire motor vehicles shall, where it is cost effective and operationally feasible to do so, in the Current to June 20, 2022 Last amended on June 29, 2012 Alternative Fuels Sections 4-6 aggregate, select, in percentages not less than those following, motor vehicles powered by engines that are capable of operating on alternative fuels: (a) fifty per cent, for the fiscal year commencing April 1, 1997; (b) sixty per cent, for the fiscal year commencing April 1, 1998; (c) seventy-five per cent, for the fiscal year commencing April 1, 1999 and for every fiscal year thereafter. Obligatory use (2) Where it is cost effective and operationally feasible to do so, a federal body shall use an alternative fuel in the operation of any motor vehicle capable of operating on such a fuel. Crown corporations 5 (1) Every Crown corporation that acquires motor vehicles shall, where it is cost effective and operationally feasible to do so, select, in percentages not less than those following, vehicles powered by motors that are capable of operating on alternative fuels: (a) fifty per cent, for the fiscal year commencing April 1, 1997; (b) sixty per cent, for the fiscal year commencing April 1, 1998; and (c) seventy-five per cent, for the fiscal year commencing April 1, 1999 and for every fiscal year thereafter. Obligatory use (2) Where it is cost effective and operationally feasible to do so, a Crown corporation shall use an alternative fuel in the operation of any motor vehicle capable of operating on such a fuel. Regulations 6 The Treasury Board may, on the recommendation of the President of the Treasury Board made after the President has consulted with such representatives of industry and environmental groups as the President considers appropriate, make regulations (a) prescribing any fuel for the purposes of the definition “alternative fuel”; (b) prescribing any class of motor vehicle for the purposes of the definition “motor vehicle”; Current to June 20, 2022 Last amended on June 29, 2012 Alternative Fuels Sections 6-8 (c) respecting the criteria to be used in determining cost effectiveness and operational feasibility; and (d) generally for carrying out the purpose or any of the provisions of this Act. Measures 7 The Treasury Board may take such measures as it considers appropriate for giving effect to the purpose or any provision of this Act. 8 [Repealed, 2012, c. 19, s. 221] Current to June 20, 2022 Last amended on June 29, 2012

CONSOLIDATION Auditor General Act R.S.C., 1985, c. A-17 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 the office of the Auditor General of Canada and sustainable development monitoring and reporting Short Title 1 Short title Interpretation 2 Definitions 2.1 Control Auditor General of Canada 3 Appointment Salary Powers and Duties 5 Examination Idem Annual and additional reports to the House of Commons 7.1 Inquiry and report Special report to the House of Commons Idem Improper retention of public money Inquiry and report Advisory powers Access to Information 13 Access to information Reliance on audit reports of Crown corporations Staff of the Auditor General 15 Officers, etc. 15.1 Appointment of Commissioner Responsibility for human resources management 16.1 Delegation Current to June 20, 2022 Last amended on June 29, 2021 ii Auditor General TABLE OF PROVISIONS 16.2 Contract for professional services Classification standards Delegation Immunities 18.1 Immunity as witness 18.2 Protection from prosecution Estimates 19 Estimates Appropriation allotments Audit of the Office of the Auditor General 21 Audit of office of the Auditor General Sustainable Development 21.1 Purpose 21.2 Additional functions Petitions received Duty to monitor SCHEDULE Current to June 20, 2022 Last amended on June 29, 2021 iv R.S.C., 1985, c. A-17 An Act respecting the office of the Auditor General of Canada and sustainable development monitoring and reporting Short Title Short title 1 This Act may be cited as the Auditor General Act. 1976-77, c. 34, s. 1. Interpretation Definitions 2 In this Act, appropriate Minister has the meaning assigned by section 2 of the Financial Administration Act; (ministre compétent) Auditor General means the Auditor General of Canada appointed pursuant to subsection 3(1); (vérificateur général) category I department [Repealed, 2019, c. 2, s. 10.1] Commissioner means the Commissioner of the Environment and Sustainable Development appointed under subsection 15.1(1); (commissaire) Crown corporation has the meaning assigned to that expression by section 83 of the Financial Administration Act; (société d’État) department has the meaning assigned to that term by section 2 of the Financial Administration Act; (ministère) designated entity has the same meaning as in section 2 of the Federal Sustainable Development Act; (entité désignée) Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Interpretation Sections 2-2.1 funding agreement has the meaning given to that expression by subsection 42(4) of the Financial Administration Act; (accord de financement) not-for-profit corporation [Repealed, 2006, c. 9, s. 301] recipient has the meaning given to that expression by subsection 42(4) of the Financial Administration Act; (bénéficiaire) recipient corporation [Repealed, 2006, c. 9, s. 301] registrar means the Bank of Canada and a registrar appointed under Part IV of the Financial Administration Act; (registraire) sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. (développement durable) sustainable development strategy [Repealed, 2008, c. 33, s. 15] R.S., 1985, c. A-17, s. 2; 1995, c. 43, s. 2; 1999, c. 31, s. 8; 2005, c. 30, s. 32; 2006, c. 9, s. 301; 2008, c. 33, s. 15; 2019, c. 2, s. 10.1. Control 2.1 (1) For the purpose of paragraph (d) of the definition recipient in subsection 42(4) of the Financial Administration Act, a municipality or government controls a corporation with share capital if (a) shares of the corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors of the corporation are held, otherwise than by way of security only, by, on behalf of or in trust for that municipality or government; and (b) the votes attached to those shares are sufficient, if exercised, to elect a majority of the directors of the corporation. Control (2) For the purpose of paragraph (d) of the definition recipient in subsection 42(4) of the Financial Administration Act, a corporation without share capital is controlled by a municipality or government if it is able to appoint the majority of the directors of the corporation, whether or not it does so. 2005, c. 30, s. 33; 2006, c. 9, s. 302. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Auditor General of Canada Sections 3-4 Auditor General of Canada Appointment 3 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons. Tenure (1.1) The Auditor General holds office during good behaviour for a term of 10 years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons. (2) [Repealed, 2011, c. 15, s. 17] Re-appointment (3) Once having served as the Auditor General, a person is not eligible for re-appointment to that office. Interim appointment (4) In the event of the absence or incapacity of the Auditor General or if that office is vacant, the Governor in Council may appoint any qualified auditor to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. R.S., 1985, c. A-17, s. 3; 2006, c. 9, s. 110; 2011, c. 15, s. 17. Salary 4 (1) The Auditor General shall be paid a salary equal to the salary of a puisne judge of the Supreme Court of Canada. Pension benefits (2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Auditor General except that a person appointed as Auditor General from outside the public service may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of his appointment as Auditor General, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act in which case the provisions of that Act, other than those relating to tenure of office, apply to him and the provisions of the Public Service Superannuation Act do not apply to him. R.S., 1985, c. A-17, s. 4; 2003, c. 22, s. 225(E). Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Powers and Duties Sections 5-7 Powers and Duties Examination 5 The Auditor General is the auditor of the accounts of Canada, including those relating to the Consolidated Revenue Fund and as such shall make such examinations and inquiries as he considers necessary to enable him to report as required by this Act. 1976-77, c. 34, s. 5. Idem 6 The Auditor General shall examine the several financial statements required by section 64 of the Financial Administration Act to be included in the Public Accounts, and any other statement that the President of the Treasury Board or the Minister of Finance may present for audit and shall express his opinion as to whether they present fairly information in accordance with stated accounting policies of the federal government and on a basis consistent with that of the preceding year together with any reservations he may have. 1976-77, c. 34, s. 6; 1980-81-82-83, c. 170, s. 25. Annual and additional reports to the House of Commons 7 (1) The Auditor General shall report annually to the House of Commons and may make, in addition to any special report made under subsection 8(1) or 19(2) and the Commissioner’s report under subsection 23(2), not more than three additional reports in any year to the House of Commons (a) on the work of his office; and (b) on whether, in carrying on the work of his office, he received all the information and explanations he required. Idem (2) Each report of the Auditor General under subsection (1) shall call attention to anything that he considers to be of significance and of a nature that should be brought to the attention of the House of Commons, including any cases in which he has observed that (a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, where 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 Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Powers and Duties Section 7 effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized; (c) money has been expended other than for purposes for which it was appropriated by Parliament; (d) money has been expended without due regard to economy or efficiency; (e) satisfactory procedures have not been established to measure and report the effectiveness of programs, where such procedures could appropriately and reasonably be implemented; or (f) money has been expended without due regard to the environmental effects of those expenditures in the context of sustainable development. Submission of annual report to Speaker and tabling in the House of Commons (3) Each annual report by the Auditor General to the House of Commons shall be submitted to the Speaker of the House of Commons on or before December 31 in the year to which the report relates and the Speaker of the House of Commons shall lay each such report before the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it. Notice of additional reports to Speaker and tabling in the House of Commons (4) Where the Auditor General proposes to make an additional report under subsection (1), the Auditor General shall send written notice to the Speaker of the House of Commons of the subject-matter of the proposed report. Submission of additional reports to Speaker and tabling in the House of Commons (5) Each additional report of the Auditor General to the House of Commons made under subsection (1) shall be submitted to the House of Commons on the expiration of thirty days after the notice is sent pursuant to subsection (4) or any longer period that is specified in the notice and the Speaker of the House of Commons shall lay each such report before the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it. R.S., 1985, c. A-17, s. 7; 1994, c. 32, s. 2; 1995, c. 43, s. 3. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Powers and Duties Sections 7.1-8 Inquiry and report 7.1 (1) The Auditor General may, with respect to a recipient under any funding agreement, inquire into whether (a) the recipient has failed to fulfil its obligations under any funding agreement; (b) money the recipient has received under any funding agreement has been used without due regard to economy and efficiency; (c) the recipient has failed to establish satisfactory procedures to measure and report on the effectiveness of its activities in relation to the objectives for which it received funding under any funding agreement; (d) the recipient has failed to faithfully and properly maintain accounts and essential records in relation to any amount it has received under any funding agreement; or (e) money the recipient has received under any funding agreement has been expended without due regard to the environmental effects of those expenditures in the context of sustainable development. Report (2) The Auditor General may set out his or her conclusions in respect of an inquiry into any matter referred to in subsection (1) in the annual report, or in any of the three additional reports, referred to in subsection 7(1). The Auditor General may also set out in that report anything emerging from the inquiry that he or she considers to be of significance and of a nature that should be brought to the attention of the House of Commons. 2005, c. 30, s. 34; 2006, c. 9, s. 304. Special report to the House of Commons 8 (1) The Auditor General may make a special report to the House of Commons on any matter of pressing importance or urgency that, in the opinion of the Auditor General, should not be deferred until the presentation of the next report under subsection 7(1). Submission of reports to Speaker and tabling in the House of Commons (2) Each special report of the Auditor General to the House of Commons made under subsection (1) or 19(2) shall be submitted to the Speaker of the House of Commons and shall be laid before the House of Commons by the Speaker of the House of Commons forthwith after receipt thereof by him, or if that House is not then sitting, Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Powers and Duties Sections 8-12 on the first day next thereafter that the House of Commons is sitting. R.S., 1985, c. A-17, s. 8; 1994, c. 32, s. 3. Idem 9 The Auditor General shall (a) make such examination of the accounts and records of each registrar as he deems necessary, and such other examinations of a registrar’s transactions as the Minister of Finance may require, and (b) when and to the extent required by the Minister of Finance, participate in the destruction of any redeemed or cancelled securities or unissued reserves of securities authorized to be destroyed under the Financial Administration Act, and he may, by arrangement with a registrar, maintain custody and control, jointly with that registrar, of cancelled and unissued securities. 1976-77, c. 34, s. 9. Improper retention of public money 10 Whenever it appears to the Auditor General that any public money has been improperly retained by any person, he shall forthwith report the circumstances of the case to the President of the Treasury Board. 1976-77, c. 34, s. 10. Inquiry and report 11 The Auditor General may, if in his opinion such an assignment does not interfere with his primary responsibilities, whenever the Governor in Council so requests, inquire into and report on any matter relating to the financial affairs of Canada or to public property or inquire into and report on any person or organization that has received financial aid from the Government of Canada or in respect of which financial aid from the Government of Canada is sought. 1976-77, c. 34, s. 11. Advisory powers 12 The Auditor General may advise appropriate officers and employees in the federal public administration of matters discovered in his examinations and, in particular, may draw any such matter to the attention of officers and employees engaged in the conduct of the business of the Treasury Board. R.S., 1985, c. A-17, s. 12; 2003, c. 22, s. 224(E). Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Access to Information Sections 13-14 Access to Information Access to information 13 (1) Except as provided by any other Act of Parliament 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 he or she is also entitled to require and receive from members of the federal public administration any information, reports and explanations that he or she considers necessary for that purpose. Stationing of officers in departments (2) In order to carry out his duties more effectively, the Auditor General may station in any department any person employed in his office, and the department shall provide the necessary office accommodation for any person so stationed. Oath of secrecy (3) The Auditor General shall require every person employed in his office who is to examine the accounts of a department or of a Crown corporation pursuant to this Act to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in that department or Crown corporation. Inquiries (4) The Auditor General may examine any person on oath on any matter pertaining to any account subject to audit by him and for the purposes of any such examination the Auditor General may exercise all the powers of a commissioner under Part I of the Inquiries Act. R.S., 1985, c. A-17, s. 13; 2003, c. 22, s. 90(E). Reliance on audit reports of Crown corporations 14 (1) Notwithstanding subsections (2) and (3), in order to fulfil his responsibilities as the auditor of the accounts of Canada, the Auditor General may rely on the report of the duly appointed auditor of a Crown corporation or of any subsidiary of a Crown corporation. Auditor General may request information (2) The Auditor General may request a Crown corporation to obtain and furnish him with such information and explanations from its present or former directors, officers, employees, agents and auditors or those of any of its subsidiaries as are, in his opinion, necessary to enable him to fulfil his responsibilities as the auditor of the accounts of Canada. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Access to Information Sections 14-15 Direction of the Governor in Council (3) If, in the opinion of the Auditor General, a Crown corporation, in response to a request made under subsection (2), fails to provide any or sufficient information or explanations, he may so advise the Governor in Council, who may thereupon direct the officers of the corporation to furnish the Auditor General with such information and explanations and to give him access to those records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries access to which is, in the opinion of the Auditor General, necessary for him to fulfil his responsibilities as the auditor of the accounts of Canada. 1976-77, c. 34, s. 14. Staff of the Auditor General Officers, etc. 15 (1) The officers and employees that are necessary to enable the Auditor General to perform his or her duties are to be appointed in accordance with the Public Service Employment Act and, subject to subsections (2) to (5), the provisions of that Act apply to those offices and employees. Public Service Employment Act — employer and deputy head (2) The Auditor General may exercise the powers and perform the functions of the employer and deputy head under the Public Service Employment Act within the meaning of those terms in subsection 2(1) of that Act. Public Service Employment Act — Commission (3) The Auditor General may, in the manner and subject to the terms and conditions that the Public Service Commission directs, exercise the powers and perform the functions of that Commission under the Public Service Employment Act, other than its powers and functions in relation to the hearing of allegations by a candidate under sections 118 and 119 of that Act and its power to make regulations. Delegation (4) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions under subsections (2) and (3). Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Staff of the Auditor General Sections 15-16.1 Sub-delegation (5) Any person authorized under subsection (4) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates. R.S., 1985, c. A-17, s. 15; 1992, c. 54, s. 79; 2003, c. 22, ss. 91, 227. Appointment of Commissioner 15.1 (1) The Auditor General shall, in accordance with the Public Service Employment Act, appoint a senior officer to be called the Commissioner of the Environment and Sustainable Development who shall report directly to the Auditor General. Commissioner’s duties (2) The Commissioner shall assist the Auditor General in performing the duties of the Auditor General set out in this Act that relate to the environment and sustainable development. 1995, c. 43, s. 4. Responsibility for human resources management 16 The Auditor General is authorized, in respect of persons appointed in his or her office, to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of the Financial Administration Act, as well as those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. R.S., 1985, c. A-17, s. 16; 2003, c. 22, s. 92. Delegation 16.1 (1) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions in relation to human resources management. Sub-delegation (2) Any person authorized under subsection (1) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates. 2003, c. 22, s. 92. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Staff of the Auditor General Sections 16.2-18.2 Contract for professional services 16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services. 2003, c. 22, s. 228. Classification standards 17 Classification standards may be prepared for persons employed in the office of the Auditor General to conform with the classifications that the Auditor General recognizes for the purposes of that office. 1976-77, c. 34, s. 18. Delegation 18 The Auditor General may designate a senior member of his staff to sign on his behalf any opinion that he is required to give and any report other than his annual report on the financial statements of Canada made pursuant to section 64 of the Financial Administration Act and his reports to the House of Commons under this Act, and any member so signing an opinion or report shall indicate beneath his signature his position in the office of the Auditor General and the fact that he is signing on behalf of the Auditor General. 1976-77, c. 34, s. 19. Immunities Immunity as witness 18.1 The Auditor General, or any person acting on behalf or under the direction of the Auditor General, is not a competent or compellable witness — in respect of any matter coming to the knowledge of the Auditor General or that person as a result of performing audit powers, duties or functions under this or any other Act of Parliament during an examination or inquiry — in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act. 2006, c. 9, s. 305. Protection from prosecution 18.2 (1) No criminal or civil proceedings lie against the Auditor General, or against any person acting on behalf or under the direction of the Auditor General, for anything done, reported or said in good faith in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Immunities Sections 18.2-21 Defamation (2) For the purposes of any law relating to defamation, (a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Auditor General, in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, is privileged; and (b) any report made in good faith by the Auditor General in the course of the performance or purported performance of audit powers, duties or functions under this or any other Act of Parliament, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast, is privileged. 2006, c. 9, s. 305. Estimates Estimates 19 (1) The Auditor General shall annually prepare an estimate of the sums that will be required to be provided by Parliament for the payment of the salaries, allowances and expenses of his office during the next ensuing fiscal year. Special report (2) The Auditor General may make a special report to the House of Commons in the event that amounts provided for his office in the estimates submitted to Parliament are, in his opinion, inadequate to enable him to fulfil the responsibilities of his office. 1976-77, c. 34, s. 20. Appropriation allotments 20 The provisions of the Financial Administration Act with respect to the division of appropriations into allotments do not apply in respect of appropriations for the office of the Auditor General. 1976-77, c. 34, s. 21. Audit of the Office of the Auditor General Audit of office of the Auditor General 21 (1) A qualified auditor nominated by the Treasury Board shall examine the receipts and disbursements of the office of the Auditor General and shall report annually the outcome of his examinations to the House of Commons. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Audit of the Office of the Auditor General Sections 21-21.2 Submission of reports and tabling (2) Each report referred to in subsection (1) shall be submitted to the President of the Treasury Board on or before the 31st day of December in the year to which the report relates and the President of the Treasury Board shall lay each such report before the House of Commons within fifteen days after receipt thereof by him or, if that House is not then sitting, on any of the first fifteen days next thereafter that the House of Commons is sitting. 1976-77, c. 34, s. 22. Sustainable Development Purpose 21.1 In addition to carrying out the functions referred to in subsection 23(3), the purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of designated entities towards sustainable development, which is a continually evolving concept based on the integration of social, economic and environmental concerns, and which may be achieved by, among other things, (a) the integration of the environment and the economy; (b) protecting the health of Canadians; (c) protecting ecosystems; (d) meeting international obligations; (e) promoting equity; (f) an integrated approach to planning and making decisions that takes into account the environmental and natural resource costs of different economic options and the economic costs of different environmental and natural resource options; (g) preventing pollution; and (h) respect for nature and the needs of future generations. 1995, c. 43, s. 5; 2008, c. 33, s. 16; 2010, c. 16, s. 5; 2019, c. 2, s. 10.2. Additional functions 21.2 The Commissioner must also carry out the functions assigned to them under the Canadian Net-Zero Emissions Accountability Act. 2021, c. 22, s. 28. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Sustainable Development Sections 22-23 Petitions received 22 (1) Where the Auditor General receives a petition in writing from a resident of Canada about an environmental matter in the context of sustainable development that is the responsibility of a designated entity, the Auditor General shall make a record of the petition and forward the petition within fifteen days after the day on which it is received to the appropriate Minister for the designated entity. Acknowledgement to be sent (2) Within fifteen days after the day on which the Minister receives the petition from the Auditor General, the Minister shall send to the person who made the petition an acknowledgement of receipt of the petition and shall send a copy of the acknowledgement to the Auditor General. Minister to respond (3) The Minister shall consider the petition and send to the person who made it a reply that responds to it, and shall send a copy of the reply to the Auditor General, within (a) one hundred and twenty days after the day on which the Minister receives the petition from the Auditor General; or (b) any longer time, where the Minister personally, within those one hundred and twenty days, notifies the person who made the petition that it is not possible to reply within those one hundred and twenty days and sends a copy of that notification to the Auditor General. Multiple petitioners (4) Where the petition is from more than one person, it is sufficient for the Minister to send the acknowledgement and reply, and the notification, if any, to one or more of the petitioners rather than to all of them. 1995, c. 43, s. 5; 2019, c. 2, s. 10.3. Duty to monitor 23 (1) The Commissioner shall make any examinations and inquiries that the Commissioner considers necessary in order to monitor (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; and Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Sustainable Development Section 23 (b) the replies by Ministers required by subsection 22(3). Commissioner’s report (2) The Commissioner shall, on behalf of the Auditor General, report annually to Parliament concerning anything that the Commissioner considers should be brought to the attention of Parliament in relation to environmental and other aspects of sustainable development, including (a) the extent to which designated entities have contributed to meeting the targets set out in the Federal Sustainable Development Strategy and have met the objectives, and implemented the plans, set out in their own sustainable development strategies laid before the Houses of Parliament under section 11 or 12 of the Federal Sustainable Development Act; (b) the number of petitions recorded as required by subsection 22(1), the subject-matter of the petitions and their status; and (c) the exercising of the authority of the Governor in Council under sections 12.2 and 12.3 of the Federal Sustainable Development Act. Duty to examine (3) The Commissioner shall examine the report required under subsection 7(2) of the Federal Sustainable Development Act in order to assess the fairness of the information contained in the report with respect to the progress of the federal government in implementing the Federal Sustainable Development Strategy and meeting its targets. Duty to report (4) The results of any assessment conducted under subsection (3) shall be included in the report referred to in subsection (2) or in the annual report, or in any of the three additional reports, referred to in subsection 7(1). Submission and tabling of report (5) The report required by subsection (2) shall be submitted to the Speakers of the Senate and the House of Commons and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report. 1995, c. 43, s. 5; 2008, c. 33, s. 17; 2010, c. 16, s. 6; 2019, c. 2, s. 10.4. Current to June 20, 2022 Last amended on June 29, 2021 Auditor General Sustainable Development Section 24 24 [Repealed, 2008, c. 33, s. 18] Current to June 20, 2022 Last amended on June 29, 2021 Auditor General SCHEDULE SCHEDULE [Repealed, 2008, c. 33, s. 19] Current to June 20, 2022 Last amended on June 29, 2021 Auditor General RELATED PROVISIONS RELATED PROVISIONS — 2005, c. 38, s. 16, as amended by 2005 , c . 38, par. 144 (8) (a) (E) Definitions 16 The following definitions apply in sections 17 to 19 and 21 to 28. former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence) new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence) order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/ 2003-216. (décret C.P. 2003-2064) — 2005, c. 38, par. 19 (1) (e) References 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (e) any direction of the Governor in Council made under subsection 24(3) of the Auditor General Act; — 2006, c. 9, par. 120 (b) Transitional — continuation in office 120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed: (b) the Auditor General of Canada under section 3 of the Auditor General Act; — 2008, c. 33, s. 14 Directions 14 The directions made under subsection 24(3) of the Auditor General Act, as this subsection read immediately before the coming into force of section 18 of this Act, remain in force and are deemed to have been made under subsection 11(3) of this Act. Current to June 20, 2022 Last amended on June 29, 2021

CONSOLIDATION Antarctic Environmental Protection Act S.C. 2003, c. 20 Current to June 20, 2022 Last amended on December 12, 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 12, 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 12, 2017 TABLE OF PROVISIONS An Act respecting the protection of the Antarctic Environment Short Title 1 Short title Interpretation 2 Definitions Purpose 3 Purpose of the Act Application 4 Her Majesty Non-application to Canadian Forces Prohibitions 7 Canadian expeditions Canadian stations Canadian vessels Canadian aircraft Mineral resources Native species Introduction of non-native species Specified substances and products Specially protected areas Historic sites and monuments Waste disposal Discharge into sea Emergencies Things obtained in contravention of Act Permits Issuance 21 Issuance Application on behalf of others Current to June 20, 2022 Last amended on December 12, 2017 ii Antarctic Environmental Protection TABLE OF PROVISIONS Environmental Impact Assessments 23 Preliminary environmental evaluation Waste Management Plans and Emergency Plans 24 Requirement for plans Security 25 Requirement to provide security Regulations 26 General Regulations — fees Recovery Enforcement in Canada Enforcement Officers and Analysts 29 Designation 29.1 Immunity Inspections in Canada 30 Entry Production of documents and samples Search and Seizure in Canada 32 Authority to issue warrant for search and seizure Custody Redelivery on deposit of security Detention in Canada 35 Seizure Application to extend period of detention Detention of Vessels 37 Detention Direction of Vessels 37.01 Power to direct Environmental Protection Compliance Orders 37.02 Meaning of order 37.03 Order 37.04 Exigent circumstances 37.05 Notice of intent 37.06 Compliance with order 37.07 Intervention by enforcement officer Current to June 20, 2022 Last amended on December 12, 2017 iv Antarctic Environmental Protection TABLE OF PROVISIONS 37.08 Recovery of reasonable costs and expenses by Her Majesty 37.09 Request for review 37.1 Variation or cancellation of order 37.11 Regulations 37.12 Review Assistance to Enforcement Officers and Analysts 38 Right of passage Assistance Forfeiture in Canada 40 Forfeiture on consent Forfeiture by order of court Court may order forfeiture Disposal of forfeited vessel, aircraft, etc. Application by person claiming interest Liability for Costs 44.1 Liability for costs Inspections in the Antarctic 45 Designation of inspectors Powers of inspectors 46.1 Immunity Production of documents and samples Obstruction and False Information 48 Obstruction Knowingly providing false or misleading information, etc. Offence — persons 50.1 Offence — persons 50.2 Determination of small revenue corporation status 50.3 Offence — vessels 50.4 Offences — vessels 50.5 Deeming — second and subsequent offence 50.6 Relief from minimum fine 50.7 Additional fine 50.8 Notice to shareholders Current to June 20, 2022 Last amended on December 12, 2017 v Antarctic Environmental Protection TABLE OF PROVISIONS 50.9 Fundamental purpose of sentencing 50.91 Sentencing principles 50.92 Proceedings against vessels Liability of directors, officers, etc., of corporations Liability of owners, operators, masters and chief engineers of vessels Continuing offence 53.1 Offences involving more than one animal, plant, etc. Identifying authorized representative, master, etc. Due diligence No proceedings without consent Limitation period Documents admissible in evidence Injunction Proof of offence Importing substances by analysts Absolute or conditional discharge Suspended sentence Orders of court 66.1 Compensation for loss of property Variation of sanctions Subsequent applications with leave 68.1 Application of fines 68.2 Publication of information about contraventions 68.3 Contraventions Act 68.4 Review Disclosure of Information 69 Purposes for which information may be disclosed Coming into Force *70 Order Current to June 20, 2022 Last amended on December 12, 2017 v S.C. 2003, c. 20 An Act respecting the protection of the Antarctic Environment [Assented to 20th October 2003] Preamble WHEREAS Canada is a party to the Antarctic Treaty, to the Convention for the Conservation of Antarctic Seals and to the Convention on the Conservation of Antarctic Marine Living Resources; WHEREAS the Antarctic is a natural reserve, devoted to peace and science; AND WHEREAS the Government of Canada is committed to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems; 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 Antarctic Environmental Protection Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. Antarctic means (a) the continent iceshelves; Current to June 20, 2022 Last amended on December 12, 2017 of Antarctica, including its Antarctic Environmental Protection Interpretation Section 2 (b) all islands south of 60o south latitude, including their iceshelves; (c) all areas of the continental shelf that are adjacent to that continent or to those islands and that are south of 60o south latitude; and (d) all sea and airspace south of 60o south latitude. (Antarctique) authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé) Canadian means (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or (b) a corporation established or continued under the laws of Canada or a province. (Canadien) Canadian aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef canadien) Canadian expedition means a journey undertaken by a person or persons (a) that is organized in Canada; or (b) for which the final place of departure of the person or persons is in Canada. (expédition canadienne) Canadian vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment canadien) 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) conveyance includes any vehicle, vessel or aircraft. (moyen de transport) master includes every person who has command or charge of a vessel but does not include a pilot. (capitaine) Minister means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purpose of this Act. (ministre) Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Interpretation Sections 2-4 permit means a permit issued under section 21. (permis) place includes any platform anchored at sea, shipping container or conveyance. (lieu) Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed at Madrid on October 4, 1991, as amended from time to time, to the extent that the amendments are binding on Canada. (Protocole) registered owner has the same meaning as in subsection 3(1) of the Aeronautics Act. (propriétaire enregistré) Treaty means the Antarctic Treaty, signed at Washington on December 1, 1959, as amended from time to time, to the extent that the amendments are binding on Canada. (Traité) vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform. (bâtiment) Same meaning (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Treaty or the Protocol. Another Party to the Protocol (3) A reference in this Act to another Party to the Protocol is a reference to a Party other than Canada. 2003, c. 20, s. 2; 2009, c. 14, s. 2. Purpose Purpose of the Act 3 The purpose of this Act is to protect the Antarctic environment, particularly by implementing the Protocol. Application Her Majesty 4 This Act is binding on Her Majesty in right of Canada and of a province. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Application Sections 5-10 Non-application to Canadian Forces 5 This Act does not apply to a member of the Canadian Forces acting in that capacity or in respect of a vessel, facility or aircraft of the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces. 6 [Repealed, 2012, c. 19, s. 60] Prohibitions Canadian expeditions 7 (1) No person who is on a Canadian expedition shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply to a person who is (a) travelling through, on or above the high seas to an immediate destination outside the Antarctic; or (b) in the Antarctic for the sole purpose of fishing for profit. Canadian stations 8 No person shall be in a Canadian station in the Antarctic except in accordance with a permit. Canadian vessels 9 (1) No Canadian vessel shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply to a Canadian vessel that is (a) travelling through or on the high seas to an immediate destination outside the Antarctic; or (b) in the Antarctic for the sole purpose of fishing for profit. Canadian aircraft 10 (1) No person shall operate a Canadian aircraft in the Antarctic except in accordance with a permit or Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Prohibitions Sections 10-12 under the written authorization of another Party to the Protocol. Exception (2) Subsection (1) does not apply in respect of a Canadian aircraft travelling to an immediate destination outside the Antarctic. Mineral resources 11 No Canadian or Canadian vessel shall, in the Antarctic, conduct any activity relating to mineral resources, including the recovery or exploitation of, or the prospecting or exploration for, mineral resources. This does not prohibit scientific research conducted in accordance with a permit or under the written authorization of another Party to the Protocol. Native species 12 (1) Except in accordance with a permit or under the written authorization of another Party to the Protocol, no Canadian shall, in the Antarctic, (a) kill, injure, capture, handle or molest a native mammal or native bird; (b) remove or damage native plants in a manner that significantly affects their local distribution or abundance; (c) fly or land a helicopter or other aircraft in a manner that disturbs any concentration of native birds or seals; (d) use a vehicle or vessel, including a hovercraft and a small boat, in a manner that disturbs any concentration of native birds or seals; (e) use an explosive or firearm in a manner that disturbs any concentration of native birds or seals; (f) while on foot, wilfully disturb a breeding or moulting native bird; (g) while on foot, wilfully disturb any concentration of native birds or seals; (h) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it, or in any other manner; or (i) engage in any activity that results in the significant adverse modification of the habitat of any species or population of native mammals, native birds, native plants or native invertebrates. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Prohibitions Sections 12-14 Definitions (2) The following definitions apply in subsection (1). native bird means a member, at any stage of its life cycle, including eggs, of any species of the class Aves that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (oiseau indigène) native invertebrate means any terrestrial or freshwater invertebrate, at any stage of its life cycle, that is indigenous to the Antarctic. (invertébré indigène) native mammal means a member of any species of the class Mammalia that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. (mammifère indigène) native plant means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to the Antarctic. (plante indigène) Introduction of non-native species 13 (1) No Canadian or Canadian vessel shall introduce into the Antarctic any animal or plant of a species that is not indigenous to the Antarctic, except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply in respect of (a) any bird or mammal that occurs in the Antarctic seasonally through natural migrations; or (b) food other than poultry or live animals. Specified substances and products 14 No Canadian or Canadian vessel shall introduce into the Antarctic any substance or product specified in the regulations. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Prohibitions Sections 15-18 Specially protected areas 15 No Canadian or Canadian vessel shall be in an Antarctic specially protected area designated by the regulations except in accordance with a permit or under the written authorization of another Party to the Protocol. Historic sites and monuments 16 No Canadian or Canadian vessel shall damage, destroy or remove any part of an historic site or monument in the Antarctic designated by the regulations. Waste disposal 17 (1) No Canadian shall dispose of waste in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Absolute prohibition (2) Despite subsection (1), no Canadian shall, in the Antarctic, burn waste in the open air or dispose of waste in any ice-free area or in any fresh water system. Discharge into sea 18 (1) No Canadian vessel shall, while in the Antarctic, discharge into the sea any oil or oily mixture or any food waste except in accordance with a permit or under the written authorization of another Party to the Protocol. Absolute prohibition — garbage (2) Despite subsection (1), no Canadian vessel shall, while in the Antarctic, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment. Sewage (3) Despite subsection (1), no Canadian vessel that is certified to carry more than 10 persons on board shall, while in the Antarctic, (a) discharge into the sea any untreated sewage within 12 nautical miles of any land or any iceshelf; or (b) instantaneously discharge into the sea any sewage stored in a holding tank. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Prohibitions Sections 18-21 Meaning of garbage (4) In subsection (2), garbage, in respect of a vessel, means all kinds of victual, domestic and operational waste, other than fresh fish and parts of fresh fish. Emergencies 19 Sections 7 to 18 do not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value. Things obtained in contravention of Act 20 No person or vessel in Canada, and no Canadian or Canadian vessel while in the Antarctic, shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of this Act or the regulations. Permits Issuance Issuance 21 (1) The Minister may, on application, issue permits for the purposes of this Act. Application (2) An application for a permit must be in the form and contain the information prescribed by the regulations. Additional information (3) The Minister may require an applicant for a permit to provide the Minister with any information that he or she considers necessary. Conditions (4) Subject to the regulations, the Minister may include in a permit any condition that he or she considers appropriate. Minister may refuse or suspend permit (5) The Minister may refuse to issue a permit, or may amend, suspend or cancel a permit, if he or she is of the opinion that the public interest warrants it. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Permits Issuance Sections 21-23 Statutory Instruments Act (6) A permit is not a statutory instrument for the purposes of the Statutory Instruments Act. Application on behalf of others 22 (1) A person may apply for a permit on behalf of a Canadian vessel or any other person and, if a permit is issued on behalf of a vessel or person other than the permit holder, that vessel or other person is subject to the conditions of the permit to the extent that those conditions are expressed in the permit to apply to them. Identification of person or vessel (2) For the purpose of subsection (1), a Canadian vessel or person need not be expressly named in a permit in order to be subject to its conditions so long as the vessel or person is sufficiently identified in the permit, either by class or other description. Deemed contravention by permit holder (3) If a Canadian vessel or person that is not a permit holder but that is bound by a condition of a permit contravenes the condition, the holder of the permit is also deemed to have contravened that condition. Environmental Impact Assessments Preliminary environmental evaluation 23 (1) The Minister may issue a permit only if he or she is satisfied that a preliminary environmental evaluation in relation to the activities to which the permit is to relate has been conducted in accordance with the regulations. Initial or comprehensive evaluation (2) If the Minister, after having considered the preliminary evaluation, is of the opinion that the activities will likely have at least a minor or transitory impact on the environment, he or she must ensure that an initial environmental evaluation, or a comprehensive environmental evaluation, in relation to those activities is conducted in accordance with the regulations before the permit is issued. Comprehensive evaluation (3) If the Minister, after having considered an initial evaluation, is of the opinion that the activities will likely have more than a minor or transitory impact on the environment, he or she must ensure that a comprehensive environmental evaluation in relation to those activities is conducted in accordance with the regulations before a permit is issued. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Permits Environmental Impact Assessments Sections 23-26 Restriction (4) The Minister may not issue the permit if he or she is of the opinion, after having considered the comprehensive evaluation, that the activities are likely to have a significant adverse environmental impact that cannot be justified in the circumstances. Waste Management Plans and Emergency Plans Requirement for plans 24 The Minister may issue a permit that authorizes persons on a Canadian expedition, or a Canadian vessel or Canadian aircraft, to be in the Antarctic only if the Minister is satisfied that a waste management plan and an emergency plan for the expedition, vessel or aircraft have been prepared in accordance with the regulations. Security Requirement to provide security 25 (1) The Minister may require an applicant for a permit to provide and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations and in a form prescribed by the regulations or a form satisfactory to the Minister. How security may be applied (2) Any security may be applied by the Minister to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit. Regulations General 26 (1) The Governor in Council may make regulations (a) respecting applications for permits, including the form of the applications, who may apply for permits and the information that must be provided in respect of permit applications; (b) respecting the making of applications for a permit on behalf of a Canadian vessel; (c) respecting the issuance, renewal, cancellation and suspension of permits, and the conditions that the Minister may include in a permit; Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Regulations Section 26 (d) respecting the activities that may be authorized by a permit; (e) specifying substances and products for the purposes of section 14; (f) designating Antarctic specially protected areas for the purposes of section 15; (g) designating historic sites and monuments for the purposes of section 16; (h) respecting environmental impact assessments for the purposes of section 23; (i) respecting waste management plans and emergency plans for the purposes of section 24; (j) respecting security for the purposes of section 25; (j.1) designating provisions of the regulations for the purposes of paragraphs 50(1)(b) and 50.3(1)(b); and (k) respecting any other matter that the Governor in Council considers necessary for carrying out the purposes of this Act. Incorporation by reference (2) Regulations made under subsection (1) may incorporate by reference any document, including a document prepared by an organization working under the Treaty or the Protocol or by another Party to the Protocol. Amended from time to time (3) Material may be incorporated by reference as it existed on a specified date or as amended from time to time. Incorporated material is not a regulation (4) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act. Defence (5) For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention, (a) the material was reasonably accessible to the person or vessel; (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Regulations Sections 26-29 (c) the material had been published in the Canada Gazette. 2003, c. 20, s. 26; 2009, c. 14, s. 3; 2017, c. 26, s. 63(E). Regulations — fees 27 (1) The Minister may make regulations (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for issuing, amending or renewing permits; (b) prescribing the persons or vessels or classes of persons or vessels by whom or on whose behalf the fees are to be paid, and requiring the fees to be paid by those persons, vessels or classes; (c) exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and (d) generally, in respect of any condition or any other matter in relation to the payment of those fees. Limit (2) Fees that are prescribed by or under regulations made under subsection (1) in respect of the issuance, amendment or renewal of permits shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty in carrying out those functions. Recovery 28 Fees required by the regulations to be paid constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement in Canada Enforcement Officers and Analysts Designation 29 (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. Powers (2) For the purposes of this Act, an enforcement officer in Canada has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Enforcement Officers and Analysts Sections 29-30 Limits (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act. Production of certificate (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place. Immunity 29.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 4. Inspections in Canada Entry 30 (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter any place in Canada in which the enforcement officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. Dwelling-house (2) An enforcement officer may not enter a dwellinghouse without the consent of the occupant or pursuant to a warrant issued under subsection (3). Warrant for inspection of dwelling-house (3) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act, and (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-house, subject to any conditions that may be Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Inspections in Canada Section 30 specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Warrants for inspection of non-dwellings (4) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a place other than a dwellinghouse, (b) entry to the place is necessary for any purpose relating to the administration of this Act, (c) entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Waiving notice (5) The justice may waive the requirement to give notice under paragraph (4)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice. Use of force (6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant. Stopping and detaining conveyances (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Inspections in Canada Section 30 Vessels and aircraft (8) For the purposes of this Act but subject to subsection (2), if an enforcement officer believes on reasonable grounds that there is, on any vessels or aircraft in Canada, anything to which this Act applies or any document relating to its administration, the officer may, at any reasonable time, (a) direct that the vessel be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain the vessel; (b) board the vessel or aircraft; or (c) travel on the vessel or aircraft. Powers of inspection (9) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act, (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place; (b) open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing; (c) examine any books, records, electronic data or other documents that he or she believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them; (d) take samples of anything relevant to the administration of this Act; and (e) conduct any tests or take any measurements. Analysts (10) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (9). Disposition of samples (11) An enforcement officer or analyst may dispose of a sample taken under paragraph (9)(d) in any manner that the officer or analyst considers appropriate. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Inspections in Canada Sections 30-31 Operation of computer systems and copying equipment (12) In carrying out an inspection, an enforcement officer may (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents. Duty of person in possession or control (13) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (12). Assistance (14) The owner or person in charge of a place being inspected under this section, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require. 2003, c. 20, s. 30; 2009, c. 14, s. 5. Production of documents and samples 31 (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person in Canada, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in Canada or any document; or (b) to conduct any tests in Canada or take any measurements or samples there. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Inspections in Canada Sections 31-32 Compliance (2) Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement. Search and Seizure in Canada Authority to issue warrant for search and seizure 32 (1) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place in Canada (a) anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act, the justice may issue a warrant authorizing an enforcement officer, or any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b), subject to any conditions that may be specified in the warrant. Warrant for seizure of vessel or aircraft (2) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed by a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft, he or she may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the vessel or aircraft anywhere in Canada. Search and seizure (3) A person authorized by a warrant issued under subsection (1) or (2) may (a) at any reasonable time, enter and search a place referred to in the warrant; (b) seize and detain anything referred to in the warrant; and (c) exercise the powers described in subsections 30(9) and (11). Where warrant not necessary (4) An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practical to obtain the warrant. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Search and Seizure in Canada Sections 32-33 Exigent circumstances (5) For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in a danger to human life or the environment or the loss or destruction of evidence. Operation of computer system and copying equipment (6) A person authorized under this section to search a place may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) seize any printout or other output for examination or copying; or (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (7) Every person who is in possession or control of a place where a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6). 2003, c. 20, s. 32; 2009, c. 14, s. 6. Custody 33 (1) Anything seized under section 32 must be delivered into the custody of a person whom the Minister designates. Discharge of cargo (2) If a thing seized under section 32 has cargo on board, the cargo may be discharged, under the supervision of (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1), at the place in Canada that is capable of receiving the cargo and is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Search and Seizure in Canada Sections 33-35 Sale of perishable cargo (3) If a thing seized under section 32 has cargo on board that is perishable, (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1) may sell the cargo or the portion of it that is perishable, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General. Order for delivery of cargo (4) The owner of the cargo may apply to the Federal Court for an order requiring the person who has custody of the cargo or the proceeds of any sale of the cargo to deliver the cargo or proceeds to the owner, and the Court may make the order if it is satisfied that the applicant is the owner of the cargo to which the application relates. Redelivery on deposit of security 34 (1) If a thing has been seized under section 32, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 33(3) to the person from whom the thing was seized if security in the form of a bond, in an amount and form satisfactory to the Minister, is given to the Minister. Seized vessel etc., to be returned unless proceedings instituted (2) Anything referred to in subsection (1) that has been seized under section 32, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the day of its seizure unless, before the expiry of that period, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing. Detention in Canada Seizure 35 (1) Whenever, during the course of an inspection or search, an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, the enforcement officer may seize and detain anything Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Detention in Canada Section 35 (a) by means of or in relation to which the enforcement officer reasonably believes the offence occurred; or (b) that the enforcement officer reasonably believes will afford evidence of the offence. Limitation (2) An enforcement officer shall not seize anything under subsection (1) unless the thing is required as evidence or for purposes of analysis, or unless the enforcement officer is of the opinion that the seizure is necessary in the public interest. Notice of contravention (3) An enforcement officer who has seized and detained a thing under subsection (1) shall, as soon as practicable, advise the person in whose possession it was at the time of the seizure of the provision of this Act or the regulations that the enforcement officer believes has been contravened. Detention and release (4) A thing seized under subsection (1) or section 32, other than a vessel or aircraft, shall not be detained (a) after the owner of the thing or the person in whose possession it was at the time of the seizure applies to the enforcement officer or to the Minister for its release and the enforcement officer or the Minister is satisfied that it is not necessary in the public interest to continue to detain the thing or that the thing is not required as evidence or for purposes of analysis; or (b) after the expiry of 90 days after the day of its seizure, unless before that time (i) the thing has been forfeited under section 40, (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are finally concluded, or (iii) the Minister has, in accordance with section 36, served or made reasonable efforts to serve notice of an application for an order extending the period during which the thing may be detained. Storage of seized thing (5) A thing seized by an enforcement officer under subsection (1) or section 32, other than a vessel, aircraft, platform or other structure, shall be kept or stored in the place where it was seized except if Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Detention in Canada Sections 35-36 (a) in the opinion of the enforcement officer, (i) it is not in the public interest to do so, or (ii) the thing seized, or a sample of it, is required as evidence and removal and storage of the thing seized are necessary to ensure that the thing or sample will be available as evidence in any related proceedings, or (b) the person in whose possession it was at the time of its seizure or the person entitled to possession of the place requests the enforcement officer to have it removed to some other place, in which case, the thing may be removed to and stored in any other place at the direction of or with the concurrence of an enforcement officer and at the expense of the person who requested that it be removed. Interference with seized thing (6) Unless authorized by an enforcement officer, no person shall remove, alter or interfere in any way with a thing seized and detained by an enforcement officer under subsection (1) or section 32, but an enforcement officer shall, at the request of the person from whom it was seized, allow that person or any person authorized by that person to examine it and, if practicable, provide a sample or copy of it to that person. Application to extend period of detention 36 (1) If proceedings referred to in paragraph 35(4)(b) have not been instituted in respect of the contravention in relation to which a thing was seized under section 32 or subsection 35(1), the Minister may, before the expiry of 90 days after the day of its seizure and on serving prior notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code, within whose territorial jurisdiction the seizure was made for an order extending the period during which it may be detained. Notice (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made, or by registered mail at least seven clear days before that day, and shall specify (a) the provincial court in which the application is to be made; (b) the place where and the time when the application is to be heard; Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Detention in Canada Sections 36-37 (c) the thing seized in respect of which the application is to be made; and (d) the grounds on which the Minister intends to rely to show why there should be an extension of the period during which the thing seized may be detained. Order of extension granted (3) If, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order (a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and (b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 35(4)(b)(i), (ii) or (iii) has occurred. Order of extension refused (4) If, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of its seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, an event referred to in subparagraph 35(4)(b)(i) or (ii) has occurred. Detention of Vessels Detention 37 (1) An enforcement officer may make a detention order in respect of a Canadian vessel, or any other vessel in Canada, if the enforcement officer has reasonable grounds to believe that (a) the vessel has committed an offence under this Act; or (b) an authorized representative of the Canadian vessel or of the other vessel, or the master of the Canadian vessel, has committed an offence under this Act and that the vessel was used in connection with the commission of the offence. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Detention of Vessels Section 37 Order in writing (2) The detention order shall be in writing and be addressed to all persons at any port in Canada where the vessel to which the order relates is or will be who are empowered to give a clearance in respect of the vessel. Notice of detention order (3) Notice of the detention order shall be served on the master of the vessel in respect of which the order is made. Duty of authorized representative or master (4) If the notice has been served on the master of the vessel, the authorized representative or master of the vessel shall not give an order for the vessel to go into an area of the sea referred to in paragraph 122(2)(f) or (g) of the Canadian Environmental Protection Act, 1999 during the term of the detention order. Duty of persons empowered to give clearance (5) Subject to subsection (6), no person to whom a detention order is addressed shall, after notice of the order is received by the person, give clearance in respect of the vessel to which the order relates. When clearance given (6) A person to whom a detention order is addressed and who has received notice of the order may give clearance in respect of the vessel to which the order relates if (a) the vessel or the authorized representative or master of the vessel, as the case may be, (i) has not, within 30 days after the day on which the order was made, been charged with the offence that gave rise to the order, or (ii) has, within 30 days after the day on which the order was made, been charged with that offence and appears in Canada to answer to the charge; (b) security for payment of the maximum fine that might be imposed as a result of a conviction of the vessel or the person charged with that offence and of costs related to proceedings in connection with the charge, or security for payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Detention of Vessels Sections 37-37.03 Foreign state to be notified (7) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made. 2003, c. 20, s. 37; 2009, c. 14, s. 8. Direction of Vessels Power to direct 37.01 An enforcement officer may direct a Canadian vessel, or any other vessel in Canada, to proceed, by the route and in the manner that the enforcement officer may specify, to any place specified by the enforcement officer if the officer has reasonable grounds to believe that (a) the vessel is committing, has committed or is about to commit an offence under this Act; or (b) a person on board the vessel is committing, has committed or is about to commit such an offence and the vessel was, is being or is about to be used in connection with the commission of the offence. 2009, c. 14, s. 9. Environmental Protection Compliance Orders Meaning of order 37.02 For the purpose of sections 37.03 to 37.12, order means an environmental protection compliance order issued under section 37.03. 2009, c. 14, s. 9. Order 37.03 (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (2) to take any of the measures referred to in subsection (3) that are reasonable in the circumstances and consistent with the protection of the Antarctic environment and dependent and associated ecosystems, and with public safety, in order to cease or refrain from committing the alleged contravention. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Section 37.03 Persons subject to order (2) Subsection (1) applies to (a) any person who causes or contributes to the alleged contravention; (b) any person who is likely to cause or contribute to the alleged contravention; or (c) in the case of an alleged contravention by a person to whom a permit applies, any person to whom that permit applies. Specific measures (3) The order may specify that the person to whom the order is directed take one or more of the following measures: (a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations; (b) stop or shut down any activity, work, undertaking or thing for a specified period; (c) cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations; (d) move any conveyance to another location including, in the case of a Canadian vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft; (e) unload or reload the contents of any conveyance; and (f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the environment damaged by the alleged contravention or to protect the components of the environment put at risk by the alleged contravention — including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Sections 37.03-37.04 (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer that sets out any action to be taken by the person with respect to the subject matter of the order. Contents of order (4) Subject to section 37.04, an order must be made in writing and must set out (a) the name of the person or persons to whom it is directed; (b) the provision of this Act 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) 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 (5), 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. Duration of order (5) An order may not be in force for a period of more than 180 days. Failing to file report (6) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed. Statutory Instruments Act (7) An order is not a statutory instrument for the purposes of the Statutory Instruments Act. 2009, c. 14, s. 9; 2017, c. 26, s. 63(E). Exigent circumstances 37.04 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 37.03. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Sections 37.04-37.07 Meaning of exigent circumstances (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 37.03(4) would result in danger to human life or the environment. 2009, c. 14, s. 9. Notice of intent 37.05 (1) Except in exigent circumstances, an enforcement officer shall, whenever practicable, before issuing an order, (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (2) The notice of intent to issue the order must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order is to be issued; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. 2009, c. 14, s. 9. Compliance with order 37.06 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by an enforcement officer in an order given orally under subsection 37.04(1), 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 Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention. 2009, c. 14, s. 9. Intervention by enforcement officer 37.07 (1) If a person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Sections 37.07-37.08 Access to property (2) An enforcement officer or other person authorized or required by an enforcement officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances. Personal liability (3) Any person, other than a person described in paragraph 37.03(2)(a) or (b), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. 2009, c. 14, s. 9. Recovery of reasonable costs and expenses by Her Majesty 37.08 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 37.07(1) from any person referred to in paragraph 37.03(2)(a) to the extent of the person’s negligence in causing or contributing to the alleged contravention. Costs must have been reasonably incurred (2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. 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 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. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Sections 37.08-37.1 Limitation period (6) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later. 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 shall be received in evidence and, in the absence of any evidence to the contrary, the document is to 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 and without further proof. 2009, c. 14, s. 9. Request for review 37.09 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, 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 his or her opinion, it is in the public interest to do so. 2009, c. 14, s. 9. Variation or cancellation of order 37.1 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, after giving reasonable notice, (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Environmental Protection Compliance Orders Sections 37.1-38 Notice of intent (2) Except in exigent circumstances, an enforcement officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d), (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) The notice of intent to exercise a power under paragraph (1)(a) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power is to be exercised; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. 2009, c. 14, s. 9. Regulations 37.11 The Minister may make regulations (a) prescribing the form of reporting to enforcement officers under subparagraph 37.03(3)(f)(ii) and specifying the information required to be contained in or to accompany the report; and (b) of either particular or general application, respecting representations made to enforcement officers under paragraph 37.05(1)(b) or 37.1(2)(b). 2009, c. 14, s. 9. Review 37.12 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order. 2009, c. 14, s. 9. Assistance to Enforcement Officers and Analysts Right of passage 38 An enforcement officer, analyst or any other person may, while carrying out their functions under this Act, enter on and pass through or over private property without being liable for exercising that power or without the Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Assistance to Enforcement Officers and Analysts Sections 38-41 owner of the property having the right to object to that use of the property. Assistance 39 The owner or the person in charge of a place entered by an enforcement officer or analyst under section 32, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that the enforcement officer or analyst may reasonably require. Forfeiture in Canada Forfeiture on consent 40 (1) If an enforcement officer has seized a thing under section 32 or subsection 35(1) and the owner or person who was in lawful possession of it at the time of the seizure consents in writing at the request of the enforcement officer to its forfeiture, it is forfeited to Her Majesty in right of Canada. Disposal or destruction (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner or the person who was in lawful possession of the thing at the time it was seized. Forfeiture by order of court 41 (1) Subject to sections 42 and 43, if a person is convicted of an offence under this Act and anything seized under section 32 or subsection 35(1) is then being detained, (a) the thing is, on the conviction and in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the court so directs, in which case (i) the Minister may dispose of or destroy the thing, and (ii) the costs of the forfeiture and disposal or destruction shall be paid by the offender; or (b) the thing shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, be restored to the person from whom it was seized or to any other person Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Forfeiture in Canada Sections 41-43 entitled to its possession on any conditions that may be imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of a further offence under this Act. Things deemed not to have been seized (2) For the purpose of subsection (1), anything released from detention under paragraph 35(4)(a) or (b) is deemed not to have been seized under section 32 or subsection 35(1). Court may order forfeiture 42 If the authorized representative of a Canadian vessel or the registered owner of a Canadian aircraft has been convicted of an offence under this Act, the convicting court may, if the vessel or aircraft was seized under section 32 or subsection 35(1), in addition to any other penalty imposed, order that the vessel or aircraft, or any security given under subsection 34(1) be forfeited, and on the making of the order, the vessel or aircraft or security is forfeited to Her Majesty in right of Canada. Disposal of forfeited vessel, aircraft, etc. 43 (1) If proceedings referred to in subsection 34(2) are instituted within the period referred to in that subsection and, at the final conclusion of those proceedings, any vessel or aircraft, or any security given under subsection 34(1), is ordered to be forfeited, it may be disposed of as the Governor in Council directs. Return of seized vessel, etc., where no forfeiture ordered (2) If a thing has been seized under section 32 and proceedings referred to in subsection (1) are instituted, but the thing is not, at the final conclusion of the proceedings, ordered to be forfeited, it must be returned to the person from whom it was seized, the proceeds of any sale of the cargo under subsection 33(3) must be paid to that person and any security given to the Minister under subsection 34(1) must be returned to that person. Exception (3) If, at the conclusion of proceedings referred to in subsection (1), the person from whom the thing was seized is convicted of an offence arising out of a contravention of this Act or the regulations, the thing and any cargo or the proceeds or security may be retained until the fine is paid, or the thing and any cargo may be sold under execution in satisfaction of the fine, or the proceeds realized from the sale of the cargo or the security or any part of the cargo or security may be applied in payment of the fine. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Forfeiture in Canada Section 44 Application by person claiming interest 44 (1) If a thing has been ordered to be forfeited under this Act, any person, other than a person who was a party to the proceedings that resulted in the order, who claims a right or an interest in the thing as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law may, within 30 days after the day on which the thing is ordered to be forfeited, apply by notice in writing to the Federal Court for an order under subsection (5). Date of hearing (2) The Federal Court must fix a day for the hearing of the application. Notice (3) An applicant for an order under subsection (5) must, at least 30 days before the day fixed under subsection (2), serve a notice of the application and of the hearing on the Minister and on all other persons claiming a right or an interest in the thing that is the subject-matter of the application as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law of whom the applicant has knowledge. Notice of intervention (4) Each person, other than the Minister, who is served with a notice under subsection (3) and who intends to appear at the hearing of the application to which the notice relates must, at least 10 days before the day fixed for the hearing, file a notice of intervention in the Registry of the Federal Court and serve a copy of the notice on the Minister and on the applicant. Order declaring nature and extent of interests (5) If, on the hearing of an application under this section, the Federal Court is satisfied that the applicant, or the intervenors, if any, or any of them, (a) is innocent of any complicity in any conduct that caused the thing to be subject to forfeiture and of any collusion in relation to any such conduct, and (b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the thing so as to be satisfied that it was not likely to be used contrary to the provisions of this Act or, in the case of a holder of a security established on property, other than the holder of a maritime lien or statutory right in rem, that the applicant or intervenor exercised Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Enforcement in Canada Forfeiture in Canada Sections 44-45 such care with respect to the person who gave the property as security, those of the applicant and the intervenors in respect of whom the Court is so satisfied are entitled to an order declaring that their rights or interests are not affected by the forfeiture and declaring the nature and extent of each of their rights or interests and the ranking among them. Additional order (6) If an order is made under subsection (5), the Court may, in addition, order that the thing to which the rights or interests relate be delivered to one or more of the persons found to have a right or an interest in it or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests. Liability for Costs Liability for costs 44.1 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 2009, c. 14, s. 10. Inspections in the Antarctic Designation of inspectors 45 (1) The Minister may designate as an inspector, for the purpose of this Act or any provision of this Act, any person or any member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. Limits (2) The Minister may, including on the request of the Minister of Foreign Affairs, limit the powers that may be exercised by an inspector under this Act. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Inspections in the Antarctic Sections 45-46 Production of certificate (3) The Minister must provide every inspector with a certificate of designation that includes any limits specified under subsection (2). On entering any place, the inspector must, if so requested, produce the certificate to the person in charge of the place. Powers of inspectors 46 (1) Subject to subsections (2) and (6), for the purposes of this Act, an inspector may, at any reasonable time, enter any place in the Antarctic in which the inspector believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. Dwelling-houses (2) An inspector may not enter a dwelling-house without the consent of the occupant. Stopping and detaining conveyances (3) For the purposes of this Act, an inspector may, at any reasonable time, direct that any of the following be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any of the following: (a) a Canadian vessel or Canadian aircraft in the Antarctic; or (b) any other conveyance in the Antarctic that is owned by a Canadian except a vessel or aircraft that is not a Canadian vessel or Canadian aircraft. Powers in relation to vessels, etc. (4) Subject to subsection (2), for the purposes of this Act, an inspector may, at any reasonable time, (a) board a Canadian vessel or Canadian aircraft in the Antarctic; or (b) travel on the vessel or aircraft. Powers of inspectors (5) In carrying out an inspection of a place under this section, an inspector may exercise any of the powers referred to in subsections 30(9), (11) and (12). Foreign ownership (6) An inspector may not exercise any powers under this section in respect of any station, installation, equipment, platform anchored at sea, shipping container or conveyance (other than a Canadian vessel or Canadian aircraft) that is owned by a person who is not a Canadian Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Inspections in the Antarctic Sections 46-47 unless the inspector first obtains the consent of the person in charge of the station, installation, equipment, platform, container or conveyance. Analysts (7) An analyst may, for the purposes of this Act, accompany an inspector who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the inspector, enter the place and exercise any of the powers referred to in subsection (5). Assistance (8) The owner of a place or a Canadian or permit holder in charge of a place being inspected under this section, and every Canadian or permit holder found in the place, shall (a) give the inspector or analyst all reasonable assistance to enable the inspector or analyst to carry out their functions under this Act; and (b) provide the inspector or analyst with any information with respect to the administration of this Act that he or she may reasonably require. Immunity 46.1 Inspectors are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 11. Production of documents and samples 47 (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any Canadian, or any permit holder, who is in Canada or the Antarctic, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in the Antarctic or any document; or (b) to conduct any tests in the Antarctic or take any measurements or samples there. Compliance (2) A person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 48-50 Obstruction and False Information Obstruction 48 No person in Canada, and no Canadian or permit holder in the Antarctic, shall obstruct an enforcement officer, inspector or analyst or hinder any of them in carrying out their functions under this Act. Knowingly providing false or misleading information, etc. 49 (1) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, knowingly (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. Negligently providing false or misleading information, etc. (2) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, negligently (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. 2003, c. 20, s. 49; 2009, c. 14, s. 12. Offence — persons 50 (1) Every person commits an offence who contravenes (a) section 11, subsection 12(1) or 13(1), section 14, 16, 17 or 20, subsection 37(4) or 37.06(1), section 48 or subsection 49(1); (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or (c) any order or direction made under this Act, including one made by a court. 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 December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Section 50 (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 five 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 one year, or to both. Penalty — other persons (3) Every person, other than an individual or a corporation 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 than $12,000,000; or and not more (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 corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation is liable, (a) on conviction on indictment, Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50-50.1 (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. 2003, c. 20, s. 50; 2009, c. 14, s. 12. Offence — persons 50.1 (1) Every person commits an offence who contravenes (a) any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50(1); or (b) any obligation arising from this Act, whose contravention is not an offence under subsection 50(1). 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 December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.1-50.2 Penalty — other persons (3) Every person, other than an individual or a corporation 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 corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation 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. 2009, c. 14, s. 12. Determination of small revenue corporation status 50.2 For the purpose of sections 50 and 50.1, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’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 Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.2-50.3 immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. 2009, c. 14, s. 12. Offence — vessels 50.3 (1) Every Canadian vessel or other vessel commits an offence that contravenes (a) subsection 9(1), section 11, subsection 13(1), any of sections 14 to 16, any of subsections 18(1) to (3) or section 20; (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or (c) any order or direction made under this Act, including one made by a court. Penalty — vessels of 7 500 tonnes deadweight or over (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over 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 — other vessels (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight 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 $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 Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.3-50.4 (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. 2009, c. 14, s. 12. Offences — vessels 50.4 (1) Every Canadian vessel or other vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50.3(1). Penalty — vessels of 7 500 tonnes deadweight or over (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over 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 — other vessels (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight 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 $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.4-50.7 (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. 2009, c. 14, s. 12. Deeming — second and subsequent offence 50.5 (1) For the purposes of subsections 50(2) to (4), 50.1(2) to (4), 50.3(2) and (3) and 50.4(2) and (3), 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 previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife conservation or protection — 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. 2009, c. 14, s. 12. Relief from minimum fine 50.6 The court may impose a fine that is less than the minimum amount provided for in section 50 or 50.3, as the case may be, if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those sections. 2009, c. 14, s. 12. Additional fine 50.7 If a person or a Canadian vessel or other vessel is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person — or, if the offender is a Canadian vessel or other vessel, the owner or operator of the vessel — acquired any property, benefit or advantage, the court shall 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 Act. 2009, c. 14, s. 12. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.8-50.91 Notice to shareholders 50.8 If a corporation that has shareholders is convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. 2009, c. 14, s. 12. Fundamental purpose of sentencing 50.9 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law protecting the Antarctic environment and dependent and associated ecosystems in light of the global significance of the Antarctic and the Treaty through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce unlawful conduct that damages or creates a risk of damage to the environment; and (c) to reinforce the “polluter pays” principle by ensuring that offenders are held responsible for effective clean-up and environmental restoration. 2009, c. 14, s. 12. Sentencing principles 50.91 (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 shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (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 offence caused damage or risk of damage to the Antarctic environment or any dependent and associated ecosystem; Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.91-50.92 (b) the damage caused by the offence is extensive, persistent or irreparable; (c) the offender committed the offence intentionally or recklessly; (d) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (e) 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; (f) the offender committed the offence despite having been warned by an enforcement officer or an inspector of the circumstances that subsequently became the subject of the offence; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and (h) 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 (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. Meaning of damage (4) For the purposes of paragraphs (2)(a) and (b), damage includes loss of use value and non-use value. Reasons (5) 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 shall give reasons for that decision. 2009, c. 14, s. 12. Proceedings against vessels 50.92 (1) The provisions of this Act and the Criminal Code relating to indictable or summary conviction Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 50.92-51 offences that apply to persons apply also to Canadian vessels and other vessels, with any modifications that the circumstances require. Direction binds vessel (2) For the purpose of prosecuting a Canadian vessel or any other vessel for contravening a direction made under subsection 30(8), section 37.01 or subsection 46(3), any direction made under any of those provisions that is given to the master or a crew member of the vessel binds the vessel as though it had been given to the vessel. Service (3) If a Canadian vessel or other vessel is charged with having committed an offence under this Act, the summons may be served by leaving it with the authorized representative, master or any officer of the vessel or by posting the summons on some conspicuous part of the vessel. Appearance at trial (4) If a Canadian vessel or other vessel is charged with having committed an offence under this Act, the vessel may appear by counsel or representative. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. 2009, c. 14, s. 12. Liability of directors, officers, etc., of corporations 51 (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation 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 Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Liability of directors and officers of corporate owners of vessels (2) If a Canadian vessel or other vessel commits an offence under this Act, every director or officer of a corporation that is an owner or an operator of the vessel who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual who commits an offence under subsection 50(1), whether or not the vessel has been prosecuted or convicted. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 51-53 Duties of directors and officers of corporations (3) Every director and officer of a corporation, including every director and officer of a corporation that is the owner or operator of a Canadian vessel or other vessel who is in a position to direct or influence the corporation’s policies or activities relating to conduct prohibited by this Act, shall take all reasonable care to ensure that the corporation or the vessel, as the case may be, complies with (a) this Act and the regulations; and (b) any orders and directions of, and prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. 2003, c. 20, s. 51; 2009, c. 14, s. 12. Liability of owners, operators, masters and chief engineers of vessels 52 (1) If a Canadian vessel or other vessel commits an offence under this Act and the owner, operator, master or chief engineer of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, operator, master or chief engineer, as the case may be, is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual who commits an offence under subsection 50(1), whether or not the vessel has been prosecuted or convicted. Duties of owners, operators, masters and chief engineers of vessels (2) The owner, operator, master and the chief engineer of a Canadian vessel or other vessel shall take all reasonable care to ensure that the vessel complies with (a) this Act and the regulations; and (b) any orders and directions of, and prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. 2003, c. 20, s. 52; 2009, c. 14, s. 12. Continuing offence 53 If an offence under this Act is committed or continued on more than one day, the person or Canadian vessel that committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 53.1-57 Offences involving more than one animal, plant, etc. 53.1 If an offence involves more than one animal or plant, or more than one native bird or native plant as defined in subsection 12(2), the fine to be imposed in respect of that offence may, despite sections 50, 50.1, 50.3 and 50.4, be the total of the fines that would have been imposed if each of the animals, plants, native birds or native plants had been the subject of a separate information. 2009, c. 14, s. 13. Identifying authorized representative, master, etc. 54 The authorized representative or master of a Canadian vessel or the registered owner or pilot in command of a Canadian aircraft may be charged with an offence under this Act as authorized representative, master, registered owner or pilot in command of the vessel or aircraft if it is adequately identified, and no such charge is invalid by reason only that it does not name the authorized representative, master, registered owner or pilot in command. Due diligence 55 (1) No person may 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. Exception (2) Subsection (1) does not apply to an offence relating to (a) a contravention of paragraph 12(1)(f) or (g); (b) a contravention of section 48; or (c) a contravention of section 49 committed knowingly. No proceedings without consent 56 No proceedings in respect of an offence under this Act may be instituted except by or with the consent of the Attorney General of Canada. Limitation period 57 No proceedings by way of summary conviction in respect of an offence under this Act 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. 2003, c. 20, s. 57; 2009, c. 14, s. 14. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 58-60 Documents admissible in evidence 58 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document. Attendance of analyst (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it. Notice (3) No document referred to in subsection (1) may 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 document. Injunction 59 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person or Canadian vessel in Canada, or a Canadian, Canadian vessel or permit holder in the Antarctic, has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person or vessel named in the application (a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of an offence under this Act; or (b) to do any act or thing that, in the opinion of the court, may prevent the commission of an offence under this Act. Notice (2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest. Proof of offence 60 (1) In any prosecution of an offence under this Act, 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 prosecuted for the offence. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 60-65 Proof of offence (2) In any prosecution of the master of a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a crew member or other person on board the vessel or aircraft, whether or not the crew member or other person is identified or prosecuted for the offence. 2003, c. 20, s. 60; 2009, c. 14, s. 15. 61 [Repealed, 2009, c. 14, s. 15] Importing substances by analysts 62 The Minister may, subject to any reasonable condition specified by the Minister, authorize in writing an analyst to import, possess and use a substance for the purpose of conducting measurements, tests and research with respect to the substance. 63 [Repealed, 2009, c. 14, s. 16] Absolute or conditional discharge 64 (1) If an offender has pleaded guilty to or been found guilty of an offence, the court may, instead of convicting the offender, by order direct that the offender be discharged absolutely or on conditions having any or all of the effects described in paragraphs 66(1)(a) to (n). Conditions of order (2) If an order is made under subsection (1) and the offender contravenes or fails to comply with it, or is convicted of an offence under this Act, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made. Suspended sentence 65 (1) If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order under section 66. Application by prosecutor (2) If the passing of sentence has been suspended under subsection (1) and the offender contravenes or fails to comply with an order made under section 66, or is convicted of an offence under this Act, the prosecutor may apply to the court to 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 December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Section 66 Orders of court 66 (1) If an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, 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 take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence; (c) directing the offender to carry out environmental effects monitoring in the manner established by the Minister or directing the offender to pay, in the manner prescribed by the court, an amount for the purposes of environmental effects monitoring; (c.1) directing the offender to implement an environmental management system that meets a recognized Canadian or international standard specified by the court; (c.2) directing the offender to pay Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation or protection of the Antarctic environment or dependent and associated ecosystems; (d) directing the offender to have an environmental 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; (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 directed 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; (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; Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Section 66 (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 the 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) [Repealed, 2009, c. 14, s. 17] (l) directing the offender to pay, in the manner prescribed by the court, an amount for the purposes of conducting research with respect to the Antarctic; (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 the environment; (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 Act; (o) requiring the offender to surrender to the Minister any permit issued to the person; and (p) prohibiting the offender from applying for any new permit 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 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)(c.2) or (i) directing a person 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 Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 66-67 right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under paragraph (1)(i) 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. Cancellation or suspension of permits (5) If the court makes an order under paragraph (1)(o), any permit to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (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 shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2003, c. 20, s. 66; 2009, c. 14, s. 17. Compensation for loss of property 66.1 (1) If an offender has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to that person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved 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. 2009, c. 14, s. 18. Variation of sanctions 67 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order or direction under section 64, 65 or 66, the court may, on application by the Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 67-68.2 offender or the Attorney General of Canada, require the offender to appear before it and, after hearing the offender and the Attorney General, vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made: (a) make changes in the order or the conditions specified in it or extend the time during which the order is to remain in force for any period, not exceeding one year, that the court considers desirable; or (b) decrease the time during which the order is to remain in force or relieve the offender, either absolutely or partially or for any period that the court considers desirable, of compliance with any condition that is specified in the order. Notice (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons. Subsequent applications with leave 68 If an application made under section 67 in respect of an offender has been heard by a court, no other application may be made under that section with respect to the offender except with leave of the court. Application of fines 68.1 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, 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. Recommendations of court (2) The court imposing the 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 specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 19. Publication of information about contraventions 68.2 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Obstruction and False Information Sections 68.2-69 information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2009, c. 14, s. 19. Contraventions Act 68.3 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention. 2009, c. 14, s. 19. Review 68.4 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 50 to 68.3. Report to Parliament (2) The Minister shall, 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. 2009, c. 14, s. 19. Disclosure of Information Purposes for which information may be disclosed 69 (1) Information obtained in the administration of this Act may be disclosed (a) as may be necessary for the purposes of the administration or enforcement of this Act; (b) in order to notify other Parties to the Protocol (i) of the number and nature of permits issued under this Act, including their conditions, (ii) of any environmental emergency that has been discovered in the Antarctic or of any information relevant to a potential environmental risk in the Antarctic, and (iii) of an emergency in the Antarctic referred to in section 19 and any activities undertaken in relation to that emergency by a Canadian or other person on a Canadian expedition, a Canadian vessel or a Canadian aircraft; Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Disclosure of Information Section 69 (c) in order to make publicly available annual reports on the steps taken by Canada to implement the Protocol, including administrative actions, enforcement measures and the preparation and implementation of emergency plans and waste management plans; (d) in order to make the following publicly available: (i) an initial environmental evaluation, (ii) any significant information obtained from procedures put in place to assess and verify the impact of an activity that has been the subject of an initial or comprehensive environmental evaluation, and any action taken in relation to that information, and (iii) a draft comprehensive environmental evaluation, any comments received on the draft, the final comprehensive environmental evaluation, notice of any decision relating to the final evaluation and any evaluation of the significance of the predicted impacts in relation to the proposed activity; (e) 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 an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, if (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and (ii) the government, international organization, institution or other minister undertakes to keep the information confidential; or (f) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, if the government or organization undertakes to keep the information confidential. Disclosure of personal information (2) Personal information as defined in section 3 of the Privacy Act may not be disclosed under subsection (1) unless (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure. Current to June 20, 2022 Last amended on December 12, 2017 Antarctic Environmental Protection Coming into Force Section 70 Coming into Force Order 70 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 December 1, 2003, see SI/2003-176.] Current to June 20, 2022 Last amended on December 12, 2017

CONSOLIDATION Atlantic Fisheries Restructuring Act R.S.C., 1985, c. A-14 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 authorize investment in and the provision of financial assistance to the Atlantic Fisheries for the purpose of restructuring fishery enterprises Short Title 1 Short title Interpretation 2 Definitions Purpose 3 Purpose Powers 4 Powers Contributions, Loans and Guarantees 5 Contributions and loans Guarantees Minister authorized to exercise specified powers Report 8 Annual report Current to June 20, 2022 Last amended on February 26, 2015 ii R.S.C., 1985, c. A-14 An Act to authorize investment in and the provision of financial assistance to the Atlantic Fisheries for the purpose of restructuring fishery enterprises Preamble WHEREAS a task force was established by the Government of Canada to study the Atlantic Fisheries with a view to recommending means of establishing and maintaining viable fishery enterprises on the Atlantic coast of Canada taking into account the economic and social development of the provinces concerned; AND WHEREAS the Government of Canada adopted the recommendations of the task force with respect to objectives of Atlantic Fisheries policy to the effect, in order of priority, first, that the Atlantic fishing industry be economically viable on an on-going basis, second, that employment in that industry be maximized subject to the constraint that those employed receive a reasonable income and third, to the extent that this objective is consistent with the first two objectives and with Canada’s international treaty obligations, that fish on the Atlantic coast of Canada be harvested and processed by Canadians; AND WHEREAS the Government of Canada, recognizing that the Atlantic fish stocks are a vital national resource but that the present condition of the fishing industry does not permit the fullest and most efficient utilization of that resource, is of the opinion that it is urgently required and in the public interest that fishery enterprises be restructured; AND WHEREAS representatives of the Government of Canada have held discussions with others with respect to the means by which such restructuring may be effected; Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Fisheries Restructuring Short Title Sections 1-2 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 Atlantic Fisheries Restructuring Act. 1980-81-82-83, c. 172, s. 1. Interpretation Definitions 2 In this Act, Atlantic Fisheries means all the activities relating to the harvesting, processing and marketing of fish in the Provinces of Quebec, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador and in the fishing zones of Canada, as defined pursuant to subsection 4(1) of the Territorial Sea and Fishing Zones Act, on the Atlantic coast of Canada; (secteur des pêches) control, in respect of a body corporate, means (a) control in any manner that results in control in fact, whether directly through the ownership of shares, stocks, equities or securities or indirectly through a trust, a contract, the ownership of shares, stocks, equities or securities of another body corporate or otherwise, or (b) the ability to appoint, elect or cause the appointment or election of a majority of the directors of the body corporate, whether or not that ability is exercised; (contrôle) fishery enterprise means any person that is engaged directly or indirectly in, or controls or is controlled by a person that is engaged directly or indirectly in, the Atlantic Fisheries; (entreprise) Minister means the Minister of Fisheries and Oceans; (ministre) person includes an individual, a body corporate, a partnership, an association, a trust, a cooperative and any trustee or legal representative thereof; (personne) restructuring, in respect of a fishery enterprise, includes the reorganization, refinancing, modernization, rationalization and expansion of the enterprise, and any similar Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Fisheries Restructuring Interpretation Sections 2-4 activity directed toward improving the economic performance of the enterprise. (restructuration) R.S., 1985, c. A-14, s. 2; 2015, c. 3, s. 172. Purpose Purpose 3 The purpose of this Act is to facilitate the development of viable Atlantic Fisheries that are competitive and privately-owned through the restructuring of fishery enterprises. 1980-81-82-83, c. 172, s. 3. Powers Powers 4 (1) To carry out the purpose of this Act, the Minister may, on behalf of Her Majesty, (a) acquire, hold or dispose of or otherwise deal with shares, debentures or other securities of, or any security interest in, any fishery enterprise; (b) pledge, hypothecate or charge any share, debenture or other security, or other security interest, acquired or held under paragraph (a); and (c) enter into any agreement or arrangement necessary or incidental to any activity referred to in paragraph (a) or (b). Disposal of interest (2) The Minister shall dispose of such portion of any interest in a fishery enterprise acquired under paragraph (1)(a) as is practicable after the enterprise becomes, in the opinion of the Minister, economically viable on a continuing basis. Public interest (3) Any agreement or arrangement to which Her Majesty becomes a party, or any other action taken, pursuant to this section shall be deemed to be in the interest of the public. 1980-81-82-83, c. 172, s. 4. Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Fisheries Restructuring Contributions, Loans and Guarantees Sections 5-8 Contributions, Loans and Guarantees Contributions and loans 5 To carry out the purpose of this Act, the Minister may, on such terms and conditions as the Minister specifies, make a contribution or loan to a fishery enterprise. 1980-81-82-83, c. 172, s. 5. Guarantees 6 (1) To carry out the purpose of this Act, the Minister may, with the approval of the Governor in Council on the recommendation of the Minister of Finance, on such terms and conditions as the Minister specifies, guarantee the repayment of any portion of the principal and interest owing on any loan made to a fishery enterprise. Limitation on loans guaranteed (2) The aggregate amount of guarantees given under this section that are outstanding at any one time shall not exceed one hundred million dollars. 1980-81-82-83, c. 172, s. 6. Minister authorized to exercise specified powers 7 The Governor in Council may by order authorize any minister of the Crown, other than the Minister of Fisheries and Oceans, to exercise in respect of such fishery enterprise as is specified in the order such powers referred to in this Act as are specified in the order. 1980-81-82-83, c. 172, s. 7. Report Annual report 8 (1) The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after the first day of June next following the end of each fiscal year, a report with respect to the administration of this Act in that fiscal year. Content of annual report (2) In preparing the annual report required by this section, the Minister shall take into account any recommendations made by any committee of the House of Commons established or designated to consider matters related to fisheries. 1980-81-82-83, c. 172, s. 9. Current to June 20, 2022 Last amended on February 26, 2015

CONSOLIDATION Avoiding Complicity in Mistreatment by Foreign Entities Act S.C. 2019, c. 13, s. 49.1 NOTE [Enacted by section 49.1 of chapter 13 of the Statutes of Canada, 2019, in force July 13, 2019, see SI/2019-71.] Current to June 20, 2022 Last amended on July 13, 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 13, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 13, 2019 TABLE OF PROVISIONS An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity Short Title 1 Short title Definitions 2 Definitions Directions 3 Authority to issue Amendments to schedule Deputy Heads 5 Directions to be made available to public Copy to be provided Report Appropriate Ministers 8 Obligation to provide copy SCHEDULE Deputy Heads to Whom Directions Have Been Issued Current to June 20, 2022 Last amended on July 13, 2019 ii S.C. 2019, c. 13, s. 49.1 An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity [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 Parliament recognizes that information needs to be disclosed, requested or used in order to enable the Government to fulfill that responsibility; Whereas that responsibility must be fulfilled 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 Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Whereas torture is an offence under the Criminal Code, which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture; Current to June 20, 2022 Last amended on July 13, 2019 Avoiding Complicity in Mistreatment by Foreign Entities Act Short Title Sections 1-2 And whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms; 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 Avoiding Complicity in Mistreatment by Foreign Entities Act. Definitions 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; (d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or (e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent) department means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration 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) Current to June 20, 2022 Last amended on July 13, 2019 Avoiding Complicity in Mistreatment by Foreign Entities Act Definitions Sections 2-3 deputy head means (a) with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department; (b) with respect to the Canadian Forces, the Chief of the Defence Staff; (c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police; (d) with respect to the Canadian Security Intelligence Service, the Director; (e) with respect to the Canada Border Services Agency, the President; (f) with respect to the Communications Security Establishment, the Chief; and (g) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act. (administrateur général) mistreatment means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements) review body [Repealed, 2019, c. 13, s. 49.2] 2019, c. 13, s. 49.1 “2”; 2019, c. 13, s. 49.2. Directions Authority to issue 3 (1) The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of (a) the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual; (b) the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and (c) the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity. Current to June 20, 2022 Last amended on July 13, 2019 Avoiding Complicity in Mistreatment by Foreign Entities Act Directions Sections 3-6 Obligation to issue (2) The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads: (a) the Chief of the Defence Staff; (b) the Deputy Minister of National Defence; (c) the Deputy Minister of Foreign Affairs; (d) the Commissioner of the Royal Canadian Mounted Police; (e) the Director of the Canadian Security Intelligence Service; (f) the President of the Canada Border Services Agency; and (g) the Chief of the Communications Security Establishment. Directions not statutory instruments (3) Directions are not statutory instruments within the meaning of the Statutory Instruments Act. Amendments to schedule 4 The Governor in Council may, by order, amend the schedule to add a reference to each deputy head to whom directions have been issued under section 3 or to delete any such reference if the directions that were issued to the deputy head have been repealed or if the deputy head’s position has ceased to exist or has changed name. Deputy Heads Directions to be made available to public 5 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, make them available to the public. Copy to be provided 6 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. 2019, c. 13, s. 49.1 “6”; 2019, c. 13, s. 49.2. Current to June 20, 2022 Last amended on July 13, 2019 Avoiding Complicity in Mistreatment by Foreign Entities Act Deputy Heads Sections 7-8 Report 7 (1) Every deputy head to whom directions have been issued under section 3 must, before March 1 of each year, submit to the appropriate Minister a report in respect of the implementation of those directions during the previous calendar year. Version available to the public (2) Every deputy head must, as soon as feasible after submitting a report under subsection (1), make a version of it available to the public that does not contain information (a) the disclosure of which would be injurious to national security, national defence or international relations or compromise an ongoing operation or investigation; or (b) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. Appropriate Ministers Obligation to provide copy 8 (1) As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. Restriction (2) The copy must not contain any information that the Committee, the Agency or the Commission is not entitled to receive. 2019, c. 13, s. 49.1 “8”; 2019, c. 13, s. 49.2. Current to June 20, 2022 Last amended on July 13, 2019 Avoiding Complicity in Mistreatment by Foreign Entities Act SCHEDULE Deputy Heads to Whom Directions Have Been Issued SCHEDULE (Section 4) Deputy Heads to Whom Directions Have Been Issued Current to June 20, 2022 Last amended on July 13, 2019

CONSOLIDATION Air Canada Public Participation Act R.S.C. 1985, c. 35 (4th Supp.) NOTE [1988, c. 44, assented to 18th August, 1988] Current to June 20, 2022 Last amended on June 27, 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 June 27, 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 June 27, 2018 TABLE OF PROVISIONS An Act to provide for the continuance of Air Canada under the Canada Business Corporations Act and for the issuance and sale of shares thereof to the public Short Title 1 Short title Interpretation and Application 2 Definitions Binding on the Crown Transfer of Shares to Minister 4 Transfer of Air Canada shares Continuance 5 Submission of draft application Mandatory provisions in articles of continuance Restriction on amendment Share Transactions 8 Dealing with shares, etc., by Minister General 9 Name Official Languages Act 10.1 Deemed approval Transitional, Consequential, Repeal and Coming into Force Provisions Transitional 11 Continuation in office Qualification of shares Consequential Amendments Repeal 14 Repeal of R.S., c. A-10. Current to June 20, 2022 Last amended on June 27, 2018 ii Air Canada Public Participation TABLE OF PROVISIONS Coming into Force *15 Coming into force SCHEDULE Current to June 20, 2022 Last amended on June 27, 2018 iv R.S.C. 1985, c. 35 (4th Supp.) An Act to provide for the continuance of Air Canada under the Canada Business Corporations Act and for the issuance and sale of shares thereof to the public Short Title Short title 1 This Act may be cited as the Air Canada Public Participation Act. Interpretation and Application Definitions 2 (1) In this Act, Corporation means Air Canada, a corporation continued by the Air Canada Act; (Société) Minister means the President of the Queen’s Privy Council or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act. (ministre) 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. 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 Corporation. R.S., 1985, c. 35 (4th Supp.), s. 2; 1994, c. 24, s. 34(F); 1996, c. 10, s. 206. Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation Interpretation and Application Sections 2-6 Binding on the Crown 3 This Act is binding on Her Majesty in right of Canada or a province. Transfer of Shares to Minister Transfer of Air Canada shares 4 (1) Notwithstanding subsection 13(3) of the Air Canada Act, the shares of the Corporation held by the Minister of Transport in trust for Her Majesty in right of Canada are hereby transferred to the Minister, who is hereby authorized to acquire the shares. Registration and holding of shares (2) The shares transferred to the Minister pursuant to subsection (1) shall be registered in the books of the Corporation in the name of the Minister and shall be held by the Minister in trust for Her Majesty in right of Canada. Continuance Submission of draft application 5 (1) The Corporation shall submit an application for a certificate of continuance of the Corporation 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), the Corporation 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. R.S., 1985, c. 35 (4th Supp.), s. 5; 1994, c. 24, s. 34(F). Mandatory provisions in articles of continuance 6 (1) The articles of continuance of the Corporation shall contain (a) [Repealed, 2001, c. 35, s. 1] (b) and (c) [Repealed, 2018, c. 10, s. 90] Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation Continuance Sections 6-8 (d) provisions requiring the Corporation to carry out or cause to be carried out aircraft maintenance activities, including maintenance of any type relating to airframes, engines, components, equipment or parts, in Ontario, Quebec and Manitoba; and (e) provisions specifying that the head office of the Corporation is to be situated in the Montreal Urban Community. (2) and (3) [Repealed, 2018, c. 10, s. 90] Maintenance activities (4) For the purpose of carrying out or causing to be carried out the aircraft maintenance activities referred to in paragraph (1)(d) in Ontario, Quebec and Manitoba, the Corporation may, while not eliminating those activities in any of those provinces, change the type or volume of any or all of those activities in each of those provinces, as well as the level of employment in any or all of those activities. (5) [Repealed, 2001, c. 35, s. 1] Definition of aircraft (6) In this section, aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act. (6.1) and (7) [Repealed, 2018, c. 10, s. 90] R.S., 1985, c. 35 (4th Supp.), s. 6; 1993, c. 34, s. 3; 1994, c. 24, s. 34(F), c. 47, s. 220; 2000, c. 15, s. 17; 2001, c. 35, s. 1; 2016, c. 8, s. 1; 2018, c. 10, s. 90. Restriction on amendment 7 The Corporation and its shareholders and directors shall not (a) apply for continuance of the Corporation in another jurisdiction; or (b) make any articles or by-laws that are inconsistent with the provisions included in its articles of continuance pursuant to subsection 6(1). Share Transactions Dealing with shares, etc., by Minister 8 (1) The Minister is hereby authorized to (a) acquire, hold, dispose of and otherwise deal with shares or debt obligations of, or any security interest in, the Corporation; and (b) enter into any agreement or arrangement necessary or incidental to any activity referred to in paragraph (a). Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation Share Transactions Sections 8-10 Issue and disposal of shares by Corporation (2) The Corporation is hereby authorized to issue and sell or otherwise dispose of shares of the Corporation. General Name 9 Notwithstanding subsection 10(1) of the Canada Business Corporations Act, the Corporation may continue to use and be legally designated by the name “Air Canada” on and after the day on which it becomes a corporation to which that Act applies. R.S., 1985, c. 35 (4th Supp.), s. 9; 1994, c. 24, s. 34(F). Official Languages Act 10 (1) The Official Languages Act applies to the Corporation. Duty re subsidiaries (2) Subject to subsection (5), if air services, including incidental services, are provided or made available by a subsidiary of the Corporation, the Corporation has the duty to ensure that any of the subsidiary’s customers can communicate with the subsidiary in respect of those services, and obtain those services from the subsidiary, in either official language in any case where those services, if provided by the Corporation, would be required under Part IV of the Official Languages Act to be provided in either official language. Subsidiary body corporate (3) For the purposes of this section, a body corporate is a subsidiary of the Corporation if (a) it is controlled by (i) the Corporation, (ii) the Corporation and one or more bodies corporate each of which is controlled by the Corporation, or (iii) two or more bodies corporate each of which is controlled by the Corporation; or (b) it is a subsidiary of a body corporate that is a subsidiary of the Corporation. Control (4) For the purposes of subsection (3), a body corporate is controlled by another body corporate if (a) securities of the body corporate to which are attached more than 50% of the votes that may be cast to Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation General Section 10 elect directors of the body corporate are held, other than by way of security only, by or for the benefit of the other body corporate; and (b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate. Application of subsection (2) * (5) Subsection (2) applies (a) in respect of air services, including incidental services, provided or made available by a subsidiary of the Corporation at a facility or office in Manitoba, British Columbia, Saskatchewan, Alberta, the Yukon Territory, the Northwest Territories or Nunavut or on a route wholly within those provinces, one year after that subsection comes into force if it had been a subsidiary of the Corporation on that coming into force; and (b) in respect of a person that becomes a subsidiary of the Corporation only after that subsection comes into force, or in respect of Canadian Airlines International Ltd. or Canadian Regional Airlines Ltd. if that airline becomes a subsidiary of the Corporation before that subsection comes into force, three years after the person or airline becomes a subsidiary. * [Note: Subsection 10(2) in force July 5, 2000, see SI/2000-59.] Extension (6) The Governor in Council may, by order made on the recommendation of the Minister of Transport, increase the three years referred to in paragraph (5)(b) to a maximum of four years in respect of a route served, or an office or facility from which service is provided, by a subsidiary. Duties of replacements (7) If Canadian Airlines International Ltd., Canadian Regional Airlines Ltd. or a subsidiary of the Corporation replaces the Corporation or one of its subsidiaries in providing an air service, including incidental services, that the Corporation or the subsidiary provided on or after December 21, 1999, the Corporation has the duty to ensure that any of the customers of the person who replaces the Corporation or the subsidiary can communicate with that person in respect of those services, and obtain those services from that person, in either official language in any case where those services, if provided by the Corporation or the subsidiary, would be required under Part IV of the Official Languages Act or under subsection (2) to be provided in either official language. Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation General Section 10 For greater certainty (8) For greater certainty, subsections (2) and (7) do not affect any duty that the Corporation may have under section 25 of the Official Languages Act. Deemed duty (9) For the purposes of Parts VIII, IX and X of the Official Languages Act, the duties referred to in subsections (2) and (7) are deemed to be duties under Part IV of that Act. Definitions (10) The definitions in this subsection apply in this section. air service has the same meaning as in subsection 55(1) of the Canada Transportation Act. (service aérien) customer means, in respect of a subsidiary referred to in subsection (2) or (7), a passenger, shipper or consignee using or intending to use an air service, including incidental services, provided or made available by that subsidiary. (client) incidental services include, in respect of a subsidiary referred to in subsection (2) or (7), (a) ticketing and reservation services; (b) information, including notices and announcements, that it publishes or causes to be published to inform its customers in respect of its routes or tariffs; (c) services provided or made available to customers at an airport, including the control of passengers embarking and disembarking aircraft, announcements directed at customers and counter services; and (d) services related to baggage or freight claims and client relations. (services connexes) route means, in respect of a subsidiary of the Corporation, a route on which the subsidiary provides a two-way air service between the starting and finishing points of that service by a single conveyance, with or without intermediate stops. (trajet) shipper has the same meaning as in section 6 of the Canada Transportation Act. (expéditeur) R.S., 1985, c. 35 (4th Supp.), s. 10; 2000, c. 15, s. 18. Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation General Section 10.1 Deemed approval 10.1 (1) The proposed acquisition described in a letter dated December 21, 1999 from 853350 Alberta Ltd. and Air Canada to the Minister of Transport is deemed to be a transaction that has been approved by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act on the day on which that subsection comes into force. Deemed terms and conditions (2) The undertakings provided by 853350 Alberta Ltd. and Air Canada to the Minister of Transport in the letter referred to in subsection (1) are deemed to be terms and conditions specified in an approval by the Governor in Council under subsection 53.2(7) of the Canada Transportation Act that relate to national transportation concerns, and the undertakings provided by 853350 Alberta Ltd. and Air Canada to the Commissioner of Competition that are set out in Annex A to a letter from the Commissioner dated December 21, 1999 in respect of the acquisition referred to in that subsection are deemed to be terms and conditions of an approval under subsection 53.2(7) of the Canada Transportation Act that relate to potential prevention or lessening of competition. Deemed affiliates (3) For the purposes of sections 45 and 61 of the Competition Act, Canadian Airlines Corporation, Canadian Airlines International Ltd. and Canadian Regional Airlines Ltd. are deemed to be affiliates of Air Canada in respect of any thing they do after December 21, 1999 and before the earlier of the coming into force of this subsection and the day on which the undertakings referred to in subsection (2) cease to have effect. If undertakings cease to have effect (4) The Governor in Council may, by order, declare that 853350 Alberta Ltd. and Air Canada are not subject to the terms and conditions referred to in subsection (2) if the undertakings cease to have effect and are not revived in the circumstances described in (a) the paragraph entitled “Effective Date” in the letter referred to in subsection (1); and (b) undertaking #15, set out in Annex A referred to in subsection (2). Revocation of deemed approval (5) If the Governor in Council makes an order under subsection (4), the deemed approval under subsection (1) is revoked and any certification under paragraph 94(c) of Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation General Sections 10.1-12 the Competition Act in respect of the acquisition referred to in that paragraph ceases to have effect. 2000, c. 15, s. 19; 2007, c. 19, s. 59. Transitional, Consequential, Repeal and Coming into Force Provisions Transitional Continuation in office 11 (1) Subject to subsection (2), the members of the Board of Directors of the Corporation who were appointed pursuant to the Air Canada Act and held office immediately prior to the day on which the Corporation becomes a corporation to which the Canada Business Corporations Act applies continue to hold office according to the terms of their appointment. Directors cease to hold office (2) The members of the Board of Directors of the Corporation cease to hold office at the close of the first annual meeting of shareholders of the Corporation held after the issuance date, which meeting shall be held not later than six months following the end of the Corporation’s financial year in which that date falls. No right to compensation (3) 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, or for the abolition of that office by, this Act. Definition of issuance date (4) In this section and section 12, issuance date means the date on which shares of the Corporation are first issued after the coming into force of those sections to any person, other than the Minister. R.S., 1985, c. 35 (4th Supp.), s. 11; 1994, c. 24, s. 34(F). Qualification of shares 12 (1) For the purpose of qualifying the shares of the Corporation (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, Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation Transitional, Consequential, Repeal and Coming into Force Provisions Transitional Sections 12-14 (b) as a permitted investment under paragraph 1(n) 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, the Corporation is deemed to have satisfied the requirements of those paragraphs with respect to each of the five years immediately preceding the issuance date. Qualification of debt obligations (2) For the purpose of qualifying the bonds, debentures or other evidences of indebtedness of the Corporation (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, (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, the Corporation is deemed to have satisfied the requirements of the paragraphs referred to in subsection (1) with respect to each of the five years immediately preceding the issuance date. Consequential Amendments 13 [Amendments] Repeal Repeal of R.S., c. A-10. 14 (1) The Air Canada Act is repealed on the day on which the Corporation 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 the Corporation, but the Director shall, on issuing the certificate of continuance of the Corporation, Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation Transitional, Consequential, Repeal and Coming into Force Provisions Repeal Sections 14-15 cause a notice to be published in the Canada Gazette setting out the date on which the certificate was issued and on which the Air Canada Act was repealed. R.S., 1985, c. 35 (4th Supp.), s. 14; 1994, c. 24, s. 34(F). Coming into Force Coming into force 15 Section 13 shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Section 13 in force October 12, 1988, see SI/88-201.] Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation SCHEDULE SCHEDULE [Amendments] Current to June 20, 2022 Last amended on June 27, 2018 Air Canada Public Participation RELATED PROVISIONS RELATED PROVISIONS — 2016, c. 8, s. 2 Articles 2 (1) Despite sections 173 to 176 of the Canada Business Corporations Act, the Corporation’s directors may amend its articles in accordance with the amendments set out in this Act. Articles of amendment (2) When the directors amend the articles under subsection (1), they shall send the articles of amendment to the Director in accordance with section 177 of the Canada Business Corporations Act. Definitions (3) The following definitions apply in this section. Corporation has the same meaning as in subsection 2(1) of the Air Canada Public Participation Act. (Société) Director has the same meaning as in subsection 2(1) the Canada Business Corporations Act. (directeur) Current to June 20, 2022 Last amended on June 27, 2018

CONSOLIDATION Assisted Human Reproduction Act S.C. 2004, c. 2 Current to June 20, 2022 Last amended on June 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 June 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 June 9, 2020 TABLE OF PROVISIONS An Act respecting assisted human reproduction and related research Short Title 1 Short title Principles 2 Declaration Interpretation and Application 3 Definitions Her Majesty bound 4.1 Non-application 4.2 Non-application Prohibited Activities 5 Prohibited procedures Payment for surrogacy Purchase of gametes Use of reproductive material without consent Gametes obtained from minor Purpose Reimbursement of expenditures Responsibility of Minister 20 Assisted human reproduction policy Administration and Enforcement 44 Taking measures Definitions Designation of inspectors Entry by inspectors Warrant to enter dwelling-house Obstruction and false statements Seizure by inspector Application for restoration Current to June 20, 2022 Last amended on June 9, 2020 ii Assisted Human Reproduction TABLE OF PROVISIONS Forfeiture Search and seizure under warrant Maintaining viable gametes and embryos Designation of analysts Analysis and examination Certificate of analyst Agreements for enforcement Offences 60 Offence and punishment Offence and punishment Court orders Consent of Attorney General Notice to interested authorities Regulations 65 Regulations of Governor in Council Proposed regulations to be laid before Parliament Exceptions Consequential Amendments Access to Information Act Financial Administration Act Privacy Act Public Service Superannuation Act Coming into Force *78 Order of Governor in Council Current to June 20, 2022 Last amended on June 9, 2020 iv S.C. 2004, c. 2 An Act respecting assisted reproduction and related research human [Assented to 29th March 2004] 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 Assisted Human Reproduction Act. Principles Declaration 2 The Parliament of Canada recognizes and declares that (a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use; (b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research; (c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies; Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Principles Sections 2-3 (d) the principle of free and informed consent must be promoted and applied as a fundamental condition of the use of human reproductive technologies; (e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status; (f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and (g) human individuality and diversity, and the integrity of the human genome, must be preserved and protected. Interpretation and Application Definitions 3 The following definitions apply in this Act. Agency [Repealed, 2012, c. 19, s. 713] assisted reproduction procedure [Repealed, 2012, c. 19, s. 713] chimera means (a) an embryo into which a cell of any non-human life form has been introduced; or (b) an embryo that consists of cells of more than one embryo, foetus or human being. (chimère) consent [Repealed, 2012, c. 19, s. 713] controlled activity [Repealed, 2012, c. 19, s. 713] donor means (a) in relation to human reproductive material, the individual from whose body it was obtained, whether for consideration or not; and (b) in relation to an in vitro embryo, a donor as defined in the regulations. (donneur) embryo means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Interpretation and Application Section 3 such an organism that is used for the purpose of creating a human being. (embryon) foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation, excluding any time during which its development has been suspended, and ending at birth. (fœtus) gene includes a nucleotide sequence, and an artificially created gene or nucleotide sequence. (gène) genome means the totality of the deoxyribonucleic acid sequence of a particular cell. (génome) health reporting information [Repealed, 2012, c. 19, s. 713] human clone means an embryo that, as a result of the manipulation of human reproductive material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single — living or deceased — human being, foetus or embryo. (clone humain) human reproductive material means a sperm, ovum or other human cell or a human gene, and includes a part of any of them. (matériel reproductif humain) hybrid means (a) a human ovum that has been fertilized by a sperm of a non-human life form; (b) an ovum of a non-human life form that has been fertilized by a human sperm; (c) a human ovum into which the nucleus of a cell of a non-human life form has been introduced; (d) an ovum of a non-human life form into which the nucleus of a human cell has been introduced; or (e) a human ovum or an ovum of a non-human life form that otherwise contains haploid sets of chromosomes from both a human being and a non-human life form. (hybride) in vitro embryo means an embryo that exists outside the body of a human being. (embryon in vitro) licence [Repealed, 2012, c. 19, s. 713] Minister means the Minister of Health. (ministre) ovum means a human ovum, whether mature or not. (ovule) Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Interpretation and Application Sections 3-5 sperm means a human sperm, whether mature or not. (spermatozoïde) surrogate mother means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. (mère porteuse) 2004, c. 2, s. 3; 2012, c. 19, s. 713. Her Majesty bound 4 This Act is binding on Her Majesty in right of Canada or a province. Non-application 4.1 The Human Pathogens and Toxins Act does not apply in respect of sperm, ova and in vitro embryos to be used for the purpose of assisted human reproduction. 2012, c. 19, s. 714. Non-application 4.2 The Food and Drugs Act does not apply in respect of sperm and ova to be used for the purpose of assisted human reproduction. 2012, c. 19, s. 715. Prohibited Activities Prohibited procedures 5 (1) No person shall knowingly (a) create a human clone by using any technique, or transplant a human clone into a human being or into any non-human life form or artificial device; (b) create an in vitro embryo for any purpose other than creating a human being or improving or providing instruction in assisted reproduction procedures; (c) for the purpose of creating a human being, create an embryo from a cell or part of a cell taken from an embryo or foetus or transplant an embryo so created into a human being; (d) maintain an embryo outside the body of a female person after the fourteenth day of its development following fertilization or creation, excluding any time during which its development has been suspended; (e) for the purpose of creating a human being, perform any procedure or provide, prescribe or Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Prohibited Activities Sections 5-6 administer any thing that would ensure or increase the probability that an embryo will be of a particular sex, or that would identify the sex of an in vitro embryo, except to prevent, diagnose or treat a sex-linked disorder or disease; (f) alter the genome of a cell of a human being or in vitro embryo such that the alteration is capable of being transmitted to descendants; (g) transplant a sperm, ovum, embryo or foetus of a non-human life form into a human being; (h) for the purpose of creating a human being, make use of any human reproductive material or an in vitro embryo that is or was transplanted into a non-human life form; (i) create a chimera, or transplant a chimera into either a human being or a non-human life form; or (j) create a hybrid for the purpose of reproduction, or transplant a hybrid into either a human being or a non-human life form. Offers (2) No person shall offer to do, or advertise the doing of, anything prohibited by this section. Payment for prohibited act (3) No person shall pay or offer to pay consideration to any person for doing anything prohibited by this section. Payment for surrogacy 6 (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid. Acting as intermediary (2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services. Payment to intermediaries (3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Prohibited Activities Sections 6-8 Surrogate mother — minimum age (4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age. Validity of agreement (5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother. Purchase of gametes 7 (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor. Purchase or sale of embryos (2) No person shall (a) purchase, offer to purchase or advertise for the purchase of an in vitro embryo; or (b) sell, offer for sale or advertise for sale an in vitro embryo. Purchase of other reproductive material (3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose. Exchanges included (4) In this section, “purchase” or “sell” includes to acquire or dispose of in exchange for property or services. Use of reproductive material without consent 8 (1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its use for that purpose. Posthumous use without consent (2) No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Prohibited Activities Sections 8-10 Use of in vitro embryo without consent (3) No person shall make use of an in vitro embryo for any purpose unless the donor has given written consent, in accordance with the regulations, to its use for that purpose. Gametes obtained from minor 9 No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor. Purpose 10 (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease. Distribution, etc. of gametes (2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction: (a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor; (b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or (c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother. Exception (3) Subsection (2) does not apply if (a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and (b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Prohibited Activities Sections 10-12 Testing, etc. in respect of gametes (4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction: (a) sperm described in paragraph (2)(a); (b) an ovum described in paragraph (2)(b); or (c) an ovum described in paragraph (2)(c). Definition of common-law partner (5) In this section, common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year. 2004, c. 2, s. 10; 2012, c. 19, ss. 716, 717. 11 [Repealed, 2012, c. 19, s. 718] Reimbursement of expenditures 12 (1) No person shall, except in accordance with the regulations, (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum; (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy. Receipts (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure. No reimbursement (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and (b) the reimbursement is made in accordance with the regulations. 2004, c. 2, s. 12; 2012, c. 19, s. 719. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Prohibited Activities Sections 13-33 13 [Repealed, 2012, c. 19, s. 720] 14 [Repealed before coming into force, 2012, c. 19, s. 720] 15 [Repealed before coming into force, 2012, c. 19, s. 720] 16 [Repealed before coming into force, 2012, c. 19, s. 720] 17 [Repealed before coming into force, 2012, c. 19, s. 720] 18 [Repealed before coming into force, 2012, c. 19, s. 720] 19 [Repealed before coming into force, 2012, c. 19, s. 720] Responsibility of Minister Assisted human reproduction policy 20 (1) The Minister is responsible for the policy of the Government of Canada respecting assisted human reproduction and any other matter that, in the opinion of the Minister, relates to the subject-matter of this Act. (2) [Repealed, 2012, c. 19, s. 721] 2004, c. 2, s. 20; 2012, c. 19, s. 721. 21 [Repealed, 2012, c. 19, s. 722] 22 [Repealed, 2012, c. 19, s. 722] 23 [Repealed, 2012, c. 19, s. 722] 24 [Repealed, 2012, c. 19, s. 722] 25 [Repealed, 2012, c. 19, s. 722] 26 [Repealed, 2012, c. 19, s. 722] 27 [Repealed, 2012, c. 19, s. 722] 28 [Repealed, 2012, c. 19, s. 722] 29 [Repealed, 2012, c. 19, s. 722] 30 [Repealed, 2012, c. 19, s. 722] 31 [Repealed, 2012, c. 19, s. 722] 32 [Repealed, 2012, c. 19, s. 722] 33 [Repealed, 2012, c. 19, s. 722] Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Responsibility of Minister Sections 34-44 34 [Repealed, 2012, c. 19, s. 722] 35 [Repealed, 2012, c. 19, s. 722] 36 [Repealed, 2012, c. 19, s. 722] 37 [Repealed, 2012, c. 19, s. 722] 38 [Repealed, 2012, c. 19, s. 722] 39 [Repealed, 2012, c. 19, s. 722] Administration and Enforcement 40 [Repealed before coming into force, 2012, c. 19, s. 724] 41 [Repealed before coming into force, 2012, c. 19, s. 724] 42 [Repealed before coming into force, 2012, c. 19, s. 724] 43 [Repealed before coming into force, 2012, c. 19, s. 724] Taking measures 44 (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention. (2) and (3) [Repealed, 2012, c. 19, s. 725] Personal liability (4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith. Exception (5) Subsection (4) does not apply to a person who has committed a contravention of this Act. Statutory Instruments Act (6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act. 2004, c. 2, s. 44; 2012, c. 19, s. 725. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 45-47 Definitions 45 The following definitions apply in sections 47 to 62 and 65. information means information that is recorded in any form. (document) material means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. (matériel) Designation of inspectors 46 (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act. Certificates to be produced (2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance. 2004, c. 2, s. 46; 2012, c. 19, s. 727. Entry by inspectors 47 (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing noncompliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies. Inspection (2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1), (a) examine any material or information that is relevant to that purpose; (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information; (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information; (d) take, or require any person in the place or conveyance to produce, a sample of such material; and Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 47-48 (e) conduct any test or analysis or take any measurement of such material. Examination of information (3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1), (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose; (b) require any person to produce such books, documents or other records for examination or copying; (c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system; (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and (e) use or cause to be used any copying equipment. Assistance and information to inspector (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require. 2004, c. 2, s. 47; 2012, c. 19, s. 728. Warrant to enter dwelling-house 48 (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 48-51 subject to any conditions that may be specified in the warrant. Use of force (3) In executing a warrant issued under subsection (2), the inspector named in it 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. 2004, c. 2, s. 48; 2012, c. 19, s. 729. Obstruction and false statements 49 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties under this Act. Interference (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with material or information seized under this Act. Seizure by inspector 50 (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened. Storage and removal (2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place. Application for restoration 51 (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so. Order of restoration (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that (a) the applicant is entitled to possession of it; and (b) it will not be required as evidence in any proceedings under this Act. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 51-53 Order of later restoration (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or (b) on the final conclusion of proceedings under this Act. Exception (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2). 2004, c. 2, s. 51; 2012, c. 19, s. 730. Forfeiture 52 (1) If no application is made under subsection 51(1) for the restoration of seized material or information 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 material or information is forfeited to Her Majesty. Forfeiture with consent (2) Where an inspector has seized material or information and the owner or the person in whose possession it was at the time of the seizure consents in writing to its forfeiture, the material or information is forfeited to Her Majesty. Disposal (3) Subject to section 54, an inspector may dispose of material or information forfeited to Her Majesty in any manner that the designated officer, as defined in the regulations, directs. 2004, c. 2, s. 52; 2012, c. 19, s. 731. Search and seizure under warrant 53 (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act. Where warrant not necessary (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 54-57 Maintaining viable gametes and embryos 54 The designated officer, as defined in the regulations, shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code. Any further measures shall be consistent with the consent of the donor or, if the consent cannot be obtained, shall be in accordance with the regulations. 2004, c. 2, s. 54; 2012, c. 19, s. 732. Designation of analysts 55 The Minister may designate any person as an analyst for the purpose of the administration and enforcement of this Act. 2004, c. 2, s. 55; 2012, c. 19, s. 732. Analysis and examination 56 (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized by the inspector. Certificate or report (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination. Certificate of analyst 57 (1) Subject to subsections (2) and (3), in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst, stating that any material or information has been analysed or examined by the analyst and stating the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The 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 purpose of cross-examination. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence under subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Administration and Enforcement Sections 58-62 Agreements for enforcement 58 The Minister may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the administration and enforcement of this Act. 2004, c. 2, s. 58; 2012, c. 19, s. 733. 59 [Repealed before coming into force, 2012, c. 19, s. 733] Offences Offence and punishment 60 A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both. 2004, c. 2, s. 60; 2012, c. 19, s. 734. Offence and punishment 61 A person who contravenes any provision of this Act — other than any of sections 5 to 7 and 9 — or of the regulations or an order made under subsection 44(1) is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. 2004, c. 2, s. 61; 2012, c. 19, s. 735. Court orders 62 A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may (a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or (b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court’s opinion, may lead to the commission of an offence under this Act. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Offences Sections 63-65 Consent of Attorney General 63 A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada. Notice to interested authorities 64 The Minister may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct. 2004, c. 2, s. 64; 2012, c. 19, s. 736. Regulations Regulations of Governor in Council 65 (1) 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) defining donor, in relation to an in vitro embryo; (b) for the purposes of section 8, respecting the giving of consent for the use of human reproductive material or an in vitro embryo or for the removal of human reproductive material; (c) respecting the tests to be conducted in respect of sperm and ova described in any of paragraphs 10(2)(a) to (c), and the obtaining, preparation, preservation, quarantining, identification, labelling and storage of, and the assessment of the quality of, the sperm and ova; (d) respecting the testing and screening of, and the assessment of the suitability of, donors described in paragraph 10(3)(b); (d.1) respecting the disposition of sperm and ova described in any of paragraphs 10(2)(a) to (c); (d.2) respecting the tracing of sperm and ova described in any of paragraphs 10(2)(a) to (c), including regulations that require (i) measures to be taken to identify persons who have distributed, made use of or imported the sperm or ova for the purpose of assisted human reproduction, or who are storing any of them for that purpose, (ii) the communication of information to the persons referred to in subparagraph (i), to the donors Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Regulations Section 65 of the sperm and ova and to the persons who have undergone assisted human reproduction procedures in which the sperm or ova were used, (iii) measures to be taken to determine the nature, cause and extent of the risks to human health and safety, and (iv) measures to be taken in respect of the sperm and ova to reduce those risks; (d.3) respecting the reporting to the Minister of information with respect to an activity described in section 10; (e) respecting the reimbursement of expenditures for the purposes of subsection 12(1), including providing for the expenditures that may be reimbursed; (e.1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income; (f) to (m) [Repealed, 2012, c. 19, s. 737] (n) respecting the creation and maintenance of records by any person who (i) engages in an activity for which written consent is required under section 8, (ii) engages in an activity described in section 10, or (iii) makes a reimbursement under section 12; (o) to (q) [Repealed, 2012, c. 19, s. 737] (r) authorizing the Minister, in the manner set out in the regulations, to require any person described in paragraph (n) to provide to the Minister any records that the person is required by the regulations to create or maintain, and any additional information related to the activity described in subparagraph (n)(i), (ii) or (iii), and requiring that person to provide to the Minister those records and that information within the time and in the manner set out in the regulations; (s) to (w) [Repealed, 2012, c. 19, s. 737] (x) respecting the treatment and disposition of material or information seized under this Act or the Criminal Code; (y) for the purposes of subsection 51(1), prescribing the information to be contained in the notice and the time and manner of sending it; (z) respecting the further measures referred to in section 54; Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Regulations Sections 65-66 (z.1) respecting the giving of consent for the purposes of section 54; (z.2) defining designated officer for the purposes of subsection 52(3) and section 54; (z.3) exempting any person from the application of section 10, conditionally or unconditionally, in the circumstances provided for in the regulations; and (z.4) exempting from the application of subsection 12(2), conditionally or unconditionally, in the circumstances provided for in the regulations, any person who reimburses expenditures referred to in the regulations. Incorporation by reference (2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time. Documents in one language (3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version. Statutory Instruments Act (4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference. 2004, c. 2, s. 65; 2012, c. 19, s. 737. Proposed regulations to be laid before Parliament 66 (1) Before a regulation is made under section 65, the Minister shall lay the proposed regulation before each House of Parliament. Report by committee (2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House. Standing Committee on Health (2.1) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House. Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Regulations Sections 66-71 Making of regulations (3) A regulation may not be made before the earliest of (a) 30 sitting days after the proposed regulation is laid before Parliament, (b) 160 calendar days after the proposed regulation is laid before Parliament, and (c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation. Explanation (4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it. Alteration (5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not. Exceptions 67 (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66 should not apply in the circumstances; or (b) the regulation must be made immediately in order to protect the health or safety of any person. Notice of opinion (2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister’s reasons. 68 [Repealed, 2012, c. 19, s. 738] 69 [Repealed, 2012, c. 19, s. 738] 70 [Repealed, 2012, c. 19, s. 738] 71 [Repealed, 2012, c. 19, s. 738] Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction Consequential Amendments Sections 72-78 Consequential Amendments Access to Information Act 72 [Amendment] 73 [Amendment] Financial Administration Act 74 [Amendment] Privacy Act 75 [Amendment] 76 [Repealed before coming into force, 2012, c. 19, s. 739] Public Service Superannuation Act 77 [Amendment] Coming into Force Order of Governor in Council 78 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, other than sections 8, 12, 14 to 19, 21 to 59, 72 and 74 to 77, in force April 22, 2004, see SI/2004-49; sections 21 to 24, other than paragraphs 24(1)(a), (e) and (g), sections 25 to 39, 72, 74, 75 and 77 in force January 12, 2006, see SI/2005-42; section 8 in force December 1, 2007, see SI/2007-67; section 44 in force June 29, 2012, see 2012, c. 19, s. 740; sections 45 to 58 in force June 9, 2019, section 12 in force June 9, 2020, see SI/ 2019-38.] * Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 741 Definitions 741 The following definitions apply in sections 742 to 745. Agency means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act. (Agence) Her Majesty means Her Majesty in right of Canada. (Sa Majesté) — 2012, c. 19, s. 742 Appointments terminated 742 (1) The members of the board of directors of the Agency cease to hold office on the coming into force of this subsection. No compensation (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the board of directors of the Agency, other than the President, 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division. — 2012, c. 19, s. 743 Employees of Agency 743 Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment measure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force. — 2012, c. 19, s. 744 Rights and obligations transferred 744 (1) All rights and property held by or in the name of or in trust for the Agency and all obligations and liabilities of the Agency are deemed to be rights, property, obligations and liabilities of Her Majesty. References (2) Every reference to the Agency in any deed, contract or other document executed by the Agency in its own Current to June 20, 2022 Last amended on June 9, 2020 Assisted Human Reproduction RELATED PROVISIONS name is, unless the context otherwise requires, to be read as a reference to Her Majesty. Closing out affairs (3) The Minister of Health may do and perform all acts and things necessary for and incidental to closing out the affairs of the Agency. — 2012, c. 19, s. 745 Commencement of legal proceedings 745 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Agency, or by the Minister of Health in closing out the affairs of the Agency, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Agency. Continuation of legal proceedings (2) Any action, suit or other legal proceeding to which the Agency is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the same manner and to the same extent as it could have been continued by or against the Agency. Current to June 20, 2022 Last amended on June 9, 2020

CONSOLIDATION Anti-terrorism Act S.C. 2001, c. 41 Current to June 20, 2022 Last amended on January 6, 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 January 6, 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 January 6, 2003 TABLE OF PROVISIONS An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism Short Title 1 Short title PART 1 Criminal Code Consequential Amendment PART 2 Official Secrets Act Consequential Amendments PART 3 Canada Evidence Act Consequential Amendments PART 4 Proceeds of Crime (Money Laundering) Act Consequential Amendments PART 5 Amendments to Other Acts PART 6 Registration of Charities — Security Information Amendments to the Income Tax Act Current to June 20, 2022 Last amended on January 6, 2003 ii Anti-terrorism TABLE OF PROVISIONS PART 7 Coordinating, Review and Commencement Provisions Coordinating Amendments Review and Report 145 Review Coming into Force *146 Coming into force Current to June 20, 2022 Last amended on January 6, 2003 iv S.C. 2001, c. 41 An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism [Assented to 18th December 2001] Preamble WHEREAS Canadians and people everywhere are entitled to live their lives in peace, freedom and security; WHEREAS acts of terrorism constitute a substantial threat to both domestic and international peace and security; WHEREAS acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation; WHEREAS the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress, investigate and incapacitate terrorist activity; WHEREAS Canada must act in concert with other nations in combating terrorism, including fully implementing United Nations and other international instruments relating to terrorism; WHEREAS the Parliament of Canada, recognizing that terrorism is a matter of national concern that affects the security of the nation, is committed to taking comprehensive measures to protect Canadians against terrorist activity while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms; Current to June 20, 2022 Last amended on January 6, 2003 Anti-terrorism Short Title Sections 1-45 and 46 AND WHEREAS these comprehensive measures must include legislation to prevent and suppress the financing, preparation, facilitation and commission of acts of terrorism, as well as to protect the political, social and economic security of Canada and Canada’s relations with its allies; 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 Anti-terrorism Act. PART 1 Criminal Code 2 to 23 [Amendments] Consequential Amendment 23.1 [Amendment] PART 2 Official Secrets Act 24 to 30 [Amendments] Consequential Amendments 31 to 42 [Amendments] PART 3 Canada Evidence Act 43 and 44 [Amendments] Consequential Amendments 45 and 46 [Amendments] Current to June 20, 2022 Last amended on January 6, 2003 Anti-terrorism PART 4 Proceeds of Crime (Money Laundering) Act Sections 47 to 75-119 to 144 PART 4 Proceeds of Crime (Money Laundering) Act 47 to 75 [Amendments] Consequential Amendments 76 to 86 [Amendments] PART 5 Amendments to Other Acts 87 to 112 [Amendments] PART 6 Registration of Charities — Security Information 113 The Charities Registration (Security Information) Act is enacted as follows: [See Charities Registration (Security Information) Act] Amendments to the Income Tax Act 114 to 118 [Amendments] PART 7 Coordinating, Review and Commencement Provisions Coordinating Amendments 119 to 144 [Amendments] Current to June 20, 2022 Last amended on January 6, 2003 Anti-terrorism PART 7 Coordinating, Review and Commencement Provisions Review and Report Sections 145-146 Review and Report Review 145 (1) Within three years after this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be 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) 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 may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends. Coming into Force Coming into force 146 (1) Subject to subsection (2), the provisions of this Act, other than sections 1, 24, 25, 47, 48, 76 to 86 and 119 to 145, and the provisions of any Act that are enacted by this Act come into force on a day or days to be fixed by order of the Governor in Council. * Part 6 (2) Part 6 comes into force on a day to be fixed by order of the Governor in Council. [Note: Sections 1, 24, 25, 47, 48, 76 to 86 and 119 to 145 in force on assent December 18, 2001; sections 2 to 23.1, 26 to 46, 49 to 51, 53, 65 and 66, subsections 67(1) and (4) to (9), sections 68 to 73, 75 and 87 to 118 in force December 24, 2001, see SI/ 2002-16; section 52, subsections 67(2) and (3) and section 74 in force June 12, 2002, see SI/2002-86; sections 54 to 57, 58, 59 to 64 in force January 6, 2003, see SI/2002-164.] * Current to June 20, 2022 Last amended on January 6, 2003

CONSOLIDATION Advance Payments for Crops Act [Repealed, 1997, c. 20, s. 45] Current to June 20, 2022 Last amended on May 15, 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 May 15, 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 May 15, 2014 TABLE OF PROVISIONS An Act to facilitate the making of advance payments for crops Current to June 20, 2022 Last amended on May 15, 2014 ii

CONSOLIDATION Anti-Personnel Mines Convention Implementation Act S.C. 1997, c. 33 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 implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction Short Title 1 Short title Interpretation 2 Definitions Purpose of Act 3 Implementation of Convention Her Majesty 4 Binding on Her Majesty Designation of Minister 5 Order designating Minister Prohibitions 6 General prohibitions Exception for peace officers, etc. Destruction of Anti-personnel Mines 8 Transfer for destruction Destruction of mines Authorization by Minister Request for Information 11 Notice for disclosure of information Inspections 12 Fact-finding missions Inspections Dwelling-house Other place Application of the Criminal Code Current to June 20, 2022 Last amended on July 2, 2003 ii Anti-Personnel Mines Convention Implementation TABLE OF PROVISIONS Disclosure of Information 17 Prohibition Delegation of Responsibility 18 Ministerial designation Regulations 19 Regulations Amendments to the Convention 20 Amendment to schedule Enforcement 21 Punishment Forfeiture Limitation period for summary conviction offences Continuing offence Coming into Force *25 Order in Council SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction Current to June 20, 2022 Last amended on July 2, 2003 iv S.C. 1997, c. 33 An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction [Assented to 27th November 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 Anti-Personnel Mines Convention Implementation Act. Interpretation Definitions 2 The definitions in this section apply in this Act. anti-handling device means a device intended to protect a mine and that is part of, linked to, attached to or placed under the mine and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. (dispositif antimanipulation) anti-personnel mine means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices, are not considered to be anti-personnel mines as a result of being so equipped. (mine antipersonnel) Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Interpretation Sections 2-4 Convention means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of AntiPersonnel Mines and on their Destruction, set out in the schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention. (Convention) 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. (maison d’habitation) mine means a munition designed, altered or intended to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle. (mine) Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated under section 5 as the Minister or Ministers for the purposes of that provision. (ministre) place includes any conveyance. (lieu) transfer, in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines. (transfert) Purpose of Act Implementation of Convention 3 The purpose of this Act is to implement Canada’s obligations under the Convention. Her Majesty Binding on Her Majesty 4 This Act is binding on Her Majesty in right of Canada or a province. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Designation of Minister Sections 5-6 Designation of Minister Order designating Minister 5 The Governor in Council may, by order, designate any member or members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purposes of any provision of this Act. Prohibitions General prohibitions 6 (1) No person shall (a) place an anti-personnel mine under, on or near the ground or other surface area with the intent to cause the explosion of the anti-personnel mine by the presence, proximity or contact of a person; or (b) develop, produce or otherwise acquire, possess or transfer to anyone, directly or indirectly, an anti-personnel mine, or stockpile anti-personnel mines. Export and import (2) Except as authorized under the Export and Import Permits Act, no person shall export or import an antipersonnel mine. Exceptions (3) Subsections (1) and (2) do not prohibit (a) the placement, acquisition, possession or transfer of a number of anti-personnel mines, as authorized under section 10, for the development of, and training in, mine detection, mine clearance or mine destruction techniques; (b) the acquisition, possession or transfer of anti-personnel mines for the purpose of their destruction; (c) the acquisition, possession or transfer of an antipersonnel mine that has been deactivated as prescribed by regulation or that has been deactivated by (i) removing all explosive substances, including the priming charge, booster charge and main charge, from the anti-personnel mine, including from any fuse, percussion cap or detonator, and (ii) removing or destroying the anti-personnel mine’s priming or detonating mechanism or rendering the mechanism inoperable in such a way that its function cannot readily be restored; or Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Prohibitions Sections 6-10 (d) participation in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention that engage in an activity prohibited under subsection (1) or (2), if that participation does not amount to active assistance in that prohibited activity. Exception for peace officers, etc. 7 Notwithstanding anything in this Act, a person is not guilty of an offence under this Act by reason only that the person acquires, possesses or transfers an anti-personnel mine in the course of the person’s duties or employment for the purpose of rendering the mine harmless or for the purpose of proceedings under this Act or any other Act of Parliament, if the person is (a) a member of the Canadian Armed Forces; (b) a peace officer; or (c) a person engaged or employed by or on behalf of Her Majesty in right of Canada or a province. Destruction of Anti-personnel Mines Transfer for destruction 8 Every person, other than Her Majesty in right of Canada, who possesses an anti-personnel mine that the person is prohibited by section 6 from possessing shall without delay deliver it, for destruction, to such person as may, by order, be designated by the Minister. Destruction of mines 9 Subject to section 10, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by Her Majesty in right of Canada or that are delivered under section 8 for destruction. Authorization by Minister 10 The Minister may authorize a number of anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Request for Information Sections 11-12 Request for Information Notice for disclosure of information 11 (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the administration or enforcement of this Act, or information that Canada is required by Article 7 of the Convention to report to the Secretary-General of the United Nations, requesting the person to provide the information or documents to the Minister, or to such person as may be designated by the Minister, within a reasonable time specified in the notice. Application for court order (2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it. Notice of hearing (3) The Minister shall give the person at least seven days notice of the hearing of the application. Order (4) On hearing the application, the judge may order the person to provide the document or information if the judge concludes that, in the circumstances of the case, the production of the document or information is necessary to ensure Canada’s compliance with the Convention and that the public interest outweighs in importance the privacy interest of the person. 1997, c. 33, s. 11; 2002, c. 8, s. 114. Inspections Fact-finding missions 12 (1) If a fact-finding mission to Canada is authorized under Article 8 of the Convention, the Minister shall issue to every member of the fact-finding mission a certificate (a) identifying the member by name and indicating the member’s status and authority to conduct a factfinding mission in Canada; (b) stating that the member enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on February 13, 1946; and Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Inspections Sections 12-13 (c) setting out such other information and any conditions applicable to the member’s fact-finding activities in Canada as the Minister considers advisable. Identification required (2) Every member of the fact-finding mission who wishes to inspect a place in Canada shall, on request of the person in charge of the place to be inspected by that member, show the certificate to that person. Import and export of equipment (3) The members of the fact-finding mission may import free of duty and tax any equipment to be used exclusively in carrying out their mission, and they may subsequently export the equipment free of duty and tax. Inspections 13 (1) Subject to this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of the Convention, enter and inspect any place that is a military or weapons installation or facility or that is any other installation or facility that has or may have the capacity to develop, produce or stockpile antipersonnel mines or anti-personnel mine components, if the member believes on reasonable grounds that any information, document or other thing that is relevant to compliance with the Convention may be found in that place. Fact-finders may be accompanied (2) In order to facilitate the conduct of an inspection by a member of the fact-finding mission, such persons as may be designated by the Minister may accompany the member and may direct any person who is in control of the place being inspected to (a) provide the member with access to any area, container or thing in the place; (b) permit the member to examine any thing in the place; (c) permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place; (d) permit the member to have photographs taken of any thing in the place and to remove the photographs or the exposed photographic film from the place; (e) permit the member to interview any person in the place; and Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Inspections Sections 13-15 (f) permit the member to take samples for analysis of any thing in the place and permit the member to remove the samples for analysis outside the place. False statements, obstruction (3) While a member of the fact-finding mission is conducting the inspection, no person shall (a) knowingly make any false or misleading statement to the member or the designated persons accompanying the member in relation to the place or thing being inspected; or (b) wilfully obstruct the inspection. Direction not statutory instrument (4) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act. Dwelling-house 14 If the place to be inspected is a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the occupant. Other place 15 (1) If the place to be inspected is not a dwellinghouse, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the person who is in control of the place, except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice may issue a warrant authorizing members of the fact-finding mission and the designated persons accompanying them to enter a place for the purposes of the inspection, subject to such conditions as may be specified in the warrant, if the justice is satisfied by information on oath that (a) there are reasonable grounds to believe that the members may find at that place any information, document or other thing that is relevant to compliance with the Convention; (b) entry to the place is necessary for any purpose relating to the fact-finding mission; and (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused or there has been a failure to comply with a direction under section 13 in respect of the place. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Inspections Sections 15-17 Assistance (3) A justice who issues a warrant under subsection (2) may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to the warrant. When warrant not required (4) A warrant authorizing entry into a place is not required if the conditions for obtaining the warrant exist but, because of exigent circumstances, it would not be practicable to obtain the warrant. Use of force (5) The members of the fact-finding mission and the designated persons accompanying them shall not use force in executing a warrant issued under subsection (2) unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant. Application of the Criminal Code 16 Sections 13 to 15 do not exclude the application of the provisions of the Criminal Code relating to search and seizure under the authority of a warrant issued under that Act. Disclosure of Information Prohibition 17 (1) Except as authorized by this section, no person in possession of information or a document obtained in confidence under this Act or the Convention shall knowingly, without the written consent of the person from whom it was obtained, communicate it or allow it to be communicated to any person or allow any person to have access to it. Exceptions (2) A person in possession of information or a document obtained in confidence under this Act or the Convention may communicate it or allow it to be communicated to any person, or allow any person to have access to it, if (a) the communication or access would be in the public interest, as it relates to public health, public safety or protection of the environment, and that interest clearly outweighs in importance any material financial loss or prejudice that could be caused to the competitive position of any person and any damage that could be caused to the privacy, reputation or human dignity of any individual; or Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Disclosure of Information Sections 17-20 (b) the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Convention. Evidence in legal proceedings (3) Notwithstanding any other Act or law, no person may be required, in connection with any legal proceedings, to produce any statement or other record containing information or a document obtained in confidence under this Act or the Convention, or to give evidence relating to it, unless the proceedings relate to the enforcement of this Act or another Act of Parliament. Delegation of Responsibility Ministerial designation 18 The Minister may designate one or more persons to exercise the powers, and perform the duties and functions, of the Minister under this Act or the Convention that are specified in the designation. That person or those persons may exercise those powers and shall perform those functions subject to such terms and conditions, if any, as are specified in the designation. Regulations Regulations 19 (1) The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and may make regulations prescribing anything that by this Act is to be prescribed by regulation. Contravention of regulation (2) A regulation made under subsection (1) may make it an offence to contravene the regulation. Amendments to the Convention Amendment to schedule 20 The Minister shall, by order, amend the schedule to incorporate any amendment to the Convention as soon as is practicable after the amendment takes effect, and shall cause the amendment to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the order is made. 1997, c. 33, s. 20; 2001, c. 34, s. 3(F). Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Enforcement Sections 21-24 Enforcement Punishment 21 (1) Every person who contravenes section 6 or 8 or subsection 13(3) or 17(1) is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; and (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both. Offence under the regulations (2) Every person who contravenes a regulation made under section 19, the contravention of which has been made an offence by that regulation, is guilty of an offence punishable on summary conviction. 1997, c. 33, s. 21; 1999, c. 31, s. 7. Forfeiture 22 (1) If a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing seized by means of which or in respect of which the offence was committed be forfeited. On the making of that order, the thing is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs. Exception (2) Subsection (1) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this Act. Limitation period for summary conviction offences 23 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose. Continuing offence 24 If an offence under this Act 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. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation Coming into Force Section 25 Coming into Force Order in Council * 25 This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force March 1, 1999, see SI/99-18.] Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction SCHEDULE (Sections 2 and 20) Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction Preamble The States Parties, DETERMINED to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement, BELIEVING it necessary to do their utmost to contribute in an efficient and coordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction, WISHING to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims, RECOGNIZING that a total ban of anti-personnel mines would also be an important confidence-building measure, WELCOMING the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and calling for the early ratification of this Protocol by all States which have not yet done so, WELCOMING also United Nations General Assembly Resolution 51/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legally-binding international agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines, WELCOMING furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines, Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction STRESSING the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognizing the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other non-governmental organizations around the world, RECALLING the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines, EMPHASIZING the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organizations, and groupings, and review conferences of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, BASING themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between civilians and combatants, Have agreed as follows: ARTICLE 1 General Obligations 1 Each State Party undertakes never under any circumstances: (a) to use anti-personnel mines; (b) to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines; (c) to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention. 2 Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention. ARTICLE 2 Definitions 1 Anti-personnel mine means a mine designed to be exploded by the presence, proximity or contact of a person and Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction that will incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped. 2 Mine means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle. 3 Anti-handling device means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. 4 Transfer involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines. 5 Mined area means an area which is dangerous due to the presence or suspected presence of mines. ARTICLE 3 Exceptions 1 Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes. 2 The transfer of anti-personnel mines for the purpose of destruction is permitted. ARTICLE 4 Destruction of Stockpiled AntiPersonnel Mines Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction ARTICLE 5 Destruction of Anti-Personnel Mines in Mined Areas 1 Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party. 2 Each State Party shall make every effort to identify all areas under its jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimetermarked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. 3 If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years. 4 Each request shall contain: (a) the duration of the proposed extension; (b) a detailed explanation of the reasons for the proposed extension, including: (i) the preparation and status of work conducted under national demining programs; (ii) the financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and (iii) circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas; (c) the humanitarian, social, economic, and environmental implications of the extension; and (d) any other information relevant to the request for the proposed extension. 5 The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in paragraph 4, assess the request and decide by a majority of votes Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction of States Parties present and voting whether to grant the request for an extension period. 6 Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article. ARTICLE 6 International Cooperation and Assistance 1 In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible. 2 Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes. 3 Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis. 4 Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, inter alia, through the United Nations system, international or regional organizations or institutions, non-governmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance, or other regional funds that deal with demining. 5 Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines. 6 Each State Party undertakes to provide information to the database on mine clearance established within the United Nations system, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance. 7 States Parties may request the United Nations, regional organizations, other States Parties or other competent Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction intergovernmental or non-governmental fora to assist its authorities in the elaboration of a national demining program to determine, inter alia: (a) the extent and scope of the anti-personnel mine problem; (b) the financial, technological and human resources that are required for the implementation of the program; (c) the estimated number of years necessary to destroy all anti-personnel mines in mined areas under the jurisdiction or control of the concerned State Party; (d) mine awareness activities to reduce the incidence of mine-related injuries or deaths; (e) assistance to mine victims; (f) the relationship between the Government of the concerned State Party and the relevant governmental, intergovernmental or non-governmental entities that will work in the implementation of the program. 8 Each State Party giving and receiving assistance under the provisions of this Article shall cooperate with a view to ensuring the full and prompt implementation of agreed assistance programs. ARTICLE 7 Transparency Measures 1 Each State Party shall report to the Secretary-General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention for that State Party on: (a) the national implementation measures referred to in Article 9; (b) the total of all stockpiled anti-personnel mines owned or possessed by it, or under its jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot numbers of each type of anti-personnel mine stockpiled; (c) to the extent possible, the location of all mined areas that contain, or are suspected to contain, anti-personnel mines under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of anti-personnel mine in each mined area and when they were emplaced; (d) the types, quantities and, if possible, lot numbers of all anti-personnel mines retained or transferred for the development of and training in mine detection, mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorized by a State Party to retain or transfer anti-personnel mines, in accordance with Article 3; (e) the status of programs for the conversion or de-commissioning of anti-personnel mine production facilities; Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction (f) the status of programs for the destruction of anti-personnel mines in accordance with Articles 4 and 5, including details of the methods which will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed; (g) the types and quantities of all anti-personnel mines destroyed after the entry into force of this Convention for that State Party, to include a breakdown of the quantity of each type of anti-personnel mine destroyed, in accordance with Articles 4 and 5, respectively, along with, if possible, the lot numbers of each type of anti-personnel mine in the case of destruction in accordance with Article 4; (h) the technical characteristics of each type of anti-personnel mine produced, to the extent known, and those currently owned or possessed by a State Party, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of anti-personnel mines; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information which may facilitate mine clearance; and (i) the measures taken to provide an immediate and effective warning to the population in relation to all areas identified under paragraph 2 of Article 5. 2 The information provided in accordance with this Article shall be updated by the States Parties annually, covering the last calendar year, and reported to the Secretary-General of the United Nations not later than 30 April of each year. 3 The Secretary-General of the United Nations shall transmit all such reports received to the States Parties. ARTICLE 8 Facilitation and Clarification of Compliance 1 The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention, and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention. 2 If one or more States Parties wish to clarify and seek to resolve questions relating to compliance with the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction 28 days to the requesting State Party all information which would assist in clarifying this matter. 3 If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of the States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond. 4 Pending the convening of any meeting of the States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested. 5 The requesting State Party may propose through the Secretary-General of the United Nations the convening of a Special Meeting of the States Parties to consider the matter. The Secretary-General of the United Nations shall thereupon communicate this proposal and all information submitted by the States Parties concerned, to all States Parties with a request that they indicate whether they favour a Special Meeting of the States Parties, for the purpose of considering the matter. In the event that within 14 days from the date of such communication, at least one-third of the States Parties favours such a Special Meeting, the Secretary-General of the United Nations shall convene this Special Meeting of the States Parties within a further 14 days. A quorum for this Meeting shall consist of a majority of States Parties. 6 The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall first determine whether to consider the matter further, taking into account all information submitted by the States Parties concerned. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach a decision by consensus. If despite all efforts to that end no agreement has been reached, it shall take this decision by a majority of States Parties present and voting. 7 All States Parties shall cooperate fully with the Meeting of the States Parties or the Special Meeting of the States Parties in the fulfilment of its review of the matter, including any fact-finding missions that are authorized in accordance with paragraph 8. 8 If further clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authorize a fact-finding mission and decide on its mandate by a majority of States Parties present and voting. At any time the requested State Party may invite a fact-finding mission to its territory. Such a mission shall take place without a decision by a Meeting of the States Parties or a Special Meeting of the States Parties to authorize such a mission. The mission, consisting of up to 9 experts, designated and approved in accordance with paragraphs 9 and 10, may collect additional information on the spot or in other places directly related to the alleged compliance issue under the jurisdiction or control of the requested State Party. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction 9 The Secretary-General of the United Nations shall prepare and update a list of the names, nationalities and other relevant data of qualified experts provided by States Parties and communicate it to all States Parties. Any expert included on this list shall be regarded as designated for all fact-finding missions unless a State Party declares its non-acceptance in writing. In the event of non-acceptance, the expert shall not participate in fact-finding missions on the territory or any other place under the jurisdiction or control of the objecting State Party, if the non-acceptance was declared prior to the appointment of the expert to such missions. 10 Upon receiving a request from the Meeting of the States Parties or a Special Meeting of the States Parties, the Secretary-General of the United Nations shall, after consultations with the requested State Party, appoint the members of the mission, including its leader. Nationals of States Parties requesting the fact-finding mission or directly affected by it shall not be appointed to the mission. The members of the fact-finding mission shall enjoy privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946. 11 Upon at least 72 hours notice, the members of the factfinding mission shall arrive in the territory of the requested State Party at the earliest opportunity. The requested State Party shall take the necessary administrative measures to receive, transport and accommodate the mission, and shall be responsible for ensuring the security of the mission to the maximum extent possible while they are on territory under its control. 12 Without prejudice to the sovereignty of the requested State Party, the fact-finding mission may bring into the territory of the requested State Party the necessary equipment which shall be used exclusively for gathering information on the alleged compliance issue. Prior to its arrival, the mission will advise the requested State Party of the equipment that it intends to utilize in the course of its fact-finding mission. 13 The requested State Party shall make all efforts to ensure that the fact-finding mission is given the opportunity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue. 14 The requested State Party shall grant access for the factfinding mission to all areas and installations under its control where facts relevant to the compliance issue could be expected to be collected. This shall be subject to any arrangements that the requested State Party considers necessary for: (a) the protection of sensitive equipment, information and areas; (b) the protection of any constitutional obligations the requested State Party may have with regard to proprietary rights, searches and seizures, or other constitutional rights; or (c) the physical protection and safety of the members of the fact-finding mission. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction In the event that the requested State Party makes such arrangements, it shall make every reasonable effort to demonstrate through alternative means its compliance with this Convention. 15 The fact-finding mission may remain in the territory of the State Party concerned for no more than 14 days, and at any particular site no more than 7 days, unless otherwise agreed. 16 All information provided in confidence and not related to the subject matter of the fact-finding mission shall be treated on a confidential basis. 17 The fact-finding mission shall report, through the Secretary-General of the United Nations, to the Meeting of the States Parties or the Special Meeting of the States Parties the results of its findings. 18 The Meeting of the States Parties or the Special Meeting of the States Parties shall consider all relevant information, including the report submitted by the fact-finding mission, and may request the requested State Party to take measures to address the compliance issue within a specified period of time. The requested State Party shall report on all measures taken in response to this request. 19 The Meeting of the States Parties or the Special Meeting of the States Parties may suggest to the States Parties concerned ways and means to further clarify or resolve the matter under consideration, including the initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of the States Parties or the Special Meeting of the States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6. 20 The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States Parties present and voting. ARTICLE 9 National Implementation Measures Each State Party shall take all appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction ARTICLE 10 Settlement of Disputes 1 The States Parties shall consult and cooperate with each other to settle any dispute that may arise with regard to the application or the interpretation of this Convention. Each State Party may bring any such dispute before the Meeting of the States Parties. 2 The Meeting of the States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States parties to a dispute to start the settlement procedure of their choice and recommending a time-limit for any agreed procedure. 3 This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance. ARTICLE 11 Meetings of the States Parties 1 The States Parties shall meet regularly in order to consider any matter with regard to the application or implementation of this Convention, including: (a) the operation and status of this Convention; (b) matters arising from the reports submitted under the provisions of this Convention; (c) international cooperation and assistance in accordance with Article 6; (d) the development of technologies to clear anti-personnel mines; (e) submissions of States Parties under Article 8; and (f) decisions relating to submissions of States Parties as provided for in Article 5. 2 The First Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference. 3 Under the conditions set out in Article 8, the SecretaryGeneral of the United Nations shall convene a Special Meeting of the States Parties. 4 States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend these meetings as observers in accordance with the agreed Rules of Procedure. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction ARTICLE 12 Review Conferences 1 A Review Conference shall be convened by the SecretaryGeneral of the United Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be invited to each Review Conference. 2 The purpose of the Review Conference shall be: (a) to review the operation and status of this Convention; (b) to consider the need for and the interval between further Meetings of the States Parties referred to in paragraph 2 of Article 11; (c) to take decisions on submissions of States Parties as provided for in Article 5; and (d) to adopt, if necessary, in its final report conclusions related to the implementation of this Convention. 3 States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Review Conference as observers in accordance with the agreed Rules of Procedure. ARTICLE 13 Amendments 1 At any time after the entry into force of this Convention any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Depositary, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Depositary no later than 30 days after its circulation that they support further consideration of the proposal, the Depositary shall convene an Amendment Conference to which all States Parties shall be invited. 2 States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Amendment Conference as observers in accordance with the agreed Rules of Procedure. 3 The Amendment Conference shall be held immediately following a Meeting of the States Parties or a Review Conference Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction unless a majority of the States Parties request that it be held earlier. 4 Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to the States Parties. 5 An amendment to this Convention shall enter into force for all States Parties to this Convention which have accepted it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance. ARTICLE 14 Costs 1 The costs of the Meetings of the States Parties, the Special Meetings of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately. 2 The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the States Parties in accordance with the United Nations scale of assessment adjusted appropriately. ARTICLE 15 Signature This Convention, done at Oslo, Norway, on 18 September 1997, shall be open for signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December 1997, and at the United Nations Headquarters in New York from 5 December 1997 until its entry into force. ARTICLE 16 Ratification, Acceptance, Approval or Accession 1 This Convention is subject to ratification, acceptance or approval of the Signatories. 2 It shall be open for accession by any State which has not signed the Convention. 3 The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction ARTICLE 17 Entry into Force 1 This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratification, acceptance, approval or accession has been deposited. 2 For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession. ARTICLE 18 Provisional Application Any State may at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending its entry into force. ARTICLE 19 Reservations The Articles of this Convention shall not be subject to reservations. ARTICLE 20 Duration and Withdrawal 1 This Convention shall be of unlimited duration. 2 Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating this withdrawal. 3 Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that six-month period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict. 4 The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law. Current to June 20, 2022 Last amended on July 2, 2003 Anti-Personnel Mines Convention Implementation SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction ARTICLE 21 Depositary The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention. ARTICLE 22 Authentic Texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. Current to June 20, 2022 Last amended on July 2, 2003

CONSOLIDATION Atlantic Canada Opportunities Agency Act R.S.C. 1985, c. 41 (4th Supp.) NOTE [Enacted as Part I to R.S., 1985, c. 41 (4th Supp.), in force September 15, 1988, see SI/88-152.] 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 Atlantic Canada Opportunities Agency Act Short Title 2 Short title Interpretation 3 Definitions Purpose 4 Purpose Powers, Duties and Functions of the Minister 5 Powers, duties and functions of the Minister Responsible for Agency Establishment of areas Shares and related instruments Support for programs and projects under other Acts Atlantic Canada Opportunities Agency 10 Establishment of Agency President Object, Powers and Duties 12 Object Powers Duties General 15 Officers and employees Offices Contracts binding on Her Majesty Regulations 20 Regulations Current to June 20, 2022 Last amended on February 26, 2015 ii Atlantic Canada Opportunities Agency TABLE OF PROVISIONS Reports 21 Annual report of Agency Transitional 22 Appropriations based on Estimates Transfer of powers, duties and functions Deemed appointment Current to June 20, 2022 Last amended on February 26, 2015 iv R.S.C. 1985, c. 41 (4th Supp.) Atlantic Canada Opportunities Agency Act Short Title Short title 2 This Part may be cited as the Atlantic Canada Opportunities Agency Act. Interpretation Definitions 3 In this Part, Agency means the Atlantic Canada Opportunities Agency established by section 10; (Agence) Atlantic Canada means the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador; (Canada atlantique) Board [Repealed, 2014, c. 20, s. 175] designated area means an area of Atlantic Canada designated by order of the Minister pursuant to section 7; (zone désignée) Minister means such member of the Queen’s Privy Council for Canada as is appointed by Commission under the Great Seal to be the Minister for the purposes of this Part; (ministre) President means the President of the Agency appointed pursuant to subsection 11(1). (président) R.S., 1985, c. 41 (4th Supp.), s. 3; 2014, c. 20, s. 175; 2015, c. 3, s. 172. Purpose Purpose 4 The purpose of this Part is to increase opportunity for economic development in Atlantic Canada and, more Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Purpose Sections 4-7 particularly, to enhance the growth of earned incomes and employment opportunities in that region. Powers, Duties and Functions of the Minister Powers, duties and functions of the Minister 5 (1) In furtherance of the purpose of this Part, the Minister may exercise powers and perform duties and functions that affect economic opportunity and development in Atlantic Canada over which Parliament has jurisdiction and that are not by or pursuant to law assigned to any other member of the Queen’s Privy Council for Canada or to any department, board or agency of the Government of Canada. Coordination (2) The Minister shall coordinate the policies and programs of the Government of Canada in relation to opportunity for economic development in Atlantic Canada. Advisory boards (3) The Minister may establish advisory boards and provide for their membership, duties, functions and operation. Expenses (4) Subject to the approval of the Governor in Council, the Minister may provide for the payment of reasonable travel and living expenses incurred in the performance of their duties and functions by members of advisory boards established under subsection (3). Responsible for Agency 6 (1) The Minister is responsible for the Agency. Agreements with provinces (2) The Minister may enter into agreements with the government of any province or provinces in Atlantic Canada respecting the carrying out of any program or project of the Agency. R.S., 1985, c. 41 (4th Supp.), s. 6; 2002, c. 17, s. 2. Establishment of areas 7 The Minister may, by order, establish as a designated area, for the period set out in the order, any area in Atlantic Canada where, in the opinion of the Minister, exceptional circumstances provide opportunities for locally based improvements in productive employment. Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Powers, Duties and Functions of the Minister Sections 8-11 Shares and related instruments 8 Subject to any regulations, the Minister may acquire, exercise, assign or sell a stock option, share warrant, share or other similar financial instrument obtained as a condition of a loan or contribution made, a guarantee given or loan insurance or credit insurance provided under section 13 or in the course of the collection or enforcement of a debtor’s obligation to the Agency. R.S., 1985, c. 41 (4th Supp.), s. 8; 2001, c. 34, s. 5. Support for programs and projects under other Acts 9 (1) Where the Minister is satisfied that the implementation of a program or project authorized by any other Act would further the purpose of this Part, the Minister may, conditionally or unconditionally, undertake to transfer funds appropriated for the purposes of this Part to supplement funds that the minister responsible for the program or project has undertaken to expend in connection therewith. Effect of undertaking (2) Subject to compliance with any conditions attached to an undertaking given by the Minister pursuant to subsection (1) and to the approval of Parliament, funds undertaken to be transferred may be expended by the minister responsible for the implementation of the program or project on the same terms and conditions as funds that that minister has undertaken to expend in connection therewith. Information in annual report (3) Each annual report under subsection 21(3) shall include full and complete information relating to funds undertaken to be transferred under this section in the fiscal year to which the report relates. Atlantic Canada Opportunities Agency Establishment of Agency 10 There is hereby established an agency of the Government of Canada to be known as the Atlantic Canada Opportunities Agency. President 11 (1) The Governor in Council shall appoint an officer to be the deputy of the Minister, who shall be called the Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Atlantic Canada Opportunities Agency Sections 11-13 President of the Agency and who shall hold office during pleasure. Chief executive officer (2) The President is the chief executive officer of the Agency and, under the direction of the Minister, has control and supervision over the work, officers and employees of the Agency. Acting President (3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister shall appoint another person to act as the President, but no person may act as President for a period exceeding ninety days without the approval of the Governor in Council. Remuneration (4) The President shall be paid such remuneration as may be fixed by the Governor in Council. Object, Powers and Duties Object 12 The object of the Agency is to support and promote opportunity for economic development of Atlantic Canada, with particular emphasis on small and mediumsized enterprises, through policy, program and project development and implementation and through advocacy of the interests of Atlantic Canada in national economic policy, program and project development and implementation. Powers 13 In carrying out its object, the Agency may (a) in concert with other concerned departments and agencies of the Government of Canada, formulate plans and integrated federal approaches to support opportunity for economic development of Atlantic Canada; (b) plan, direct, manage and implement programs and projects intended to contribute directly or indirectly to (i) the establishment, development, support and promotion of enterprises, and more particularly small and medium-sized enterprises, in Atlantic Canada, (ii) the development of entrepreneurial talent in that region, and (iii) the economic prosperity of that region; Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Object, Powers and Duties Section 13 (c) plan, direct, manage and implement programs and projects to improve the business environment in Atlantic Canada, including programs and projects (i) of support to business associations, conferences, studies, consultations, trade shows, demonstration projects and market research, (ii) related to the development of business opportunity data banks and networks, (iii) to improve business communication and cooperation, and (iv) to promote scholarship related to business and investment; (d) assist investors to locate enterprises, and more particularly small and medium-sized enterprises, in Atlantic Canada, consistent with Atlantic Canada and federal investment requirements; (e) make loans to any person with respect to the establishment and development of enterprises, and more particularly small and medium-sized enterprises, in Atlantic Canada; (f) guarantee the repayment of, or provide loan insurance or credit insurance in respect of, any financial obligation undertaken by any person in respect of the establishment and development of enterprises, and more particularly small and medium-sized enterprises, in Atlantic Canada; (g) in accordance with terms and conditions approved by Treasury Board, make grants and contributions in support of programs and projects undertaken by the Agency or the Minister; (h) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the Agency; (h.1) acquire the assets and assume the obligations of the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries; (h.2) in respect of any security interest that it acquires from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries and that was held by that Corporation or any of those subsidiaries in respect of a loan, investment or agreement that was acquired by that Corporation or any of those subsidiaries, (i) hold any security interest, Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Object, Powers and Duties Sections 13-14 (ii) surrender any security interest, (iii) realize any security interest, or (iv) exchange, sell, assign or otherwise dispose of any security interest; (h.3) hold or exercise, or surrender, sell, assign or otherwise dispose of, a stock option, share or other similar financial instrument that it acquires from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries; (h.4) do all things, other than those mentioned in paragraphs (h.2) and (h.3), that are necessary for or incidental to the administration, management, control or disposal of the assets and obligations that it acquires or assumes from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries; and (i) do all such other things as are necessary or incidental to the attainment of the object of the Agency. R.S., 1985, c. 41 (4th Supp.), s. 13; 2002, c. 17, s. 3; 2014, c. 20, s. 187. Duties 14 The Agency shall assist the Minister (a) generally, in the exercise of powers and the performance of duties and functions under this Part and any other Act in relation to which powers, duties and functions are assigned to the Minister in relation to opportunity for economic development of Atlantic Canada; (b) in the coordination of policies and programs of the Government of Canada in relation to opportunity for economic development of Atlantic Canada; (c) by administering any agreements entered into by the Minister with a province or provinces; (d) in the exercise of powers conferred on the Minister by section 8; and (e) by compiling detailed information on all programs and projects undertaken by the Agency or the Minister for the purpose of measuring trends, development and progress in the economic development of Atlantic Canada. Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency General Sections 15-20 General Officers and employees 15 (1) Such officers and employees as are necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act. Government services and facilities (2) In exercising its powers and performing its duties and functions under this Part, the Agency shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada. Offices 16 The principal office of the Agency shall be in Moncton, New Brunswick, but the Agency shall maintain at least one office in each other province in Atlantic Canada. Contracts binding on Her Majesty 17 (1) Every contract, memorandum of understanding and arrangement entered into by the Agency in its own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Agency. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty. 18 [Repealed, 2014, c. 20, s. 176] 19 [Repealed, 2014, c. 20, s. 176] Regulations Regulations 20 (1) The Minister may make regulations (a) specifying programs and projects in addition to those referred to in paragraph 13(c) to improve the business environment in Atlantic Canada; (b) defining, for the purposes of this Part, the expressions “small and medium-sized enterprises”, “project” and “demonstration projects” and the class or classes of small and medium-sized enterprises and of Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Regulations Sections 20-21 operations and activities eligible for support by the Agency under this Part; and (c) generally for carrying out the purposes and provisions of this Part. Idem (2) The Minister may, with the approval of the Minister of Finance, make regulations (a) relating to loans that may be made, guarantees that may be given and loan insurance and credit insurance that may be provided under this Part; and (b) specifying the circumstances in which and the manner in which the Minister may acquire, exercise, assign or sell a stock option obtained as a condition under which a contribution or loan was made, a guarantee given or loan insurance or credit insurance provided under this Part. Designated area regulations (3) In order to exploit the opportunities for locally based improvements in productive employment identified in a designated area, regulations specially applicable to that area may be made under the authority of this section that vary from regulations of general application to Atlantic Canada. Reports Annual report of Agency 21 (1) The President shall, within four months after the end of each fiscal year, submit a report on the operations of the Agency in that year to the Minister. (2) and (2.1) [Repealed, 2014, c. 20, s. 177] Annual report by Minister (3) The Minister shall cause to be laid before each House of Parliament, on any of the first fifteen days on which that House is sitting after September 30 next following the end of each fiscal year, a report, including a copy of the annual report submitted to the Minister under subsection (1), on the administration of this Part for that fiscal year. R.S., 1985, c. 41 (4th Supp.), s. 21; 1992, c. 1, s. 10; 2014, c. 20, s. 177. Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency Transitional Sections 22-24 Transitional Appropriations based on Estimates 22 The provisions made by any appropriation Act for the fiscal year in which this section comes into force, based on the Estimates for that year to defray the charges and expenses of the public service of Canada within the Department of Regional Industrial Expansion in relation to any matter in Atlantic Canada to which the powers, duties or functions of the Minister or the Agency extend by law, shall be applied to such classifications of the public service within the Agency as the Governor in Council may determine. Transfer of powers, duties and functions 23 Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Regional Industrial Expansion, the Deputy Minister of Regional Industrial Expansion or any other officer of the Department of Regional Industrial Expansion in relation to any matter in Atlantic Canada to which the powers, duties or functions of the Minister or of the Agency extend by law, the power, duty or function is vested in and shall be exercised by the Minister, the President or the appropriate officer of the Agency, as the case may be, unless the Governor in Council by order designates another Minister, deputy minister or officer of a department or a portion of the public service of Canada to exercise that power, duty or function. Deemed appointment 24 Every indeterminate employee in the public service of Canada who is transferred to a position in the Agency from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Agency in accordance with subsection 15(1). Current to June 20, 2022 Last amended on February 26, 2015 Atlantic Canada Opportunities Agency RELATED PROVISIONS RELATED PROVISIONS — 2014, c. 20, s. 178 Appointments terminated 178 (1) The members of the Atlantic Canada Opportunities Board, established by section 18 of the Atlantic Canada Opportunities Agency Act, cease to hold office on the day on which this Division comes into force. No compensation (2) Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a member of that Board 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division. Current to June 20, 2022 Last amended on February 26, 2015

CONSOLIDATION Annulment of Marriages Act (Ontario) R.S.C. 1970, c. A-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 provide in the Province of Ontario for the annulment of marriage 1 Short title Part of law of England, on 15th July 1870 continued as law of Ontario Jurisdiction Current to June 20, 2022 ii R.S.C. 1970, c. A-14 An Act to provide in the Province of Ontario for the annulment of marriage Short title 1 This Act may be cited as the Annulment of Marriages Act (Ontario). R.S., 1952, c. 85, s. 1; 1967-68, c. 24, s. 26. Part of law of England, on 15th July 1870 continued as law of Ontario 2 The law of England as to the annulment of marriage, as that law existed on the 15th day of July 1870, in so far as it can be made to apply in the Province of Ontario, and in so far as it has not been repealed, as to the Province, by any Act of the Parliament of the United Kingdom or by any Act of the Parliament of Canada or by this Act, and as altered, varied, modified or affected, as to the Province, by any such Act, is in force in the Province of Ontario. R.S., 1952, c. 85, s. 2; 1967-68, c. 24, s. 26. Jurisdiction 3 The Supreme Court of Ontario has jurisdiction for all purposes of this Act. R.S., 1952, c. 85, s. 3. Current to June 20, 2022

CONSOLIDATION An Act to confirm the authority of the Federal District Commission to have acquired certain lands S.C. 1979, c. 7 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 the authority of the Federal District Commission to have acquired certain lands Acquisition confirmed Current to June 20, 2022 ii S.C. 1979, c. 7 An Act to confirm the authority of the Federal District Commission to have acquired certain lands [Assented to 6th December 1979] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Acquisition confirmed 1 For greater certainty, the acquisition by the Federal District Commission of parts of lots 3a, 3b and 4b, Range 5 of the Official Cadastre for the Township of Hull, Registry Division of Gatineau, Province of Quebec, by indenture made on the 31st day of May, 1954 and registered in the Office of the Registry Division of Gatineau under number 34984 is deemed, for all purposes, to have had, and to continue to have, the same force and effect as if it had been made with the previous consent of the Governor in Council pursuant to subsection 16(1) of the Federal District Commission Act, chapter 112 of the Revised Statutes of Canada, 1952, repealed by section 28 of chapter 37 of the Statutes of Canada, 1958. Current to June 20, 2022

CONSOLIDATION Anishinabek Nation Education Agreement Act S.C. 2017, c. 32 Current to June 20, 2022 Last amended on April 1, 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 April 1, 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 April 1, 2018 TABLE OF PROVISIONS An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Agreement prevails Agreement 4 Application of Act Agreement given effect Not a treaty First Nation laws Education Kinoomaadziwin Education Body Regional Education Council Local Education Authority General 12 Indian Act Judicial notice — First Nation laws Statutory Instruments Act Regulations and Orders 15 Regulations and orders Amendment of Schedule 16 Addition of name of participating First Nation Consequential Amendments Access to Information Act Privacy Act Current to June 20, 2022 Last amended on April 1, 2018 ii Anishinabek Nation Education Agreement TABLE OF PROVISIONS Coordinating Amendments Coming into Force 20 April 1, 2018 SCHEDULE Participating First Nations Current to June 20, 2022 Last amended on April 1, 2018 iv S.C. 2017, c. 32 An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts [Assented to 14th December 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 Anishinabek Nation Education Agreement Act. Interpretation Definitions 2 The following definitions apply in this Act. Agreement means the Anishinabek Nation Education Agreement signed on August 16, 2017, including any amendments made to it. (Accord) band has the same meaning as in subsection 2(1) of the Indian Act. (bande) constitution means a constitution ratified by a participating First Nation in conformity with the Agreement. (constitution) education means education programs and services of a nature generally provided to students from junior kindergarten to the end of secondary school in Ontario. (éducatifs) First Nation law means a law made under section 7. (texte législatif autochtone) Current to June 20, 2022 Last amended on April 1, 2018 Anishinabek Nation Education Agreement Act Interpretation Sections 2-8 participating First Nation means a band that is named in the schedule. (première nation participante) student has the same meaning as in section 1.1 of the Agreement. (élève) Agreement prevails 3 (1) In the event of an inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under an Act of Parliament, the Agreement prevails to the extent of the conflict or inconsistency. Act prevails (2) In the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict. Agreement Application of Act 4 This Act applies to every participating First Nation. Agreement given effect 5 (1) The Agreement is approved, given effect and declared valid and has the force of law. For greater certainty (2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Not a treaty 6 The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982. First Nation laws 7 A participating First Nation may, to the extent provided by the Agreement, make laws respecting education that are applicable on its reserve, as defined in subsection 2(1) of the Indian Act. Education 8 (1) A participating First Nation must provide or make provision for education for students to the extent provided by the Agreement. Current to June 20, 2022 Last amended on April 1, 2018 Anishinabek Nation Education Agreement Act Agreement Sections 8-12 Transferability (2) The education provided must, if practicable, be comparable to education provided by the public school system of Ontario, in order to facilitate the transfer of students without academic penalty to and from that school system. Kinoomaadziwin Education Body 9 (1) A corporation without share capital to be known as Kinoomaadziwin Education Body is established to support the delivery of education under this Act. Powers, duties, etc. (2) The powers, duties, functions, role and composition of the Kinoomaadziwin Education Body are to be determined in accordance with the Agreement. Regional Education Council 10 (1) A participating First Nation may, with one or more participating First Nations, establish a Regional Education Council, in accordance with the Agreement, to support the coordination and delivery of education. Powers, duties, etc. (2) The powers, duties, functions, role and composition of the Regional Education Council are to be determined, in accordance with the Agreement, by the participating First Nations that establish it. Local Education Authority 11 (1) A participating First Nation may establish a Local Education Authority, in accordance with the Agreement, to support it in the exercise of its powers, including the power to make First Nation laws. Powers, duties, etc. (2) The powers, duties, functions, role and composition of the Local Education Authority are to be determined, in accordance with the Agreement, by the participating First Nation that establishes it. General Indian Act 12 On the coming into force of a First Nation law, subsection 114(1) and sections 115 to 117 of the Indian Act cease to apply to the participating First Nation that made it. Current to June 20, 2022 Last amended on April 1, 2018 Anishinabek Nation Education Agreement Act General Sections 13-17 Judicial notice — First Nation laws 13 (1) Judicial notice must be taken of a First Nation law that is registered in the official registry of laws maintained by a participating First Nation in accordance with the Agreement. Evidence (2) In any proceedings, evidence of a First Nation law may be given by the production of a copy of the law, certified to be a true copy by a person authorized by the participating First Nation, without proof of that person’s signature or official character. Statutory Instruments Act 14 A First Nation law is not a statutory instrument for the purposes of the Statutory Instruments Act. Regulations and Orders Regulations and orders 15 The Governor in Council may make any regulations or orders that he or she considers necessary for the purpose of carrying out the provisions of this Act, the Agreement or other agreements related to the implementation of the Agreement. Amendment of Schedule Addition of name of participating First Nation 16 (1) The Governor in Council may, by order, add the name of any First Nation to the schedule if he or she is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution. Amendment or removal (2) The Governor in Council may, by order, amend the schedule to amend or remove the name of a participating First Nation if he or she is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement. Consequential Amendments Access to Information Act 17 [Amendment] Current to June 20, 2022 Last amended on April 1, 2018 Anishinabek Nation Education Agreement Act Consequential Amendments Privacy Act Sections 18-20 Privacy Act 18 [Amendments] Coordinating Amendments 19 [Amendments] Coming into Force April 1, 2018 20 This Act, other than section 19, comes into force on April 1, 2018. Current to June 20, 2022 Last amended on April 1, 2018 Anishinabek Nation Education Agreement Act SCHEDULE Participating First Nations SCHEDULE (Sections 2 and 16) Participating First Nations Aamjiwnaang First Nation Première Nation Aamjiwnaang Atikameksheng Anishnawbek Première Nation anishinabe Atikameksheng Aundeck Omni Kaning First Nation Première Nation Aundeck Omni Kaning Beausoleil First Nation Première Nation Beausoleil Biigtigong Nishnaabeg Première Nation anishinabe Biigtigong Biinjitiwaabik Zaaging Anishinaabek Première Nation anishinabe Biinjitiwaabik Zaaging Chippewas of Georgina Island Première Nation des Chippewas de l’île Georgina Chippewas of Rama First Nation Première Nation des Chippewas de Rama Dokis First Nation Première Nation Dokis Henvey Inlet First Nation Première Nation Henvey Inlet Long Lake #58 First Nation Première Nation Long Lake no 58 Magnetawan First Nation Première Nation Magnetawan Michipicoten First Nation Première Nation Michipicoten Mississaugas of Scugog Island First Nation Première Nation des Mississaugas de l’île Scugog Moose Deer Point First Nation Première Nation Moose Deer Point Munsee-Delaware Nation Nation des Munsees-Delawares Nipissing First Nation Première Nation Nipissing Pic Mobert First Nation Première Nation Pic Mobert Sheshegwaning First Nation Première Nation Sheshegwaning Wahnapitae First Nation Première Nation Wahnapitae Wasauksing First Nation Première Nation Wasauksing Whitefish River First Nation Première Nation de la rivière Whitefish Zhiibaahaasing First Nation Première Nation Zhiibaahaasing Current to June 20, 2022 Last amended on April 1, 2018

CONSOLIDATION Animal Pedigree Act R.S.C. 1985, c. 8 (4th Supp.) NOTE [1988, c. 13, assented to 25th May, 1988] Current to June 20, 2022 Last amended on December 15, 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 December 15, 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 December 15, 2004 TABLE OF PROVISIONS An Act respecting animal pedigree associations Short Title 1 Short title Interpretation 2 Definitions Purposes of Act 3 Purposes of Act Purpose of Associations 4 Principal purpose Scope of Associations 5 Scope of associations Incorporating an Association 6 Requirements Application to incorporate Contents of articles of incorporation Certificate of incorporation Body Corporate 10 Association is body corporate Powers 11 Powers Ownership and borrowing powers Use of Funds 13 Use of funds Liability 14 Limited liability Current to June 20, 2022 Last amended on December 15, 2004 ii Animal Pedigree TABLE OF PROVISIONS By-laws 15 Mandatory by-laws When by-law has effect Effect of by-laws Member’s right to inspect by-laws No fine or penalty Amendment of Articles of Incorporation 20 Amendment of articles of incorporation Deletion for certain purposes Other documents must accompany Certificate of amendment Association liable for debts Amalgamations 25 Amalgamation of associations Deemed articles Registration 27 Registration Eligibility for registration Certificates of registration Purebred Status 30 Purebred status Identification 31 Identification Certificates of identification Semen and Embryos 33 Semen and embryos Recognition of New Breeds 34 Request for recognition of new breed Current to June 20, 2022 Last amended on December 15, 2004 iv Animal Pedigree TABLE OF PROVISIONS Canadian Livestock Records Corporation Corporation Established 35 Corporation established Purpose 36 Purpose Powers 37 Powers Ownership and borrowing powers Use of Funds 39 Use of funds Board of Directors 40 Board of Directors Chairman Duties and powers of Board By-laws 43 By-laws General Manager 44 General Manager Members 45 Membership eligibility Voting 46 Number of votes Election of directors Termination of Membership 48 Termination of membership Annual Meeting 49 Annual meeting Liability 50 Personal liability General Stud and Herd Book 51 General Stud and Herd Book Administration 52 Inspections Inquiries Powers of Minister Directions to associations Current to June 20, 2022 Last amended on December 15, 2004 v Animal Pedigree TABLE OF PROVISIONS Failure to comply Regulations 57 Regulations Dissolution 58 Minister may order dissolution Miscellaneous 59 Registration on behalf of an association Notice of meetings and annual report Registration and other rights Indication of Minister’s approval Offences 63 No person shall keep records Prohibitions Unlawful use of names Offence and punishment Time for complaint Existing Associations 68 Application Deemed authority Examination of existing associations Situation of animal not covered by Act Situation of animal not of distinct breed Situation of more than one association Publication of names Transitional 75 By-laws Repeal Coming into Force *77 Coming into force Current to June 20, 2022 Last amended on December 15, 2004 v R.S.C. 1985, c. 8 (4th Supp.) An Act respecting associations animal pedigree Short Title Short title 1 This Act may be cited as the Animal Pedigree Act. Interpretation Definitions 2 In this Act, animal pedigree association or association means an association incorporated under this Act and includes an association amalgamated pursuant to section 25 and an association subject to the provisions of this Act by virtue of section 68; (association responsable de la généalogie des animaux ou association) Board means the Board of Directors of the Corporation; (Conseil) certificate of identification means a certificate of identification issued under the authority of this Act for an animal of an evolving breed; (certificat d’identification) certificate of registration means a certificate of registration issued under the authority of this Act for an animal of a distinct breed; (certificat d’enregistrement) Corporation means the Canadian Livestock Records Corporation established by section 35; (Société) embryo certificate means an embryo certificate issued under the authority of this Act; (certificat d’embryon) evolving breed means a group of animals in the process of evolving into a new breed; (race en voie de constitution) Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Interpretation Sections 2-3 foundation stock, in relation to a distinct breed, means such animals as are recognized by the Minister as constituting the breed’s original stock; (premiers éléments) identification means the recognition that an animal is an animal of an evolving breed; (identification) individual identification, in relation to an animal, means the distinguishing of the animal by (a) the marking or tagging of the animal, or (b) the noting, by any means, including the taking of photographs, of some or all of the animal’s physical characteristics; (identification particulière) Minister means the Minister of Agriculture and AgriFood; (ministre) pedigree, in relation to an animal, means genealogical information showing the ancestral line of descent of the animal; (dossier généalogique) prescribed means prescribed by the regulations; (prescrit) purebred, in relation to an animal of a distinct breed, means an animal that is a purebred of the breed as determined by the by-laws of the association authorized to register animals of that breed; (animal de race pure) registration means the recognition that an animal is an animal of a distinct breed; (enregistrement) semen certificate means a semen certificate issued under the authority of this Act. (certificat de semence) R.S., 1985, c. 8 (4th Supp.), s. 2; 1994, c. 38, s. 25. Purposes of Act Purposes of Act 3 The purposes of this Act are (a) to promote breed improvement, and (b) to protect persons who raise and purchase animals by providing for the establishment of animal pedigree associations that are authorized to register and identify animals that, in the opinion of the Minister, have significant value. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Purpose of Associations Sections 4-6 Purpose of Associations Principal purpose 4 The principal purpose of animal pedigree associations shall be the registration and identification of animals and the keeping of animal pedigrees. Scope of Associations Scope of associations 5 (1) An association may be incorporated under this Act in respect of a distinct breed, an evolving breed or one or more distinct breeds and one or more evolving breeds. Limit of one association per breed or evolving breed (2) Only one association may be incorporated in respect of each distinct breed and each evolving breed. Breeds must be of same species (3) Where an association is incorporated in respect of one or more distinct breeds and one or more evolving breeds, the distinct breeds and evolving breeds must all be of the same species. Incorporating an Association Requirements 6 (1) An association may be incorporated under this Act only if the Minister is satisfied (a) that the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated have significant value; (b) that the persons submitting the articles of incorporation in respect of the association represent the breeders throughout Canada of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated; and (c) that the keeping of pedigrees and other records in respect of the animals of each distinct breed and evolving breed in respect of which the association is sought to be incorporated would be beneficial to the breeders thereof and to the public-at-large. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Incorporating an Association Sections 6-8 Scientific genetic principles (2) An association may be incorporated in respect of a distinct breed only if the Minister is satisfied that the breed is a breed determined in accordance with scientific genetic principles. Special requirement with respect to evolving breeds (3) An association may be incorporated in respect of an evolving breed only if the Minister is satisfied that the requirements referred to in subsection (1) exist and that the creation, with genetic stability, of the new breed into which the animals of the evolving breed are intended to evolve is possible. Application to incorporate 7 (1) Subject to this Act, where five or more qualified persons desire to incorporate an association, they may make an application for that purpose by submitting articles of incorporation to the Minister. Qualifications of applicants (2) A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. R.S., 1985, c. 8 (4th Supp.), s. 7; 2001, c. 27, s. 204. Contents of articles of incorporation 8 Articles of incorporation must (a) be in the prescribed form; (b) set out, in respect of the proposed association, (i) the name of the association, (ii) the names and addresses of the persons submitting the articles of incorporation, (iii) the names and addresses of the first directors and officers of the association, (iv) the name of each distinct breed and evolving breed in respect of which the association is sought to be incorporated, and (v) where the application is in respect of an evolving breed, the physical description and genetic make-up of the new breed into which the animals of the evolving breed are intended to evolve; and Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Incorporating an Association Sections 8-12 (c) be submitted in triplicate in the prescribed manner. Certificate of incorporation 9 (1) Where the Minister is satisfied that the articles of incorporation of an association should be approved, the Minister shall issue a certificate of incorporation in respect thereof. Endorsement (2) Where the Minister issues a certificate of incorporation, the Minister shall (a) cause to be endorsed on each copy of the articles of incorporation a statement attesting that a certificate of incorporation has been issued in respect thereof; (b) cause two copies of the endorsed articles of incorporation to be filed in the Department of Agriculture and Agri-Food; (c) cause the remaining copy of the endorsed articles of incorporation to be returned to the association; and (d) cause a notice of the issuance of the certificate of incorporation to be published in the Canada Gazette. Effect of certificate (3) An association comes into existence on the date shown in its certificate of incorporation and the first directors and officers of the association are the directors and officers set out in the association’s articles of incorporation. R.S., 1985, c. 8 (4th Supp.), s. 9; 1994, c. 38, s. 26. Body Corporate Association is body corporate 10 Every association is a body corporate. Powers Powers 11 An association may do any act or thing necessary for, or incidental or conducive to, the carrying out of its purpose and business and affairs related thereto. Ownership and borrowing powers 12 Without restricting the generality of section 11, an association may Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Powers Sections 12-14 (a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs; (b) borrow money on the credit of the association and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for carrying out its business and affairs; and (c) mortgage or hypothecate, or create any security interest in, all or any property of the association to secure any obligation of the association. R.S., 1985, c. 8 (4th Supp.), s. 12; 2001, c. 4, s. 56. Use of Funds Use of funds 13 (1) An association may use its funds for any purpose calculated to advance the purpose of the association, including, without restricting the generality of the foregoing, using those funds for developing and promoting breed improvement programs, making grants to exhibitions and providing services to the breeders of the animals in respect of which the association has been incorporated. Profits (2) Subject to any by-laws providing for the remuneration of its directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association. 1985, c. 8 (4th Supp.), s. 13; 2004, c. 25, s. 2. Liability Limited liability 14 (1) The financial liability of a member of an association to the creditors of the association is limited to the amount of any fees owing to the association by the member and to the amount due from the member in respect of any services provided to the member by the association. Personal liability (2) No director, officer or employee of an association, or other person acting on behalf of an association, is personally liable for any act done in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions or for any default or Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Liability Sections 14-15 neglect in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions. By-laws Mandatory by-laws 15 (1) Every association incorporated under this Act shall, within one year after coming into existence, make by-laws (a) establishing requirements for membership in the association; (b) respecting the payment of dues by the members of the association and establishing the method of determining the amount thereof; (c) respecting the election, and the filling of vacancies, of directors and officers of the association and their powers, duties and functions; (d) respecting the time and place for the holding of general, annual and special meetings of the association, the calling of such meetings, the quorum for such meetings and the procedure for all business at such meetings; (e) respecting the consultation of the members of the association for the purpose of changing the association’s articles of incorporation, amalgamating with one or more other associations or dissolving the association; (f) respecting the making, amendment and repeal of the association’s by-laws; (g) respecting the place within Canada where the head office of the association is, and the places within Canada where the branch offices, if any, of the association are, to be situated; (h) fixing the fiscal year of the association; (i) respecting the keeping of the association’s articles of incorporation and the association’s by-laws, business records and books of accounts; (j) respecting the annual audit of the financial affairs of the association and the preparation of audited annual financial reports and statements of assets and liabilities; (k) establishing rules respecting the eligibility for the registration or identification, as the case may be, of animals by the association; Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree By-laws Section 15 (l) establishing the procedure to be followed in applications for the registration or identification, as the case may be, of animals by the association; (m) respecting the issuance of certificates of registration or certificates of identification, as the case may be, by the association and the amendment, transfer and cancellation of such certificates; (n) respecting the individual identification of animals registered or identified, as the case may be, by the association, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with; (o) respecting the keeping of pedigrees and breeding records by the association and its members and the inspection by the association of pedigrees and breeding records kept by its members; (p) respecting the recording of transfers of ownership of animals registered or identified, as the case may be, by the association; (q) respecting the payment of fees for certificates of registration and certificates of identification, as the case may be, for transfers of ownership and for all other services provided by the association, and establishing the method of determining the amount of those fees; and (r) for the administration and management of the business and affairs of the association. By-laws generally (2) Notwithstanding subsection (1), an association may make any by-law necessary for the conduct of its business and affairs, including, without restricting the generality of the foregoing, by-laws (a) respecting the promotion and establishment of breed improvement programs; (b) respecting the inspection of animals as a prerequisite to their registration or identification, as the case may be, by the association; (c) respecting performance standards that animals must meet as a prerequisite to their registration or identification, as the case may be, by the association; and (d) respecting the resignation, suspension and expulsion of any member of the association. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree By-laws Sections 15-17 Mandatory by-laws (3) Where an association keeps records of semen and embryos pursuant to section 33 and issues semen certificates and embryo certificates in respect thereof, the association shall do so only in accordance with its by-laws, and, for that purpose, the association shall make by-laws (a) respecting the recording and the individual identification of semen and embryos, the supervision of all practices in relation thereto and the manner in which unsatisfactory practices in relation thereto are to be dealt with; (b) respecting the issuance of semen certificates and embryo certificates, and the amendment, transfer and cancellation of those certificates; and (c) respecting the recording of transfers of ownership of semen and embryos by the association. When by-law has effect 16 (1) No by-law of an association and no amendment or repeal of any by-law of an association has any effect until it is approved by the Minister. Application for approval (2) An application to the Minister for approval of a bylaw or an amendment or repeal of a by-law must be accompanied by three copies of the proposed by-law, amendment or repeal. Minister may require evidence (3) Where the making, amendment or repeal of any bylaw of an association is, by reason of another by-law of the association, subject to any formality or requirement, the Minister may, before approving any by-law or any amendment or repeal of a by-law, require evidence by affidavit or statutory declaration that the formality or requirement in relation thereto has been complied with. Certificate of by-law approval (4) Where the Minister approves a by-law or an amendment or repeal of a by-law, the Minister shall issue a certificate of by-law approval, or a certificate of by-law repeal, as the case may be, in respect thereof. Effect of by-laws 17 The by-laws of an association bind every member of the association. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree By-laws Sections 18-20 Member’s right to inspect by-laws 18 The by-laws of an association shall, at all reasonable times, be made available to the members of the association for the purposes of inspection and making copies thereof. No fine or penalty 19 (1) No by-law of an association may impose any fine or monetary penalty of any kind and no fine or monetary penalty of any kind may be imposed by an association in respect of any non-compliance with its by-laws. Fees not fines (2) For the purposes of subsection (1), a fee referred to in paragraph 15(1)(q) is not a fine or a monetary penalty. Amendment of Articles of Incorporation Amendment of articles of incorporation 20 (1) An association that desires to amend its articles of incorporation for one or more of the following purposes, namely, (a) to change the association’s name, (b) to add the name of a distinct breed or evolving breed in respect of which the association is to be authorized to register or identify the animals thereof or to delete the name of any distinct breed or evolving breed that the association is authorized to register or identify the animals thereof, or (c) where the association is incorporated in respect of an evolving breed, to transform the association into an association incorporated in respect of a distinct breed, may make an application for that purpose by submitting articles of amendment to the Minister. Contents of articles of amendment (2) Articles of amendment submitted pursuant to subsection (1) must (a) be in the prescribed form; (b) set out the proposed amendment; (c) contain a statutory declaration attesting that the members of the association have been consulted in writing in the prescribed manner in relation to the proposed amendment, that twenty-five per cent or Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amendment of Articles of Incorporation Sections 20-21 more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and (d) be submitted in triplicate in the prescribed manner. Proof required (3) Where the amendment proposed in articles of amendment is the addition of the name of a distinct breed or evolving breed in accordance with paragraph (1)(b), the articles of amendment must be accompanied by proof that the association represents the breeders throughout Canada of the animals of the distinct breed or evolving breed. Deletion for certain purposes 21 (1) Where an association is authorized to register or identify animals of more than one distinct breed or evolving breed, the association or one or more members of the association may submit articles of amendment to delete the name of the distinct breed or evolving breed from the association’s articles of incorporation, (a) to allow for the making of an application for incorporation in respect of one of the distinct breeds or evolving breeds; or (b) to enable another association to amend its articles of incorporation to add the name of one of the distinct breeds or evolving breeds. Contents (2) Articles of amendment submitted pursuant to subsection (1) must (a) be in prescribed form; (b) set out the proposed amendment; (c) contain a statutory declaration attesting that the members of the association who are breeders of the distinct breed or evolving breed to which the proposed amendment relates have been consulted in writing in the prescribed manner in relation to the proposed amendment and that twenty-five per cent or more of those members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amendment; and (d) be submitted in the prescribed manner. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amendment of Articles of Incorporation Sections 21-23 Minister may determine entitlement (3) Where there is any dispute as to who is entitled to be consulted in relation to articles of amendment submitted pursuant to subsection (1), any member of the association may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned. Other documents must accompany 22 The Minister shall consider articles of amendment submitted pursuant to section 21 only if the articles of amendment are accompanied by (a) an application for incorporation in respect of the distinct breed or evolving breed to which the articles of amendment relate, or (b) articles of amendment to add the name of the distinct breed or evolving breed to which the articles of amendment relate to another association’s articles of incorporation and the Minister may approve the articles of amendment only if the Minister is satisfied that the application for incorporation or the other association’s articles of amendment should also be approved. Certificate of amendment 23 (1) Where the Minister is satisfied that articles of amendment should be approved, the Minister shall issue a certificate of amendment in respect thereof. Endorsement (2) Where the Minister issues a certificate of amendment, the Minister shall cause (a) to be endorsed on each copy of the articles of amendment a statement attesting that a certificate of amendment has been issued in respect thereof; (b) two copies of the endorsed articles of amendment to be filed in the Department of Agriculture and AgriFood; (c) the remaining copy of the endorsed articles of amendment to be returned to the association; and (d) a notice of the issuance of the certificate of amendment to be published in the Canada Gazette. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amendment of Articles of Incorporation Sections 23-24 Effect of certificate (3) An amendment is effective on the date shown in the certificate of amendment and the articles of incorporation of the association are amended accordingly. R.S., 1985, c. 8 (4th Supp.), s. 23; 1994, c. 38, s. 26. Association liable for debts 24 (1) Where articles of amendment are submitted pursuant to section 21 and a certificate of amendment is issued in respect thereof along with a certificate of incorporation in respect of the association established as a result of the application for incorporation referred to in paragraph 21(1)(a) or a certificate of amendment in respect of an association referred to in paragraph 21(1)(b), that association is liable for and shall, within one year after the effective date of the certificate of incorporation or certificate of amendment, pay to the association from whose articles of incorporation the name of the distinct breed or evolving breed was deleted an amount equal to the amount of that association’s total debts as of the day the certificate of amendment pertaining to the deletion becomes effective multiplied by the proportion that (a) the total number of registrations or identifications made by that association in relation to animals of the deleted distinct breed or evolving breed in the immediately preceding three years bears to (b) the total number of registrations and identifications made by that association in the immediately preceding three years. Minister may determine debts (2) Where no agreement can be reached as to the amount of the debts or the number of registrations and identifications, (a) any member of the association from whose articles of incorporation the name of the distinct breed or evolving breed is to be deleted, (b) any applicant in relation to the proposed new association, and (c) any member of the association to whose articles of incorporation the name of the distinct breed or evolving breed is to be added may request that the Minister make a determination thereof and any determination of the Minister is final and binding on all concerned. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amalgamations Section 25 Amalgamations Amalgamation of associations 25 (1) Two or more associations that desire to amalgamate and continue as one association may make an application for that purpose by submitting articles of amalgamation to the Minister. Contents of articles of amalgamation (2) Articles of amalgamation must (a) set out the names of the associations that desire to amalgamate; (b) be in the prescribed form; (c) set out, in respect of the proposed amalgamated association, (i) the name of the association, (ii) the name of every distinct breed and evolving breed in respect of which the association is deemed to be incorporated, and (iii) the association’s proposed by-laws in respect of the matters referred to in paragraphs 15(1)(a) to (q); (d) contain a statutory declaration attesting that the members of each of the associations that desire to amalgamate have been consulted in writing in the prescribed manner in relation to the proposed amalgamation and that, with respect to each association, twentyfive per cent or more of the members have responded in writing to the consultation and that at least two thirds of the members who responded have approved the proposed amalgamation; and (e) be submitted in triplicate in the prescribed manner. Attached declarations (3) Articles of amalgamation submitted to the Minister must be accompanied by a sworn statutory declaration by a director of each amalgamating association stating that the director believes on reasonable grounds (a) that the value of the assets of the director’s association exceeds the value of the association’s liabilities; (b) that no creditor of the director’s association will be prejudiced by the amalgamation; and Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amalgamations Section 25 (c) that adequate notice of the proposed amalgamation has been given to all known creditors of the director’s association and that no creditor objects to the amalgamation for other than frivolous or vexatious grounds. Adequate notice (4) For the purposes of paragraph (3)(c), adequate notice of a proposed amalgamation is given if a notice stating that an association intends to amalgamate with one or more specified associations and that creditors of the association may object to the amalgamation by filing an objection in writing with the association within thirty days after the date of the notice is (a) sent to each known creditor of the association whose claim against the association exceeds one thousand dollars; and (b) published once in a newspaper published or distributed in the place where the head office of the association is situated. Certificate of amalgamation (5) Where the Minister is satisfied that articles of amalgamation should be approved, the Minister shall issue a certificate of amalgamation in respect thereof. Endorsement (6) Where the Minister issues a certificate of amalgamation, the Minister shall (a) cause to be endorsed on each copy of the articles of amalgamation a statement attesting that a certificate of amalgamation has been issued in respect thereof; (b) cause two copies of the endorsed articles of amalgamation to be filed in the Department of Agriculture and Agri-Food; (c) cause the remaining copy of the endorsed articles of amalgamation to be returned to the amalgamated association; and (d) cause a notice of the issuance of the certificate of amalgamation to be published in the Canada Gazette. Effect of certificate (7) On the date shown in a certificate of amalgamation (a) the amalgamation of the amalgamating associations becomes effective and the amalgamated association comes into existence; Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Amalgamations Sections 25-29 (b) the property of each amalgamating association becomes the property of the amalgamated association; (c) the amalgamated association is liable for the obligations of each amalgamating association; (d) every existing cause of action, claim or liability to prosecution of or against an amalgamating association is unaffected; (e) every civil, criminal or administrative action or proceeding pending by or against an amalgamating association may be prosecuted by or against the amalgamated association; and (f) a conviction against, or ruling, order or judgment in favour of or against, an amalgamating association may be enforced by or against the amalgamated association. R.S., 1985, c. 8 (4th Supp.), s. 25; 1994, c. 38, s. 26. Deemed articles 26 For the purposes of this Act, the articles of amalgamation in respect of which a certificate of amalgamation has been issued shall be deemed to constitute the amalgamated association’s articles of incorporation. Registration Registration 27 The registration of animals of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed. Eligibility for registration 28 The by-laws of an association relating to the registration of animals of a distinct breed by the association may only provide for the registration of animals whose inheritance traces back to the foundation stock of the distinct breed. Certificates of registration 29 (1) An association that registers an animal may issue a certificate of registration to evidence the registration. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Registration Sections 29-30 Certificate is proof (2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of registration in respect of an animal named therein is proof that the animal is of the breed referred to in the certificate. Form and contents of certificates of registration (3) A certificate of registration issued by an association shall be in such form and contain such information as the association requires by its by-laws, but every certificate of registration must set out (a) the name of the association; (b) the animal’s name and particulars of the animal’s individual identification; (c) the animal’s date of birth, sex and registration number; (d) the names and registration numbers of the animal’s parents or, if the name and registration number of one of the parents are unknown, a statement to that effect; and (e) the name of the animal’s owner. Additional information (4) In addition to the information referred to in subsection (3), a certificate of registration issued by an association in respect of an animal of a distinct breed for which purebred is defined in the association’s by-laws must also set out the following information: (a) if the animal is a purebred, a statement to that effect; and (b) if the animal is other than a purebred, its percentage of purebred inheritance. Purebred Status Purebred status 30 (1) Subject to subsection (2), the determination of what is a purebred of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed. Minimum inheritance (2) No association may, by its by-laws, determine that an animal is a purebred of a distinct breed if the animal has less than seven-eighths of its inheritance from the Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Purebred Status Sections 30-33 foundation stock of the animal’s breed or from animals previously registered as purebreds by the association. Identification Identification 31 The identification of animals of an evolving breed shall be in accordance with the by-laws of the association incorporated in respect of that evolving breed. Certificates of identification 32 (1) An association that identifies an animal may issue a certificate of identification to evidence the identification. Certificate is proof (2) Unless cancelled, and in the absence of any proof to the contrary, a certificate of identification in respect of an animal named therein is proof that the animal is in the process of evolving into a new breed as an animal of the evolving breed referred to in the certificate. Form and contents of certificates of identification (3) A certificate of identification issued by an association in respect of an animal shall be in such form and contain such information as the association requires by its bylaws, but every certificate of identification must set out (a) the name of the association; (b) the animal’s name and particulars of the animal’s individual identification; (c) the animal’s date of birth, sex and identification number; (d) the names and identification numbers of the animal’s parents, if known, or, if unknown, a statement to that effect; and (e) the name of the animal’s owner. Semen and Embryos Semen and embryos 33 (1) An association may keep records of semen and records of embryos in respect of the animals of any distinct breed or evolving breed it is authorized to register or identify. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Semen and Embryos Sections 33-34 Semen certificates and embryo certificates (2) An association that keeps records of semen and records of embryos may, with respect to any semen or embryo recorded by it, issue a semen certificate or an embryo certificate, as the case may be, to evidence the recording. Form and contents of semen certificates and embryo certificates (3) A semen certificate and an embryo certificate issued by an association in respect of semen or an embryo shall be in such form and contain such information as the association requires by its by-laws, but every certificate must set out (a) the name of the association; and (b) the name of the owner of the semen or embryo. Recognition of New Breeds Request for recognition of new breed 34 (1) Where an association incorporated in respect of an evolving breed determines that animals it has identified have evolved to the point of constituting the new breed into which they were intended to evolve, the association may request that the Minister examine the animals with a view to recognizing the new breed. Articles of amendment (2) Any association making a request under subsection (1) may, at the time of making the request or at any time thereafter, file with the Minister articles of amendment to transform the association into an association incorporated in respect of the new breed to which the request relates. Recognition (3) Where the Minister is satisfied that the animals that are the subject of a request under subsection (1) have evolved into the new breed and that there are sufficient numbers of such animals to constitute the foundation stock of the new breed, the Minister may recognize the new breed and, if articles of amendment referred to in subsection (2) have been filed, issue a certificate of amendment in respect thereof. Minister must be satisfied (4) In determining whether animals have evolved into a new breed the Minister must be satisfied that the animals Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Recognition of New Breeds Sections 34-36 bear a physical resemblance to and have the same genetic make-up as the breed into which the animals were intended to evolve, and that the animals have been reproducing with genetic stability. Association may continue to identify animals (5) Notwithstanding that a certificate of amendment has been issued to an association in respect of articles of amendment referred to in subsection (2), the Minister may, for such period as the Minister may specify, authorize the association to continue to identify animals for the purposes of adding, subject to the Minister’s approval, to the new breed’s foundation stock. Canadian Livestock Records Corporation Corporation Established Corporation established 35 (1) There is hereby established a corporation to be known as the Canadian Livestock Records Corporation. Corporation is successor to the CNLSR (2) The Corporation is the successor to the affiliation known as the Canadian National Live Stock Records and all the rights and obligations of the Canadian National Live Stock Records are the rights and obligations of the Corporation. Not agent of Her Majesty (3) The Corporation is not an agent of Her Majesty. Head office (4) The head office of the Corporation shall be at such place in Canada as may be designated in the by-laws of the Corporation. Purpose Purpose 36 The purpose of the Corporation is to perform services for and on behalf of (a) the members of the Corporation; and (b) subject to section 51, breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Canadian Livestock Records Corporation Purpose Sections 36-39 Powers Powers 37 The Corporation may do any act or thing necessary for, or incidental or conducive to, the carrying out of its purpose and business and affairs related thereto and, without restricting the generality of the foregoing, the Corporation may, including with respect to animals of any distinct breed or evolving breed in respect of which there is no association, (a) keep pedigrees and other records; (b) issue certificates of registration, certificates of identification, embryo certificates, semen certificates and transfers of ownership in respect thereof; and (c) do anything that any association under this Act may lawfully do. Ownership and borrowing powers 38 Without restricting the generality of section 37, the Corporation may (a) acquire, hold and dispose of real, personal, movable and immovable property necessary for the carrying out of its business and affairs; (b) borrow money on the credit of the Corporation and draw, make, accept, endorse and execute promissory notes, bills of exchange and other negotiable instruments necessary for the carrying out of its business and affairs; and (c) mortgage or hypothecate, or create any security interest in, all or any property of the Corporation to secure any obligation of the Corporation. R.S., 1985, c. 8 (4th Supp.), s. 38; 2001, c. 4, s. 57. Use of Funds Use of funds 39 (1) The Corporation may use the funds of the Corporation for any purpose calculated to advance the purpose of the Corporation. Profits (2) Subject to any by-laws providing for the remuneration of the Corporation’s Current to June 20, 2022 Last amended on December 15, 2004 directors, officers and Animal Pedigree Canadian Livestock Records Corporation Use of Funds Sections 39-40 employees, and its agents or mandataries, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation, and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation. 1985, c. 8 (4th Supp.), s. 39; 2004, c. 25, s. 3. Board of Directors Board of Directors 40 (1) There shall be a Board of Directors of the Corporation consisting of seven directors, six of whom are to be elected by the members of the Corporation and one of whom is to be appointed by the Minister to represent the interests of the Minister and breeders and owners of animals of any distinct breed or evolving breed in respect of which there is no association. Eligibility (2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may be a director of the Corporation. Term of office (3) The term of office of a director elected by the members of the Corporation is two years, except that at the first election of directors, three of the directors shall be elected for a term of one year. Re-election (4) A director elected by the members of the Corporation and whose term of office has expired is eligible for reelection. First directors (5) The first members of the Board of Directors of the Corporation shall be the members of the Canadian National Live Stock Records Committee immediately prior to the coming into force of this Act and terms of office shall expire when members of the Board of Directors of the Corporation are appointed at the first meeting of the members of the Corporation. Re-election (6) A member of the Board of Directors referred to in subsection (5) is eligible for reelection at the meeting referred to in that subsection. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Canadian Livestock Records Corporation Board of Directors Sections 40-43 First meeting (7) The first meeting of the members of the Corporation shall be held as soon as possible after the day this Act comes into force, but not later than one year after that day, for the purpose of electing directors in accordance with subsection (1) and for such other purpose as the members consider appropriate. R.S., 1985, c. 8 (4th Supp.), s. 40; 2001, c. 27, s. 205. Chairman 41 The Board shall elect a Chairman from among the directors. Duties and powers of Board 42 The Board shall direct and manage the business and affairs of the Corporation and may for those purposes exercise all the powers of the Corporation. By-laws By-laws 43 (1) The Board shall make by-laws (a) for the administration and management of the business and affairs of the Corporation; (b) respecting the holding of meetings of the Board, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined; (c) respecting the holding of general and special meetings of the members of the Corporation, the quorum at such meetings and the manner in which questions considered at such meetings shall be determined; (d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation; (e) respecting the payment of fees for services performed by the Corporation and establishing the method of determining the amount of those fees; and (f) for the conduct in all other particulars of the business and affairs of the Corporation. When by-law has effect (2) No by-law of the Corporation has any effect until it is approved by the Minister. 1985, c. 8 (4th Supp.), s. 43; 2004, c. 25, s. 4. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Canadian Livestock Records Corporation General Manager Sections 44-46 General Manager General Manager 44 (1) The Board shall appoint a General Manager of the Corporation. Duties (2) The General Manager of the Corporation has, on behalf of the Board, responsibility for the direction and management of the business and affairs of the Corporation, and authority to act in all matters that are not by the by-laws or by resolution of the Board specifically reserved to be done by the Chairman of the Board or the Board itself. Members Membership eligibility 45 (1) Only an association may be a member of the Corporation and every association is eligible to be a member. First members (2) The first members of the Corporation are the associations affiliated under the Canadian National Live Stock Records immediately before the coming into force of this Act. Voting Number of votes 46 Each association that is a member of the Corporation shall, for all purposes, have voting rights as follows: (a) where the association has two hundred members or less, one vote; (b) where the association has more than two hundred members but not more than five hundred members, two votes; (c) where the association has more than five hundred members but not more than one thousand members, three votes; (d) where the association has more than one thousand members but not more than one thousand five hundred members, four votes; and (e) where the association has more than one thousand five hundred members, five votes. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Canadian Livestock Records Corporation Voting Sections 47-50 Election of directors 47 (1) The candidates for directors to be elected by the members of the Corporation shall be the persons nominated therefor by the members of the Corporation and the elected directors shall be those nominated persons who receive the largest number of votes. Distribution of votes (2) For the purpose of electing directors, a member of the Corporation with more than one vote may cast its votes in favour of one candidate or distribute them among the candidates in any manner. Termination of Membership Termination of membership 48 (1) An association shall cease to be a member of the Corporation if (a) the association gives the Corporation notice of its intention to cease being a member at least ninety days prior to the effective date thereof or such longer notice as the by-laws of the Corporation may require; and (b) the association has no outstanding debt owing to the Corporation. Records to be returned (2) Where an association ceases to be a member of the Corporation, the Corporation shall, on request therefor, provide the association with all of the Corporation’s records relating to that association. Annual Meeting Annual meeting 49 The members of the Corporation shall meet at least once a year. Liability Personal liability 50 No member of the Board, General Manager of the Corporation or officer or employee of the Corporation, or other person acting on behalf of the Corporation, is personally liable for any act done in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions or for any default or neglect in good faith in the exercise of any of that person’s powers or the performance of that person’s duties and functions. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Canadian Livestock Records Corporation General Stud and Herd Book Sections 51-52 General Stud and Herd Book General Stud and Herd Book 51 (1) The Minister may (a) authorize the Corporation to exercise the powers referred to in section 37 in relation to such distinct breeds and evolving breeds as the Minister, applying scientific genetic principles, may designate and for which there is no association; (b) authorize the Corporation to establish a General Stud and Herd Book for the keeping of pedigree records of the distinct breeds and evolving breeds referred to in paragraph (a); and (c) establish rules of eligibility for registration and identification of animals in the General Stud and Herd Book. Records to be handed over (2) On the incorporation of an association in respect of a distinct breed or evolving breed referred to in subsection (1), the Corporation shall hand over to the association all records that have been kept in relation thereto. Administration Inspections 52 (1) The Minister may, at any time, undertake such inspections and examinations of the business and affairs of any association, or of the Corporation, as the Minister deems appropriate, including, without restricting the generality of the foregoing, inspections into and examinations of (a) the manner in which the registration or identification, as the case may be, of animals is carried out by any association or by the Corporation; (b) the manner in which the individual identification of animals is carried out and supervised by any association or by the Corporation; and (c) the private breeding records of any member of an association. Right to require information and documents (2) In the course of an inspection or examination pursuant to subsection (1), the Minister may require any person (a) to furnish any information that, in the opinion of the Minister, the person may be able to furnish in Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Administration Sections 52-53 relation to the matter being inspected or examined; and (b) to produce, for examination by the Minister, any document, paper or thing that, in the opinion of the Minister, relates to the matter being inspected or examined and that may be in the possession or under the control of that person. Return of document, etc. (3) Any document, paper or thing produced by any person pursuant to this section shall be returned to that person by the Minister within ten days after a request is made to the Minister by that person, but nothing in this section precludes the Minister from again requiring its production in accordance with this section. Right to make copies (4) The Minister may make copies of any document, paper or thing produced pursuant to this section. Right to enter (5) For the purposes of this section, the Minister may, at any reasonable time, enter any premises occupied by any association or by the Corporation and carry out therein an inspection or examination. Warrant required to enter dwelling-house (6) Where the premises referred to in subsection (5) are a dwelling-house, the Minister or any person acting on the Minister’s behalf may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7). Authority to issue warrant (7) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that entry to the dwelling-house is necessary for any purpose related to the carrying out of an inspection or examination, and (b) 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 may issue a warrant under the justice’s hand authorizing the Minister or a person acting on the Minister’s behalf and named therein to enter that dwellinghouse subject to such conditions as may be specified in the warrant. Inquiries 53 The Minister may appoint a person to hold an inquiry into the manner in which any association is or has Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Administration Sections 53-58 been conducting its business, and every person so appointed has, for the purposes of the inquiry, all the powers of a commissioner under Part I of the Inquiries Act. Powers of Minister 54 On the conclusion of an inspection or examination pursuant to section 52 or an inquiry under section 53, the Minister may take, or may, by order, direct any association or the Corporation to take, such action as the Minister considers necessary. Directions to associations 55 On being satisfied that an association has for any period failed to conduct its business and affairs in accordance with the provisions of its by-laws or this Act, or has failed for a period of twelve months to carry on its business and affairs, the Minister may, by order, make such direction to the association as seems proper to the Minister in the interest of the association’s purpose. Failure to comply 56 Where a direction of the Minister under section 54 or 55 contains a time limit and an association fails to carry out the direction within that time limit, the Minister may take over the property and carry on the business and affairs of the association for such time as the Minister considers appropriate. Regulations Regulations 57 The Minister may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations (a) prescribing anything that by this Act is to be prescribed; and (b) respecting the dissolution of associations under this Act. Dissolution Minister may order dissolution 58 (1) The Minister may, by order, declare the corporate powers of any association to be terminated in any of the following circumstances: (a) where the association has failed to make by-laws in accordance with section 15 within one year after coming into existence; Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Dissolution Sections 58-59 (b) where the Minister is satisfied that the association has failed for any period to conduct its business and affairs in accordance with the provisions of its by-laws or this Act; (c) where the Minister is satisfied that the association has failed for a period of twelve months to carry on business; (d) where the association has failed to carry out any direction of the Minister under section 54 or 55 in the time, if any, specified in the direction; or (e) on petition therefor by the association supported by a resolution to that effect passed by at least two thirds of the members of the association. Dissolution in accordance with regulations (2) Where the Minister declares the corporate powers of an association to be terminated, the affairs of the association shall be wound up and the association shall be dissolved in accordance with regulations made pursuant to paragraph 57(b). Distribution of assets (3) Where an association is dissolved, any property of the association that remains after the payment of the association’s debts and liabilities shall be transferred to such other association with a similar purpose or to such charity as the Minister may specify in writing. Miscellaneous Registration on behalf of an association 59 (1) An association may, with the consent of the Minister, authorize any other association to register or identify, on the association’s behalf, the animals of any distinct breed or evolving breed in respect of which the association is incorporated. By-laws (2) Where an association is authorized to register or identify animals on behalf of another association, the association shall do so in accordance with the other association’s by-laws relating to registration and identification. Ability to contract (3) Nothing in subsection (1) shall preclude any association from entering into any other contract or arrangement for the normal conduct of its business and affairs. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Miscellaneous Sections 60-62 Notice of meetings and annual report 60 Every association shall send to the Minister (a) at the same time and in the same manner as it sends to its members, notices of meetings setting out proposed amendments to its by-laws; and (b) immediately after each annual meeting, a copy of the annual report, including an audited financial statement, together with a list of the directors and officers of the association and, where the association is a member of the Corporation, the name or names of the association’s voting representatives. Registration and other rights 61 Notwithstanding anything in the by-laws of an association, no person shall be denied the right to have registered, to have identified or to transfer the ownership of any animal unless that person (a) is, at the time the right is denied, in arrears of any fees owing to the association; or (b) has contravened (i) a by-law of the association relating to (A) the eligibility for registration or identification, as the case may be, of animals by the association, (B) the individual identification of animals, or (C) the keeping of private breeding records, (ii) any provision of this Act or the regulations, or (iii) any provision of the Health of Animals Act or the regulations thereunder relating to the identification, within the meaning of that Act, or testing of animals. R.S., 1985, c. 8 (4th Supp.), s. 61; 1994, c. 38, s. 13. Indication of Minister’s approval 62 (1) Where the Minister, on the completion of an inspection or examination pursuant to paragraph 52(1)(a), is satisfied that animals are being registered or identified, as the case may be, by an association in a manner that is acceptable to the Minister, the Minister may authorize the association to show on its certificates that the association’s system of registration or identification, as the case may be, has been approved by the Minister. Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Miscellaneous Sections 62-64 Form (2) An approval referred to in subsection (1) must be in a form satisfactory to the Minister and the Minister may at any time and for any reason order an association to cease using the approval on its certificates. Offences No person shall keep records 63 (1) Except as authorized by this Act, where an association is authorized by this Act to register or identify animals of a distinct breed or evolving breed, no person shall keep pedigrees in respect of animals of that distinct breed or evolving breed or issue any document purporting to evidence that a particular animal is of that distinct breed or evolving breed or so closely resembling a certificate of registration, or certificate of identification, as the case may be, that it would likely be mistaken for such a certificate. No person shall issue document (2) No person shall issue in respect of any animal any document of any kind likely to deceive the public into believing that the document is a certificate of registration or certificate of identification in respect of the animal or that the animal is registered or identified under the authority of this Act. Prohibitions 64 No person shall (a) knowingly sign or present, or cause or procure to be signed or presented, to a recording officer of any association or of the Corporation any declaration or application in relation to the registration, identification or transfer of ownership of any animal, semen or embryo that contains any material false statement or representation; (b) knowingly represent that a certificate of registration or certificate of identification applies to an animal other than the one in respect of which it was issued; (c) knowingly represent that a semen certificate or embryo certificate applies to any semen or embryo other than the semen or embryo in respect of which it was issued; (d) falsify or alter any certificate of registration, certificate of identification, semen certificate or embryo certificate; Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Offences Sections 64-66 (e) without an express statement that the animal’s registration or identification is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as eligible to be registered or identified, within or outside the meaning of this Act, any animal that is not registered or identified, or eligible to be registered or identified; (f) offer to sell, contract to sell or sell, as recorded, or as eligible to be recorded, in the books of any association, or of the Corporation, any semen or embryo that is not recorded or eligible to be recorded in those books; (g) knowingly offer to sell, contract to sell or sell any animal in a manner that is likely to create an erroneous impression that the animal is registered or eligible to be registered; (h) offer to sell, contract to sell or sell, as a purebred of a breed, any animal that is not registered or eligible to be registered as a purebred by the association authorized to register animals of that breed or by the Corporation; (i) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as a purebred, any animal for which there is no individual identification in accordance with the by-laws of the association that has registered or identified the animal; and (j) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada and that the animal will not be registered or identified in Canada by the person, sell, as registered or identified, or as eligible to be registered or identified, or as a purebred, any animal without providing to the buyer thereof within six months after the sale the animal’s duly transferred certificate of registration or certificate of identification. Unlawful use of names 65 No person shall, without lawful authority, use the name of the Corporation or the name of any association or any name so clearly resembling the name of the Corporation or the name of an association in a manner that is likely to deceive the public. Offence and punishment 66 (1) Any person who contravenes any provision of this Act or the regulations Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Offences Sections 66-71 (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twentyfive thousand dollars; or (b) is guilty of an indictable offence and liable to a fine not exceeding fifty thousand dollars. Value to be considered (2) In determining the fine in relation to an offence under any of sections 63 to 65, the judge making the determination shall take into account the value, or purported value, of the animal, semen or embryo to which the offence relates. Time for complaint 67 The provisions of the Criminal Code prescribing a time limit for making a complaint or laying an information in respect of offences punishable on summary conviction do not apply to proceedings in respect of an offence under this Act. Existing Associations Application 68 (1) The provisions of this Act apply to every association to which the Livestock Pedigree Act applied immediately before the coming into force of this Act. Deemed articles of association (2) The application filed with the Department of Agriculture of every association referred to in subsection (1) is deemed to constitute the association’s articles of incorporation for the purposes of this Act. Deemed authority 69 Subject to sections 70 to 73, every association referred to in section 68 is deemed to be authorized to register or identify animals of the distinct breeds referred to in its articles of incorporation. Examination of existing associations 70 Forthwith after the coming into force of this Act the Minister shall examine the articles of incorporation of every association referred to in section 68 in order to determine whether each such association may properly continue in existence by reason of sections 3 to 5. Situation of animal not covered by Act 71 (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed or of an evolving breed, the Minister shall, by order, direct the association to cease Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Existing Associations Sections 71-73 issuing certificates of registration in respect of those animals. Order of dissolution (2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) refer only to the animals referred to in the order, the Minister shall, by order, direct the association to be dissolved in accordance with regulations made pursuant to paragraph 57(b). Situation of animal not of distinct breed 72 (1) Where, in the course of the examination referred to in section 70, the Minister determines that the animals referred to in an association’s articles of incorporation are not of a distinct breed but are of an evolving breed, the Minister shall, by order, direct the association to cease issuing certificates of registration in respect of those animals. Notification (2) Where the Minister issues an order under subsection (1), the Minister shall forthwith cause the association that is the subject of the order to be notified by registered mail that the Minister intends to dissolve the association unless the association files, within 60 days after the date of the mailing of the notice, articles of amendment to transform the association into an association incorporated in respect of the evolving breed. Situation of more than one association 73 (1) Where, in the course of the examination referred to in section 70, the Minister determines that the articles of incorporation of more than one association refer to the same distinct breed, the Minister, taking into account the purposes of this Act and any other consideration the Minister deems appropriate, shall, by order, designate one of the associations as the association authorized to register the animals of the breed and direct the other association, or associations, as the case may be, to cease issuing certificates of registration in respect of animals of that breed. Order of dissolution (2) Where the articles of incorporation of an association that is the subject of an order under subsection (1) directing it to cease issuing certificates of registration in respect of animals of a distinct breed refer only to that distinct breed, the Minister shall by order direct that the association be dissolved in accordance with regulations made pursuant to paragraph 57(b). Current to June 20, 2022 Last amended on December 15, 2004 Animal Pedigree Existing Associations Sections 74-77 Publication of names 74 As soon as practical after the examination referred to in section 70 the Minister shall cause to be published in the Canada Gazette the name of every association referred to in section 68 that, in the opinion of the Minister, may properly continue in existence and the name of each distinct breed and evolving breed in respect of which each such association is authorized to register and identify animals. Transitional By-laws 75 (1) The by-laws of an association referred to in section 68 that are in force immediately before the coming into force of this Act remain in force until repealed but the provisions of this Act dealing with the amendment or repeal of by-laws apply thereto. Validity of certificates of registration (2) Nothing in subsection 29(3) affects the validity of any certificate of registration issued by an association referred to in section 68 before the coming into force of this Act. Status of existing purebreds not affected (3) Nothing in subsection 30(2) affects the status of any animal registered as purebred by an association referred to in section 68 before the coming into force of this Act. Repeal 76 [Repeal] Coming into Force Coming into force 77 This Act shall come into force on a day to be fixed by proclamation. * * [Note: Act in force July 1, 1988, see SI/88-124.] Current to June 20, 2022 Last amended on December 15, 2004

CONSOLIDATION Federal-Provincial Fiscal Arrangements Act, 1972 S.C. 1972, 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 making of certain fiscal payments to provinces, to authorize the entry into tax collection agreements with provinces, and to amend the Established Programs (Interim Arrangements) Act Short Title 1 Short title Interpretation 2 Definitions PART I Provincial Revenue Equalization Payments 3 Provincial revenue equalization payments Calculation of payments PART II Provincial Revenue Stabilization Payments 5 Provincial revenue stabilization payments Calculation of payments Application of former Act PART III Tax Collection Agreements 8 Personal income and corporation income tax collection agreements Succession duty and gift tax collection agreements Advance payments under agreements PART IV Provincial Tax Revenue Guarantee Payments 11 Provincial tax revenue guarantee payments Current to June 20, 2022 ii Federal-Provincial Fiscal Arrangements, 1972 TABLE OF PROVISIONS Calculation of provincial tax revenue guarantee payment Eligibility for payment Eligibility for payment Specified converted rate Definitions Subsection 12(2) not applicable PART V Transfer Payments with Respect to Tax on 1971 Undistributed Income on Hand 18 Transfer payments in respect of tax under Part IX of Income Tax Act Calculation of payments Recovery of refunds made under Part IX of Income Tax Act Meaning of certain words and expressions PART VI Post-Secondary Education Adjustment Payments 22 Post-secondary education adjustment payments Adjustment payments Limitation on amount of federal contribution Operating expenditures Federal revenue reduction Determination of operating expenditures Failure to file return Report of Minister of Supply and Services Definitions Application of former Act PART VII General Regulations 32 Regulations Current to June 20, 2022 iv Federal-Provincial Fiscal Arrangements, 1972 TABLE OF PROVISIONS Payment out of Consolidated Revenue Fund 33 Payment out of Consolidated Revenue Fund Established Programs (Interim Arrangements) Act Current to June 20, 2022 v S.C. 1972, c. 8 An Act to authorize the making of certain fiscal payments to provinces, to authorize the entry into tax collection agreements with provinces, and to amend the Established Programs (Interim Arrangements) Act [Assented to 29th March 1972] 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 Federal-Provincial Fiscal Arrangements Act, 1972. Interpretation Definitions 2 In this Act, fiscal year means the period commencing with the 1st day of April in one year and ending with the 31st day of March in the next following year; (année financière) former Act means the Federal-Provincial Fiscal Arrangements Act, chapter F-6 of the Revised Statutes of Canada, 1970; (ancienne loi) Income Tax Act means the Income Tax Act of Canada; (Loi de l’impôt sur le revenu) Minister means the Minister of Finance; (Ministre) Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 Interpretation Sections 2-4 prescribed means prescribed by the regulations; (prescrit) province does not include the Northwest Territories or the Yukon Territory. (province) PART I Provincial Revenue Equalization Payments Provincial revenue equalization payments 3 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, a provincial revenue equalization payment not exceeding the amount computed in accordance with section 4. Calculation of payments 4 (1) The provincial revenue equalization payment that may be paid to a province for a fiscal year is an amount determined by the Minister in accordance with the following rules: (a) determine the proportion, as a percentage, that the population of the province for the fiscal year is of the population of all the provinces for the fiscal year; (b) determine the proportion, as a percentage, that the revenue base for each revenue source for the province for the fiscal year is of the revenue base for that revenue source for all the provinces for the fiscal year; (c) determine the difference between the population percentage determined under paragraph (a) and, for each revenue source for the province for the fiscal year, the revenue base percentage determined under paragraph (b) (which difference, in the event that the population percentage so determined exceeds for any such revenue source the revenue base percentage determined under paragraph (b), is referred to in this subsection as a “fiscal capacity deficiency” with respect to that revenue source and, in any other event, is referred to in this subsection as a “fiscal capacity excess” with respect thereto); (d) determine the aggregate of the products obtained by multiplying, for each revenue source for the fiscal year with respect to which the province has a fiscal capacity deficiency, the total revenue from that revenue source for all the provinces for the fiscal year by the Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 fiscal capacity deficiency of the province for the fiscal year with respect to that revenue source; (e) determine the aggregate of the products obtained by multiplying, for each revenue source for the fiscal year with respect to which the province has a fiscal capacity excess, the total revenue from that revenue source for all the provinces for the fiscal year by the fiscal capacity excess of the province for the fiscal year with respect to that revenue source; and the amount, if any, by which the amount determined under paragraph (d) exceeds the amount determined under paragraph (e) is the provincial revenue equalization payment that may be paid to the province for the fiscal year. Allocation of total revenues to be equalized among all revenue sources (2) The Minister shall, for each fiscal year, allocate the total revenues to be equalized for the fiscal year among all revenue sources in such a manner that the aggregate of the total revenues derived by all the provinces for the fiscal year from each of those revenue sources is equal to the total revenues to be equalized for the fiscal year. Definitions (3) In this section, revenue base for a revenue source for a province for a fiscal year has the meaning given to that expression by the regulations; (assiette) revenue source means any of the following sources from which provincial revenues are or may be derived, namely: (a) personal income taxes, (b) corporation income taxes, (c) general and miscellaneous sales taxes, tobacco taxes and amusement taxes, (d) motive fuel taxes, (e) motor vehicle licensing revenues, (f) alcoholic beverage revenues including profits of provincial liquor boards, (g) hospital and medical care insurance premiums, (h) succession duties and gift taxes, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 (i) race track taxes, (j) forestry revenues, (k) revenues identifiable as oil revenues and consisting of royalties, licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights owned by the Crown in right of the province, (k.1) revenues identifiable as oil revenues and consisting of licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights held otherwise than by the Crown in right of the province, (l) revenues identifiable as natural gas revenues and consisting of royalties, licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights owned by the Crown in right of the province, (l.1) revenues identifiable as natural gas revenues and consisting of licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights that are held otherwise than by the Crown in right of the province, (m) sales of Crown leases and reservations on oil and natural gas lands, (n) oil and gas revenues, other than those described in paragraphs (k), (k.1), (l), (l.1) and (m), (o) metallic and non-metallic mineral revenues, (p) water power rentals, (q) payroll taxes, taxes on premiums receivable by insurance companies, real property taxes and other miscellaneous provincial taxes, (r) miscellaneous revenues from natural resources, concessions and franchises, sales of provincial goods and services, remittances from government enterprises (other than provincial liquor boards) and other miscellaneous provincial revenues except remittances in respect of oil or natural gas revenues, (s) revenues of the Government of Canada from any of the sources referred to in paragraph (a) to (r) that are shared by Canada with the provinces, and (t) school purpose taxes, except that any description of a revenue source as set out in paragraph (q), (r) or (s) may be revised or altered by Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 the regulations so as to constitute two or more separate revenue sources; (source de revenu) total revenue from a revenue source for all the provinces for a fiscal year means the total revenue derived by all the provinces for the fiscal year from that revenue source as determined by the Minister pursuant to an allocation under subsection (2); (revenu total) total revenues to be equalized for a fiscal year means the total revenues, as determined by the Minister, derived by all the provinces for the fiscal year from all revenue sources, except that (a) in the case of succession duties and gift taxes, the revenue therefrom for all the provinces for the fiscal year shall be deemed to be (i) for the fiscal year commencing with April 1, 1972, the revenue therefrom for all the provinces for that fiscal year, (ii) for the fiscal year commencing with April 1, 1973, the average of the revenues therefrom for all the provinces for that fiscal year and for the immediately preceding fiscal year, and (iii) for any other fiscal year, the average of the revenues therefrom for all the provinces for that fiscal year and for each of the two immediately preceding fiscal years, (b) in the case of sales of Crown leases and reservations on oil and natural gas lands, the revenue therefrom for all the provinces for the fiscal year shall be deemed to be the average of the revenues therefrom, as computed for the purpose of paragraph (d) where applicable, for all the provinces for that fiscal year and for each of the two immediately preceding fiscal years, (c) in the case of personal income taxes and corporation income taxes, the Minister may deduct from the amount that, but for this paragraph, would be the revenue therefrom for all the provinces for the fiscal year, the amount, as estimated by him, by which the revenues derived by Canada under the Income Tax Act from personal income taxes for the taxation year ending in the fiscal year and from corporation income taxes for taxation years ending in the calendar year that ends in the fiscal year, are less than the revenues that would have been derived by Canada thereunder from those taxes if no special abatement of those taxes had been provided under the Income Tax Act or any other Act of the Parliament of Canada for the purpose of facilitating the financing by a province of certain prescribed programs, and Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 (d) in the case of the revenue sources described in paragraphs (k), (k.1), (l), (l.1), (m) and (n) of the definition revenue source, the revenue from each such source for all the provinces for the fiscal year shall be deemed to be an amount equal to the aggregate of (i) the basic revenue from each such revenue source for all the provinces for the fiscal year, and (ii) one-third of the additional revenue from each such revenue source for all the provinces for the fiscal year. (revenus totaux devant faire l’objet de la péréquation) Determination of population (4) For the purposes of this section, the population of a province (a) for a fiscal year in which a census thereof was taken, is the population as ascertained by the census, and (b) for any other fiscal year, is the population as of the 1st day of June in that year as finally determined by the Chief Statistician of Canada following the next ensuing census. Basic revenue determined (4.1) For the purposes of this section, (a) in the case of the revenue source described in paragraph (k) of the definition revenue source, the basic revenue from that revenue source for all the provinces for a particular fiscal year is the amount, as determined by the Minister but subject to subsection (4.3), that is equal to the product obtained when the actual revenue of all the provinces for the fiscal year commencing on April 1, 1973 that would have been allocated to that revenue source if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, is multiplied by (i) the quotient obtained when the number representing the volume of the marketable production of crude oil, synthetic crude oil and condensate in all Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 the provinces for the calendar year ending in that particular fiscal year from lands for which the mineral rights are owned by the Crown in right of any province is divided by the number representing the volume of the marketable production of crude oil, synthetic crude oil and condensate in all the provinces for the 1973 calendar year from lands for which the mineral rights are owned by the Crown in right of any province, or (ii) one, if the quotient obtained under subparagraph (i) is less than one; (b) in the case of the revenue source described in paragraph (k.1) of the definition revenue source, the basic revenue from that revenue source for all the provinces for a particular fiscal year is the amount, as determined by the Minister but subject to subsection (4.3), that is equal to the product obtained when the actual revenue of all the provinces for the fiscal year commencing on April 1, 1973 that would have been allocated to that revenue source if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, is multiplied by (i) the quotient obtained when the number representing the volume of the marketable production of crude oil, synthetic crude oil and condensate in all the provinces for the calendar year ending in that particular fiscal year from lands for which the mineral rights are held otherwise than by the Crown is divided by the number representing the volume of the marketable production of crude oil, synthetic crude oil and condensate in all the provinces for the 1973 calendar year from lands for which the mineral rights are held otherwise than by the Crown, or (ii) one, if the quotient obtained under subparagraph (i) is less than one; (c) in the case of the revenue source described in paragraph (l) of the definition revenue source, the basic revenue from that revenue source for all the provinces for a particular fiscal year is the amount, as determined by the Minister but subject to subsection (4.3), that is equal to the product obtained when the actual revenue of all the provinces for the fiscal year commencing on April 1, 1973 that would have been allocated to that revenue source if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, is multiplied by (i) the quotient obtained when the number representing the volume of net production withdrawals Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 of natural gas in all the provinces for the calendar year ending in that particular fiscal year from lands for which the mineral rights are owned by the Crown in right of any province is divided by the number representing the volume of the net production withdrawals of natural gas in all the provinces for the 1973 calendar year from lands for which the mineral rights are owned by the Crown in right of any province, or (ii) one, if the quotient obtained under subparagraph (i) is less than one; (d) in the case of the revenue source described in paragraph (l.1) of the definition revenue source, the basic revenue from that revenue source for all the provinces for a particular fiscal year is the amount, as determined by the Minister but subject to subsection (4.3), that is equal to the product obtained when the actual revenue of all the provinces for the fiscal year commencing on April 1, 1973 that would have been allocated to that revenue source if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, is multiplied by (i) the quotient obtained when the number representing the volume of net production withdrawals of natural gas in all the provinces for the calendar year ending in that particular fiscal year from lands for which the mineral rights are held otherwise than by the Crown is divided by the number representing the volume of the net production withdrawals of natural gas in all the provinces for the 1973 calendar year from lands for which the mineral rights are held otherwise than by the Crown, or (ii) one, if the quotient obtained under subparagraph (i) is less than one; and (e) in the case of a revenue source described in paragraph (m) or (n) of the definition revenue source, the basic revenue from that revenue source for all the provinces for a particular fiscal year is the amount, as determined by the Minister but subject to subsection (4.3), that is equal to the product obtained when the actual revenue of all the provinces for the fiscal year commencing on April 1, 1973 that would have been allocated to that revenue source if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, is multiplied by (i) the quotient obtained when the number representing the aggregate of the basic revenues for all the provinces for that particular fiscal year from the Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART I Provincial Revenue Equalization Payments Section 4 revenue sources described in paragraphs (k) and (l) of the definition revenue source is divided by the number representing the aggregate of the actual revenues that would have been allocated to those revenue sources for all the provinces for the fiscal year commencing on April 1, 1973 if the definition revenue source set out in this Act as it applied to that particular fiscal year had applied to the fiscal year commencing on April 1, 1973, or (ii) one, if the quotient obtained under subparagraph (i) is less than one. Additional revenue determined (4.2) For the purposes of this section, the additional revenue from a revenue source for all the provinces for a particular fiscal year is the amount that is equal to (a) the actual revenue derived by all the provinces in that fiscal year from that revenue source, as determined by the Minister, minus (b) the basic revenue derived by all the provinces for that particular fiscal year from that revenue source. When actual revenue less than basic revenue (4.3) Where the actual revenue derived by all the provinces for a particular fiscal year from a revenue source is less than the basic revenue derived by all the provinces for that particular fiscal year from that revenue source as determined pursuant to subsection (4.1), the actual revenue shall be deemed to be the basic revenue derived by all the provinces for that particular fiscal year from that revenue source. Revenue from school purpose taxes (5) For the purposes of this Part, in the case of school purpose taxes set out in paragraph (t) of the definition revenue source in subsection (3), (a) the aggregate of the revenue derived from that revenue source by each municipality, board, commission or other local authority in a province that has power to levy a school purpose tax shall be deemed to be revenue derived by the province from that revenue source; and (b) the revenue derived by a province for a fiscal year from that revenue source shall be deemed to be the revenue derived within the province by the province from that revenue source for the financial year of each local authority described in paragraph (a) ending in that fiscal year. 1972, c. 8, s. 4; 1973-74, c. 45, s. 1; 1974-75-76, c. 65, s. 1. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART II Provincial Revenue Stabilization Payments Sections 5-6 PART II Provincial Revenue Stabilization Payments Provincial revenue stabilization payments 5 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, a provincial revenue stabilization payment not exceeding the amount computed in accordance with section 6. Calculation of payments 6 (1) The provincial revenue stabilization payment that may be paid to a province for a fiscal year is the amount, as determined by the Minister, by which (a) the revenue subject to stabilization of the province for the immediately preceding fiscal year exceeds (b) the revenue subject to stabilization of the province for the fiscal year, adjusted in prescribed manner to reflect the amount, as determined by the Minister, of any change in the revenue subject to stabilization of the province for the fiscal year resulting from changes either in the rates or in the structure of provincial taxes or other revenues from those or from that in effect in the immediately preceding fiscal year. Revenue subject to stabilization defined (2) In this section, revenue subject to stabilization of a province for a fiscal year means the aggregate of (a) the total revenues, as determined by the Minister, derived by the province for the fiscal year from the revenue sources referred to in the definition revenue source in subsection 4(3), and (b) each amount payable to the province for the fiscal year, as determined in accordance with this Act not later than 24 months after the end of the fiscal year, as a provincial revenue equalization payment under Part I or a provincial tax revenue guarantee payment under Part IV. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART II Provincial Revenue Stabilization Payments Sections 6-8 Idem (3) For the purpose of determining pursuant to subsection (2) the revenue subject to stabilization of a province for a fiscal year, (a) paragraphs (a), (b) and (c) of the definition total revenues to be equalized in subsection 4(3) apply mutatis mutandis; and (b) where a tax collection agreement is in force between the Government of Canada and the province with respect to personal income taxes or corporation income taxes, or both, the revenue of the province for the fiscal year therefrom shall be deemed to be the amount payable by the Government of Canada to the province, as determined in accordance with the agreement not later than 24 months after the end of the fiscal year, pursuant to the agreement for the fiscal year. Application by province for payment (4) A provincial revenue stabilization payment may be paid to a province for a fiscal year only upon receipt by the Minister, not later than 18 months after the end of the fiscal year, of an application by the province therefor containing such information as may be prescribed. Application of former Act 7 Part I of the former Act is not applicable in respect of any fiscal year commencing after the 31st day of March, 1972. PART III Tax Collection Agreements Personal income and corporation income tax collection agreements 8 (1) Where a province imposes taxes on the incomes of individuals or corporations, or both, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into a tax collection agreement with the government of the province pursuant to which the Government of Canada will collect the provincial taxes on behalf of the province and will make payments to the province in respect of the taxes so collected in accordance with such terms and conditions as the agreement prescribes. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART III Tax Collection Agreements Sections 8-9 Amendments to agreements (2) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement amending the terms and conditions of an agreement entered into pursuant to subsection (1). Application of requirements of provincial law to certain persons (3) Where the law of a province that imposes taxes on incomes as described in subsection (1) contains provisions requiring every person making a payment of a specified kind to another person to deduct or withhold therefrom an amount and to remit that amount on account of any such tax, effect may be given to those provisions in accordance with the regulations, in relation to persons to whom such payments are made out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada. Agreement entered into under former Act (4) Where an agreement was entered into pursuant to subsection 20(1) or (2) of the former Act or was deemed by section 21 of that Act to have been entered into pursuant to subsection 20(1) of that Act, the agreement shall be deemed to have been entered into pursuant to subsection (1) of this section. Succession duty and gift tax collection agreements 9 (1) Where a province imposes duties or taxes on any legacy, succession, inheritance or gift, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into a tax collection agreement with the government of the province pursuant to which the Government of Canada will collect the provincial duties or taxes on behalf of the province and will make payments to the province in respect of the duties or taxes so collected in accordance with such terms and conditions as the agreement prescribes. Amendments to agreements (2) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement amending the terms and conditions of an agreement entered into pursuant to subsection (1). Terms of agreements (3) No agreement relating to duties imposed by a province on any legacy, succession or inheritance may be entered into by the Minister, pursuant to this section, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART III Tax Collection Agreements Sections 9-12 that applies to any such duties imposed in the case of the death of any person whose death occurred after 1974. Advance payments under agreements 10 Where a province has entered into a tax collection agreement, the Minister, in accordance with the regulations, may make advance payments to the province out of the Consolidated Revenue Fund on account of any amount that may become payable to the province pursuant to the agreement. PART IV Provincial Tax Revenue Guarantee Payments Provincial tax revenue guarantee payments 11 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, a provincial tax revenue guarantee payment not exceeding the amount computed in accordance with section 12. Calculation of provincial tax revenue guarantee payment 12 (1) The provincial tax revenue guarantee payment that may be paid to a province for a fiscal year is the amount by which the aggregate of (a) the total revenue, as determined by the Minister in accordance with the formula prescribed by the regulations, that would be derived by the province from a personal income tax on every individual (i) who was resident in the province on the last day of the calendar year ending in the fiscal year, or (ii) who, not being resident in the province on the last day of that calendar year, had income earned in that year in the province as determined under the provincial Act, computed in accordance with, (iii) in the case of the Province of Ontario, the provincial Act, as it applied to the 1971 taxation year of individuals, at the rate of 28%, (iv) in the case of the Province of Prince Edward Island, the provincial Act, as it applied to the 1971 taxation year of individuals, at the rate of 33%, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Section 12 (v) in the case of the Province of Quebec, the federal Act, as it applied to the 1971 taxation year of individuals, at the rate of 31%, and (vi) in the case of any other province, the provincial Act, as it applied to the 1971 taxation year of individuals, at the actual rate applicable thereunder to that taxation year; (b) the total revenue, as determined by the Minister, that would be derived by the province from a corporation income tax on every corporation that maintained a permanent establishment in the province at any time in its taxation year ending in the calendar year that ends in the fiscal year, on its taxable income earned in that taxation year in the province computed in accordance with the federal Act, as it applied to the 1971 taxation year of such corporations, at the rate applicable under the provincial Act to the 1971 taxation year of corporations that maintained a permanent establishment in the province at any time in that taxation year, and (c) the portion, determined in prescribed manner, of the provincial revenue equalization payment that would be payable to the province for the fiscal year under Part I in respect of the aggregate of the total revenue determined under paragraph (a) and the total revenue determined under paragraph (b), if for each of the provinces such revenues were the actual revenues derived by those provinces for the taxation years and from the revenue sources referred to in those paragraphs, exceeds the aggregate of (d) the total revenue, as determined by the Minister, that would be derived by the province from a personal income tax on every individual (i) who was resident in the province on the last day of the calendar year ending in the fiscal year, or (ii) who, not being resident in the province on the last day of that calendar year, had income earned in that year in the province as determined under the provincial Act, computed in accordance with Part I of the federal Act, as it applied to the taxation year coinciding with that calendar year at the specified converted rate applicable to the province or in the case of the Province of Quebec at the rate of 34%, (iii) in the case of the Province of Quebec, the federal Act, as it applied to the taxation year coinciding with that calendar year, at the rate of 34%, and Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Section 12 (iv) in the case of any other province, the provincial Act, as it applied to the taxation year coinciding with that calendar year, at the actual rate applicable thereunder to that taxation year, (e) the total revenue, as determined by the Minister, derived by the province from a corporation income tax on every corporation that maintained a permanent establishment in the province at any time in its taxation year ending in the calendar year that ends in the fiscal year, on its taxable income earned in that taxation year in the province computed in accordance with the federal Act, as it applied to that taxation year of such corporations, at the rate referred to in paragraph (b), and (f) the portion, determined in prescribed manner, of the provincial revenue equalization payment payable to the province for the fiscal year under Part I in respect of the aggregate of the total revenue determined under paragraph (d) and the total revenue determined under paragraph (e) derived from the revenue sources referred to in those paragraphs. Idem (2) In the event that the actual rate of personal income tax applicable under a provincial Act for a taxation year described in paragraph (1)(d) is not the same as the specified converted rate applicable to the province, for the purpose of determining the provincial tax revenue guarantee payment that may be paid to the province for the fiscal year in which the calendar year coinciding with the taxation year ends, the total revenue determined under paragraph (1)(d) shall be deemed to be that proportion of the amount that, but for this subsection, would be the total revenue determined under that paragraph that (a) the specified converted rate applicable to the province is of (b) the actual rate of personal income tax applicable under the provincial Act for that taxation year. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Section 12 Current year personal income tax revenue adjusted (3) For the purpose of paragraph (1)(d), the Minister, in determining the total revenue that would be derived by a province from a personal income tax in accordance with that paragraph, shall, in making the computation required thereby, (a) interpret the federal Act as if section 120 thereof were not applicable and a taxpayer were not entitled to any deduction under section 126 or 127 of that Act; (b) interpret the federal Act as if section 15 of An Act to Amend the Statute Law Relating to Income Tax (No. 3) (being chapter 30 of the Statutes of Canada, 1973-74) had not been enacted; (c) add to the revenue, as otherwise determined, such amount as is allocated to the province for the taxation year by the Minister in respect of personal income tax revenues that have been collected by Canada for which no tax return has been filed under the federal Act and allocated among the provinces as unapplied moneys; and (d) subtract from the revenue, as otherwise determined, any amount that under a provincial Act a taxpayer, in computing his tax thereunder, would be entitled to deduct in respect of foreign tax credit or logging tax credit. Current year corporation tax revenue adjusted (4) The total revenue, as determined by the Minister under paragraph (1)(e), derived by the province from a corporation income tax shall, for the purpose of that paragraph, be deemed to be the amount otherwise determined thereunder less the portion of that amount that, in the opinion of the Minister, would not have been derived by the province had paragraph 12(1)(o), paragraph 18(1)(m) and subsections 69(6) and (7) of the federal Act not been enacted, to the extent that such amount is remitted or refunded by the province pursuant to provincial law to those taxpayers in the province that made payments in respect of that amount under the provincial Act. 1972, c. 8, s. 12; 1974-75-76, c. 65, s. 2. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Sections 13-14 Eligibility for payment 13 (1) No payment under this Part may be made to a province for a fiscal year unless, (a) pursuant to a tax collection agreement entered into or deemed to have been entered into under section 8, Canada, on behalf of the province, has undertaken to collect taxes imposed by the province under the provincial Act on the incomes of individuals for the taxation year ending in the fiscal year, or on the incomes of individuals for that taxation year and the incomes of corporations for taxation years ending in the calendar year that ends in the fiscal year, or (b) the provisions of the provincial Act pursuant to which a tax is imposed on the incomes of individuals for the taxation year ending in the fiscal year, and the provisions of the federal Act pursuant to which a tax is imposed on the incomes of individuals for that taxation year, are, in the opinion of the Minister, similar as to weight and structure except for differences between the Acts with respect to personal deductions, which differences are not greater than those that existed between the Acts as they read in their application to the 1971 taxation year. Reduction of provincial tax revenue guarantee payment (2) When the provisions of any amendment, modification or revision made in the federal Act, as it applies to a taxation year coinciding with a calendar year ending in a fiscal year, that would result in reducing the revenue derived pursuant to the federal Act for that taxation year are not implemented by a province under its provincial Act as it applies to that taxation year, the provincial tax revenue guarantee payment that may be paid to the province for the fiscal year may, notwithstanding any other provisions of this Part, be reduced by the additional amount that, in the opinion of the Minister, would not have been so derived pursuant thereto had the provincial Act as it applied to that taxation year been amended so as to comply with the provisions of the federal Act as it applied to that taxation year. 1972, c. 8, s. 13; 1974-75-76, c. 65, s. 4. Eligibility for payment 14 A province is not eligible for a tax revenue guarantee payment under this Part for the fiscal year commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1973, unless, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Sections 14-15 (a) it had given notification in prescribed manner, on or before a prescribed date, to the effect that the rate of personal income tax applicable under the provincial Act to the 1972 taxation year will not exceed the specified converted rate applicable to that province, but the subsequent alteration of any rate of personal income tax applicable under the provincial Act, in the manner provided in a tax collection agreement relating to personal income taxes entered or deemed to have been entered into under section 8 between the Government of Canada and the province, does not render the province ineligible for a tax revenue guarantee payment under this Part, or (b) in the opinion of the Minister, the revenue that would be derived by the province from a personal income tax on every individual (i) who was resident in the province on the last day of 1972, or (ii) who, not being resident in the province on the last day of 1972, had income earned in 1972 in the province as determined under the provincial Act, computed in accordance with the provincial Act, as it applied to the 1972 taxation year of individuals, at the rate that was in effect thereunder at the commencement of 1972 as being applicable to the 1972 taxation year of individuals, is not greater than the revenue derived by the province from a personal income tax on every individual described in subparagraph (i) or (ii), computed in accordance with the provincial Act, as it is applied to the 1971 taxation year of individuals, at the actual rate applicable thereunder to the 1971 taxation year. 1972, c. 8, s. 14; 1973-74, c. 45, s. 2. Specified converted rate 15 For the purposes of this Part, the specified converted rate applicable to a province is (a) in the case of Newfoundland, 36%; (b) in the case of Prince Edward Island, 36%; (c) in the case of Nova Scotia, 30.5%; (d) in the case of New Brunswick, 41.5%; (e) in the case of Ontario, 30.5%; (f) in the case of Manitoba, 42.5%; (g) in the case of Saskatchewan, 37%; Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART IV Provincial Tax Revenue Guarantee Payments Sections 15-19 (h) in the case of Alberta, 36%; and (i) in the case of British Columbia, 30.5%. Definitions 16 In this Part, federal Act means the Income Tax Act; (loi fédérale) provincial Act in relation to any province means the Act of the legislature of the province that imposes taxes on the incomes of individuals or corporations, or both, as the case may be. (loi provinciale) Subsection 12(2) not applicable 17 Subsection 12(2) does not apply to a province that did not enter or was not deemed to have entered into a tax collection agreement under subsection 20(1) of the former Act. PART V Transfer Payments with Respect to Tax on 1971 Undistributed Income on Hand Transfer payments in respect of tax under Part IX of Income Tax Act 18 Subject to this Act, the Minister may pay to a province, in respect of any tax paid under Part IX of the Income Tax Act by a corporation described therein, an amount computed in accordance with section 19. Calculation of payments 19 The amount that may be paid to a province under section 18 in respect of any tax paid under Part IX of the Income Tax Act by a corporation described therein is an amount, as determined by the Minister of National Revenue, equal to 20% of that proportion of the tax so paid that (a) the corporation’s taxable income earned in its 1971 taxation year in the province is of (b) the corporation’s taxable income earned in its 1971 taxation year in Canada, except that where the taxable income of a corporation earned in its 1971 taxation year in Canada would, but for this subsection, be nil, the corporation shall be deemed Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART V Transfer Payments with Respect to Tax on 1971 Undistributed Income on Hand Sections 19-21 to have a taxable income earned in its 1971 taxation year in Canada equal to the tax paid by it under Part IX of the Income Tax Act. Recovery of refunds made under Part IX of Income Tax Act 20 Where, in respect of any dividend paid by a corporation controlled (within the meaning assigned by section 28 of the Income Tax Act as it read in its application to the 1971 taxation year) by a Canadian corporation, the Minister of National Revenue has, under subsection 196(2) of the Income Tax Act, made a payment to the controlling corporation, an amount equal to 20% of that proportion of the payment so made to the controlling corporation that the controlled corporation’s taxable income earned in its 1971 taxation year in a province is of the controlled corporation’s taxable income earned in its 1971 taxation year in Canada, as determined under section 19, may be recovered in accordance with the regulations as an overpayment made to the province under this Act. Meaning of certain words and expressions 21 For the purpose of this Part, (a) the “taxable income” of a corporation earned in a year in a province has the meaning given to that expression by section 40 of the Income Tax Act as it read in its application to the 1971 taxation year; (b) the “taxable income” of a corporation earned in a year in Canada means the aggregate of the taxable incomes of the corporation earned in the year in each of the provinces including the Northwest Territories and Yukon Territory; and (c) other words and expressions, except “province”, have the same meaning as in the Income Tax Act. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 22-23 PART VI Post-Secondary Education Adjustment Payments Post-secondary education adjustment payments 22 Subject to this Act, the Secretary of State may, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, authorize the payment to a province of a post-secondary education adjustment payment not exceeding the amount computed in accordance with this Part. 1972, c. 8, s. 22; 1973-74, c. 45, s. 3. Adjustment payments 23 (1) Subject to subsection (2) and section 24, the adjustment payment that may be paid to a province for a fiscal year is the amount by which, (a) in the case of the Provinces of New Brunswick, Prince Edward Island and Newfoundland, the product obtained by multiplying (i) the amount for the immediately preceding fiscal year determined under paragraph 13(2)(b) of the former Act if that year commenced with the 1st day of April, 1971, or determined under this paragraph if that year commenced with or after the 1st day of April, 1972, by (ii) the quotient obtained by dividing (A) the aggregate of the amounts, as determined by the Secretary of State, of the operating expenditures for post-secondary education in all the provinces in the fiscal year, by (B) the aggregate of the amounts, as determined by the Secretary of State, of the operating expenditures for post-secondary education in all the provinces in the immediately preceding fiscal year, and (b) in the case of any other province, the amount, as determined by the Secretary of State, that is equal to 50% of the operating expenditures for post-secondary education in the province in the fiscal year, exceeds the aggregate of Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 23-24 (c) the federal revenue reduction relating to post-secondary education applicable to the province for the fiscal year, (d) the portion, determined in prescribed manner, of the provincial revenue equalization payment payable to the province for the fiscal year under Part I that is attributable to the federal revenue reduction relating to post-secondary education applicable to the province for the fiscal year, and (e) the portion, determined in prescribed manner, of the provincial tax revenue guarantee payment payable to the province for the fiscal year under Part IV that is attributable to the federal revenue reduction relating to post-secondary education applicable to the province for the fiscal year. Alteration of adjustment payments (2) Subject to section 24, where the adjustment payment that may be paid to a province described in paragraph (1)(a) for a fiscal year is less than the amount by which (a) the amount, as determined by the Secretary of State, equal to 50% of the operating expenditures for post-secondary education in the province in the fiscal year exceeds (b) the aggregate for the fiscal year of the amounts determined under paragraphs (1)(c), (d) and (e) in the case of the province, the adjustment payment that may be paid to the province for the fiscal year is the amount by which the amount referred to in paragraph (a) exceeds the aggregate referred to in paragraph (b), and in computing the adjustment payment that may be paid to the province for any subsequent fiscal year the province shall be deemed to be a province described in paragraph (1)(b). 1972, c. 8, s. 23; 1973-74, c. 45, s. 4. Limitation on amount of federal contribution 24 (1) Where, for any fiscal year commencing with or after the 1st day of April, 1972, (a) the aggregate of the federal contributions to each of the provinces is greater than 115% of the aggregate of the federal contributions to each of the provinces for the immediately preceding fiscal year, and (b) the federal contribution to a particular province is greater than 115% of the federal contribution to that particular province for the immediately preceding fiscal year, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Section 24 the adjustment payment that may be paid to any one particular province described in paragraph (b) for the fiscal year is an amount determined by the following rules: (c) determine the amount by which (i) the aggregate of the federal contributions to each of the provinces for the fiscal year exceeds (ii) 115% of the aggregate of the federal contributions to each of the provinces for the immediately preceding fiscal year; (d) determine, for each particular province described in paragraph (b), the amount by which (i) the federal contribution to that particular province for the fiscal year exceeds (ii) 115% of the federal contribution to that particular province for the immediately preceding fiscal year; (e) determine the aggregate of the amounts determined under paragraph (d) for each of the provinces to which that paragraph applies; (f) determine, for each particular province described in paragraph (b), the proportion, as a percentage, that the amount determined under paragraph (d) in the case of that province is of the aggregate determined under paragraph (e); (g) determine, for each particular province described in paragraph (b), the product obtained by multiplying the percentage determined under paragraph (f) in the case of that province by the amount determined under paragraph (c); and the adjustment payment that may be paid to any one particular province described in paragraph (b) for the fiscal year is the amount that, but for this section, would be the adjustment payment payable to that province for the fiscal year minus the amount determined under paragraph (g) in the case of that province. Determination of amount of federal contribution to province for fiscal year (2) For the purpose of applying subsection (1) to determine the adjustment payment that may be paid to a Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Section 24 province for the fiscal year commencing with the 1st day of April, 1972, the amount of the federal contribution to a province for any fiscal year is, (a) in the case of the fiscal year commencing with the 1st day of April, 1971, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that may be paid to the province for that fiscal year, computed under section 13 of the former Act, and (ii) the aggregate for that fiscal year determined under paragraph 13(2)(c) of the former Act in the case of the province, and (b) in the case of the fiscal year commencing with the 1st day of April, 1972, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that, but for this section, would be payable to the province for that fiscal year, and (ii) the aggregate for that fiscal year of the amounts determined under paragraphs 23(1)(c), (d) and (e) in the case of the province; and for the purpose of applying subsection (1) to determine the adjustment payment that may be paid to a province for the fiscal year commencing with the 1st day of April, 1973, the amount of the federal contribution to a province for any fiscal year is, (c) in the case of the fiscal year commencing with the 1st day of April, 1972, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that may be paid to the province for that fiscal year, and (ii) the aggregate for that fiscal year of the amounts determined under paragraphs 23(1)(c), (d) and (e) in the case of the province, and (d) in the case of the fiscal year commencing with the 1st day of April, 1973, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that, but for this section, would be payable to the province for that fiscal year, and (ii) the aggregate for that fiscal year of the amounts determined under paragraphs 23(1)(c), (d) and (e) in the case of the province. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 24-25 Determination of amount of contribution (3) For the purpose of applying subsection (1) to determine the adjustment payment that may be paid to a province for each fiscal year in the period commencing with the 1st day of April, 1974 and ending with the 31st day of March, 1977, the amount of the federal contribution to a province for any such fiscal year is (a) in the case of that fiscal year, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that, but for this section, would be payable to the province for that fiscal year, and (ii) the aggregate for that fiscal year of the amounts determined under paragraphs 23(1)(c), (d) and (e) in the case of the province; and (b) in the case of the immediately preceding fiscal year, an amount, as determined by the Secretary of State, equal to the aggregate of (i) the adjustment payment that may be paid to the province for that immediately preceding fiscal year, and (ii) the aggregate for that immediately preceding fiscal year of the amounts determined under paragraphs 23(1)(c), (d) and (e) in the case of the province. 1972, c. 8, s. 24; 1973-74, c. 45, s. 5. Operating expenditures 25 (1) Subject to subsections (2) and (3), the operating expenditures for post-secondary education in a province in a fiscal year are the aggregate of the operating expenditures, as determined by the Secretary of State, incurred for post-secondary education by or in respect of each of the educational institutions in the province during the financial years of such institutions related to the fiscal year, but do not include (a) any amount expended in respect of student financial aid; (b) any amount expended as or on account of the capital cost of land, buildings, physical plant, facilities or equipment, except as otherwise provided by the regulations; (c) any amount expended as or on account of interest; (d) any amount expended in payment of a capital debt; Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 25-26 (e) any provision for depreciation on buildings, physical plant, facilities or equipment; (f) any amount expended in respect of a prescribed ancillary enterprise undertaken or operated by an educational institution; or (g) such portion of any account expended as or on account of rent on land, buildings, physical plant, facilities or equipment as may be prescribed. Idem (2) In determining the operating expenditures incurred for post-secondary education by or in respect of an educational institution during a financial year of the institution, there shall be deducted from the amount thereof otherwise determined (a) any amount received by the institution in the year for assisted, sponsored or contract research, and (b) any amount received by the institution in the year from Her Majesty in right of Canada or any agent thereof or from the Canada Council, except as otherwise provided by the regulations. Idem (3) In determining the operating expenditures for postsecondary education in a province in a fiscal year, there shall be deducted from the amount thereof otherwise determined any amount paid to the province in the year by Her Majesty in right of Canada or any agent thereof, otherwise than pursuant to this Act, that is prescribed for the purposes of this subsection to be an amount paid in respect of post-secondary education. Federal revenue reduction 26 For the purpose of this Part, the federal revenue reduction relating to post-secondary education applicable to a province for a fiscal year is an amount equal to the aggregate of (a) the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, (i) on the incomes (other than incomes from businesses) of individuals resident in the province on the last day of the taxation year ending in the fiscal year, within the meaning of the Income Tax Act, Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 26-27 (ii) on the incomes (other than incomes from businesses) earned in the province in the taxation year ending in the fiscal year by individuals not resident in Canada at any time during the taxation year, within the meaning of the Income Tax Act, and (iii) on the incomes from businesses earned in the province in the taxation year ending in the fiscal year by individuals, within the meaning of the Income Tax Act, equal to 4.357% of the tax otherwise payable, within the meaning of paragraph 120(4)(c) of the Income Tax Act, under Part I of that Act on those incomes, and (b) the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, on the income earned in the province by each corporation (other than a non-resident-owned investment corporation as defined in the Income Tax Act or a corporation specified in Schedule D to the Financial Administration Act that is an agent of Her Majesty in right of Canada) that maintained a permanent establishment in the province at any time during its taxation year ending in the calendar year that ends in the fiscal year, at the rate of 1% of its taxable income earned in the province in that taxation year. Determination of operating expenditures 27 (1) In determining the operating expenditures for post-secondary education in a province in a fiscal year, the Secretary of State shall have recourse to and be guided by (a) any provincial return of operating expenditures submitted to him for the fiscal year; (b) any information contained in a report made to him by the Minister of Supply and Services in connection with such operating expenditures; and (c) such additional information as he may consider appropriate. Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Section 27 Provincial return (2) For the purposes of this section, a provincial return of operating expenditures for a fiscal year is a statistical return, in prescribed form, relating to the operating expenditures for post-secondary education in the province in the fiscal year, (a) that has been signed by the Deputy Minister of Education of the province or such other provincial officer as may be designated by the Lieutenant-Governor in Council for the purpose; and (b) that has been certified by the provincial auditor as having been examined by him and, to the best of his knowledge and belief, (i) as accurately setting forth the operating expenditures for post-secondary education in the province in the fiscal year, calculated in accordance with the requirements of this Act and the regulations, and (ii) as being based on (A) financial returns for the fiscal year in respect of each educational institution in the province that is not a secondary institution, and (B) a financial report for the fiscal year in respect of all secondary institutions in the province. Financial returns and report (3) For the purposes of subsection (2), (a) a financial return for a fiscal year in respect of an educational institution that is not a secondary institution is a statement relating to the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year, that has been certified by an independent auditor as having been examined by him, and, to the best of his knowledge and belief, as accurately setting forth the operating expenditures incurred for post-secondary education by that institution during its financial year, calculated in accordance with the requirements of this Act and the regulations; and (b) a financial report for a fiscal year in respect of all secondary institutions in a province is a statement setting forth the operating expenditures incurred for post-secondary education by or in respect of all such institutions during their financial years related to the fiscal year, that has been signed by the Deputy Minister of Education of the province or such other Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 27-29 provincial officer as may be designated by the Lieutenant-Governor in Council for the purpose. Definitions (4) In this section, independent auditor means an auditor who is a member in good standing of an institution or association of accountants incorporated by or under the authority of the legislature of a province but who is not, except as otherwise provided by the regulations, the same person or a member of the same firm or office of auditors as, or employed by the same employer as, the provincial auditor; (vérificateur indépendant) provincial auditor means such person as is charged by law with the audit of the accounts of a province; (vérificateur provincial) secondary institution, in relation to a province, means an institution in that province that offers at post-secondary level only prescribed programs of study. (établissement secondaire) Failure to file return 28 Where a provincial return of operating expenditures for a fiscal year as described in subsection 27(2) has not been submitted to the Secretary of State within 12 months after the end of the fiscal year, the Secretary of State, in determining the operating expenditures for post-secondary education in the province in the fiscal year, shall have recourse to and be guided by such information available to him as he considers appropriate, but in no such case shall the amount determined by the Secretary of State to be equal to 50% of the operating expenditures for post-secondary education in the province in the fiscal year be less than the product obtained by multiplying $15 by the population of the province for the calendar year ending in the fiscal year. Report of Minister of Supply and Services 29 The Minister of Supply and Services may, after consultation with the appropriate provincial authority, (a) examine any financial return for a fiscal year in respect of an educational institution, as described in subsection 27(3), and Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 29-30 (b) request and receive from the independent auditor who certified any financial return for a fiscal year in respect of an educational institution, as described in subsection 27(3), such information, reports and explanations as he deems necessary in order to satisfy himself as to the method and procedure employed by such auditor in determining the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year, and shall make such report to the Secretary of State in respect thereof as he considers appropriate. Definitions 30 (1) In this Part, adjustment payment means a post-secondary education adjustment payment referred to in section 22; (paiement de rajustement) educational institution means an institution of learning that offers courses at a post-secondary level; (établissement d’enseignement) federal revenue reduction relating to post-secondary education applicable to a province for a fiscal year has the meaning given to that expression by section 26; (réduction du revenu fédéral relative à l’enseignement post-secondaire) junior matriculation, in relation to a province, has the meaning given to that expression by the regulations; (immatriculation junior) operating expenditures for post-secondary education in a province in a fiscal year has the meaning given to that expression by section 25; (frais de fonctionnement) post-secondary education, in relation to a province, means every course of studies in the province that (a) requires for admission the attainment of a level not lower than that of junior matriculation in the province, (b) is of not less than 24 weeks duration, and (c) has been certified as a course of studies at a postsecondary level by such person or persons as may be designated by the Lieutenant-Governor in Council of the province for such purpose; (enseignement postsecondaire) Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VI Post-Secondary Education Adjustment Payments Sections 30-32 post-secondary level has the meaning given to that expression by the regulations. (niveau post-secondaire) Determination of population and financial year (2) For the purposes of this Part, (a) the population of a province for a calendar year is the population on the 1st day of June in that year as estimated by the Chief Statistician of Canada; and (b) a financial year of an educational institution is related to a fiscal year if more than ½ of the total number of days in the financial year fall within the fiscal year. Application of former Act 31 Part II of the former Act is not applicable in respect of any fiscal year commencing with or after the 1st day of April, 1972. PART VII General Regulations Regulations 32 The Governor in Council may make regulations (a) defining, for the purposes of this Act, (i) the expression “revenue base” for a revenue source for a province for a fiscal year, (ii) the expressions referred to in paragraphs (a) to (t) of the definition revenue source in subsection 4(3), (iii) the expressions “junior matriculation and “post-secondary level”, (iv) the expression “assisted, sponsored or contract research”, and (v) the expression “operating expenditures incurred for post-secondary education” by or in respect of an educational institution or secondary institution; (b) respecting the payment to a province of advances on account of any amount that may become payable to the province pursuant to this Act or a tax collection Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 PART VII General Regulations Sections 32-34 agreement, the adjustment of other payments by reason of such advances and the recovery of overpayments; (c) prescribing the time and manner of making any payment under this Act or a tax collection agreement; (d) prescribing the accounts to be kept and their management; (e) respecting the determination of any matter that under this Act is to be determined by the Minister, the Minister of National Revenue or the Secretary of State; (f) respecting any matter that by this Act is to be defined, provided or prescribed by, or done in accordance with, the regulations; and (g) generally for carrying into effect the purposes and provisions of this Act. 1972, c. 8, s. 32; 1973-74, c. 45, s. 6. Payment out of Consolidated Revenue Fund Payment out of Consolidated Revenue Fund 33 The amounts authorized to be paid by sections 3, 5, 11, 18 and 22 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed. Established Programs (Interim Arrangements) Act 34 [Amendments] Current to June 20, 2022 Federal-Provincial Fiscal Arrangements, 1972 RELATED PROVISIONS RELATED PROVISIONS — 1974-75-76, c. 65, s. 3 Application of subsection 12(2) 3 Subsection 12(2) of the said Act is not applicable in respect of any taxation year coinciding with a calendar year ending in any fiscal year commencing on or after the first day of April, 1974. Current to June 20, 2022

CONSOLIDATION An Act respecting First Nations, Inuit and Métis children, youth and families S.C. 2019, c. 24 Current to June 20, 2022 Last amended on January 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 January 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 January 1, 2020 TABLE OF PROVISIONS An Act respecting First Nations, Inuit and Métis children, youth and families Interpretation 1 Definitions Rights of Indigenous peoples Conflict — existing agreement Minimum standards Nunavut Act Her Majesty 7 Binding on Her Majesty Purpose and Principles 8 Purpose Principle — best interests of child Best Interests of Indigenous Child 10 Best interests of Indigenous child Provision of Child and Family Services 11 Effect of services Notice Representations and party status Priority to preventive care Socio-economic conditions 15.1 Reasonable efforts Placement of Indigenous Child 16 Priority Attachment and emotional ties Jurisdiction — Child and Family Services 18 Affirmation Application of Canadian Charter of Rights and Freedoms Current to June 20, 2022 Last amended on January 1, 2020 ii An respecting First Nations, Inuit and Métis children, youth and families TABLE OF PROVISIONS Laws of Indigenous Groups, Communities or Peoples Coordination and Application 20 Notice Force of law Conflict — federal laws Application to Indigenous children — exception Conflict — stronger ties Publication and Accessibility 25 Publication Accessibility General 27 Role of Minister Agreements — information Powers of Minister Disclosure of information Five-year review Regulations 32 Regulations Transitional Provisions 33 Representations and party status Regulations Coming into Force *35 Order in council Current to June 20, 2022 Last amended on January 1, 2020 iv S.C. 2019, c. 24 An Act respecting First Nations, Inuit and Métis children, youth and families [Assented to 21st June 2019] Preamble Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples; Whereas Canada ratified the United Nations Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination; Whereas Parliament recognizes the legacy of residential schools and the harm, including intergenerational trauma, caused to Indigenous peoples by colonial policies and practices; Whereas Parliament recognizes the disruption that Indigenous women and girls have experienced in their lives in relation to child and family services systems and the importance of supporting Indigenous women and girls in overcoming their historical disadvantage; Whereas Parliament recognizes the importance of reuniting Indigenous children with their families and communities from whom they were separated in the context of the provision of child and family services; Whereas the Truth and Reconciliation Commission of Canada’s Calls to Action calls for the federal, provincial and Indigenous governments to work together with respect to the welfare of Indigenous children and calls for the enactment of federal legislation that establishes national standards for the welfare of Indigenous children; Whereas Parliament affirms the right to self-determination of Indigenous peoples, including the inherent Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families right of self-government, which includes jurisdiction in relation to child and family services; Whereas Parliament affirms the need to respect the diversity of all Indigenous peoples, including the diversity of their laws, rights, treaties, histories, cultures, languages, customs and traditions, to take into account the unique circumstances and needs of Indigenous elders, parents, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons, to address the needs of Indigenous children and to help ensure that there are no gaps in the services that are provided in relation to them, whether they reside on a reserve or not, to eliminate the over-representation of Indigenous children in child and family services systems, and to enact legislation for the benefit of Indigenous children, including First Nations, Inuit and Métis Nation children; Whereas the Government of Canada is committed to working in cooperation and partnership with Indigenous peoples to support the dignity and wellbeing of Indigenous children and youth and their families and communities, as well as the achievement of their full potential, and to respecting, strengthening and building on the accomplishments of Indigenous peoples in this regard, to achieving reconciliation with First Nations, the Inuit and the Métis through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, cooperation and partnership, and to engaging with Indigenous peoples and provincial governments to support a comprehensive reform of child and family services that are provided in relation to Indigenous children; And whereas the Government of Canada acknowledges the ongoing call for funding for child and family services that is predictable, stable, sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities; Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Interpretation Section 1 Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Interpretation Definitions 1 The following definitions apply in this Act. care provider means a person who has primary responsibility for providing the day-to-day care of an Indigenous child, other than the child’s parent, including in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs. (fournisseur de soins) child and family services means services to support children and families, including prevention services, early intervention services and child protection services. (services à l’enfance et à la famille) coordination agreement means an agreement referred to in subsection 20(2). (accord de coordination) family includes a person whom a child considers to be a close relative or whom the Indigenous group, community or people to which the child belongs considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child. (famille) Indigenous, when used in respect of a person, also describes a First Nations person, an Inuk or a Métis person. (autochtone) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones) Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Interpretation Sections 1-8 Minister means the Minister of Indigenous Services. (ministre) 2019, c. 24, s. 1; 2019, c. 29, s. 378. Rights of Indigenous peoples 2 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them. Conflict — existing agreement 3 If there is a conflict or inconsistency between a provision that is in an agreement — including a treaty or a self-government agreement — that contains provisions respecting child and family services, concluded before the day on which subsection 18(1) comes into force, between an Indigenous group, community or people and Her Majesty in right of Canada or of a province and a provision of this Act or the regulations, the provision that is in the agreement prevails to the extent of the conflict or inconsistency. Minimum standards 4 For greater certainty, nothing in this Act affects the application of a provision of a provincial Act or regulation to the extent that the provision does not conflict with, or is not inconsistent with, the provisions of this Act. Nunavut Act 5 Subject to section 4, nothing in this Act affects the Legislature for Nunavut’s legislative powers referred to in section 23 of the Nunavut Act. 6 [Repealed, 2019, c. 29, s. 378] Her Majesty Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada or of a province. Purpose and Principles Purpose 8 The purpose of this Act is to (a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services; Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Purpose and Principles Sections 8-9 (b) set out principles applicable, on a national level, to the provision of child and family services in relation to Indigenous children; and (c) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Principle — best interests of child 9 (1) This Act is to be interpreted and administered in accordance with the principle of the best interests of the child. Principle — cultural continuity (2) This Act is to be interpreted and administered in accordance with the principle of cultural continuity as reflected in the following concepts: (a) cultural continuity is essential to the well-being of a child, a family and an Indigenous group, community or people; (b) the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity; (c) a child’s best interests are often promoted when the child resides with members of his or her family and the culture of the Indigenous group, community or people to which he or she belongs is respected; (d) child and family services provided in relation to an Indigenous child are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which the child belongs or to the destruction of the culture of that Indigenous group, community or people; and (e) the characteristics and challenges of the region in which a child, a family or an Indigenous group, community or people is located are to be considered. Principle — substantive equality (3) This Act is to be interpreted and administered in accordance with the principle of substantive equality as reflected in the following concepts: (a) the rights and distinct needs of a child with a disability are to be considered in order to promote the child’s participation, to the same extent as other children, in the activities of his or her family or the Indigenous group, community or people to which he or she belongs; Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Purpose and Principles Sections 9-10 (b) a child must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (c) a child’s family member must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (d) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which a child belongs must be able to exercise without discrimination the rights of the Indigenous group, community or people under this Act, including the right to have the views and preferences of the Indigenous group, community or people considered in decisions that affect that Indigenous group, community or people; and (e) in order to promote substantive equality between Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children. Best Interests of Indigenous Child Best interests of Indigenous child 10 (1) The best interests of the child must be a primary consideration in the making of decisions or the taking of actions in the context of the provision of child and family services in relation to an Indigenous child and, in the case of decisions or actions related to child apprehension, the best interests of the child must be the paramount consideration. Primary consideration (2) When the factors referred to in subsection (3) are being considered, primary consideration must be given to the child’s physical, emotional and psychological safety, security and well-being, as well as to the importance, for that child, of having an ongoing relationship with his or her family and with the Indigenous group, community or people to which he or she belongs and of preserving the child’s connections to his or her culture. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Best Interests of Indigenous Child Sections 10-11 Factors to be considered (3) To determine the best interests of an Indigenous child, all factors related to the circumstances of the child must be considered, including (a) the child’s cultural, linguistic, religious and spiritual upbringing and heritage; (b) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (c) the nature and strength of the child’s relationship with his or her parent, the care provider and any member of his or her family who plays an important role in his or her life; (d) the importance to the child of preserving the child’s cultural identity and connections to the language and territory of the Indigenous group, community or people to which the child belongs; (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f) any plans for the child’s care, including care in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs; (g) any family violence and its impact on the child, including whether the child is directly or indirectly exposed to the family violence as well as the physical, emotional and psychological harm or risk of harm to the child; and (h) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child. Consistency (4) Subsections (1) to (3) are to be construed in relation to an Indigenous child, to the extent that it is possible to do so, in a manner that is consistent with a provision of a law of the Indigenous group, community or people to which the child belongs. Provision of Child and Family Services Effect of services 11 Child and family services provided in relation to an Indigenous child are to be provided in a manner that Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Provision of Child and Family Services Sections 11-14 (a) takes into account the child’s needs, including with respect to his or her physical, emotional and psychological safety, security and well-being; (b) takes into account the child’s culture; (c) allows the child to know his or her family origins; and (d) promotes substantive equality between the child and other children. Notice 12 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that doing so is consistent with the best interests of the child, before taking any significant measure in relation to the child, the service provider must provide notice of the measure to the child’s parent and the care provider, as well as to the Indigenous governing body that acts on behalf of the Indigenous group, community or people to which the child belongs and that has informed the service provider that they are acting on behalf of that Indigenous group, community or people. Personal information (2) The service provider must ensure that the notice provided to an Indigenous governing body under subsection (1) does not contain personal information about the child, a member of the child’s family or the care provider, other than information that is necessary to explain the proposed significant measure or that is required by the Indigenous governing body’s coordination agreement. Representations and party status 13 In the context of a civil proceeding in respect of the provision of child and family services in relation to an Indigenous child, (a) the child’s parent and the care provider have the right to make representations and to have party status; and (b) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which the child belongs has the right to make representations. Priority to preventive care 14 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that providing a service that promotes preventive care to support the child’s family is consistent with the best interests Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Provision of Child and Family Services Sections 14-16 of the child, the provision of that service is to be given priority over other services. Prenatal care (2) To the extent that providing a prenatal service that promotes preventive care is consistent with what will likely be in the best interests of an Indigenous child after he or she is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child’s birth. Socio-economic conditions 15 In the context of providing child and family services in relation to an Indigenous child, to the extent that it is consistent with the best interests of the child, the child must not be apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider. Reasonable efforts 15.1 In the context of providing child and family services in relation to an Indigenous child, unless immediate apprehension is consistent with the best interests of the child, before apprehending a child who resides with one of the child’s parents or another adult member of the child’s family, the service provider must demonstrate that he or she made reasonable efforts to have the child continue to reside with that person. Placement of Indigenous Child Priority 16 (1) The placement of an Indigenous child in the context of providing child and family services in relation to the child, to the extent that it is consistent with the best interests of the child, is to occur in the following order of priority: (a) with one of the child’s parents; (b) with another adult member of the child’s family; (c) with an adult who belongs to the same Indigenous group, community or people as the child; (d) with an adult who belongs to an Indigenous group, community or people other than the one to which the child belongs; or Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Placement of Indigenous Child Sections 16-18 (e) with any other adult. Placement with or near other children (2) When the order of priority set out in subsection (1) is being applied, the possibility of placing the child with or near children who have the same parent as the child, or who are otherwise members of the child’s family, must be considered in the determination of whether a placement would be consistent with the best interests of the child. Customs and traditions (2.1) The placement of a child under subsection (1) must take into account the customs and traditions of Indigenous peoples such as with regards to customary adoption. Family unity (3) In the context of providing child and family services in relation to an Indigenous child, there must be a reassessment, conducted on a ongoing basis, of whether it would be appropriate to place the child with (a) a person referred to in paragraph (1)(a), if the child does not reside with such a person; or (b) a person referred to in paragraph (1)(b), if the child does not reside with such a person and unless the child resides with a person referred to in paragraph (1)(a). Attachment and emotional ties 17 In the context of providing child and family services in relation to an Indigenous child, if the child is not placed with a member of his or her family in accordance with paragraph 16(1)(a) or (b), to the extent that doing so is consistent with the best interests of the child, the child’s attachment and emotional ties to each such member of his or her family are to be promoted. Jurisdiction — Child and Family Services Affirmation 18 (1) The inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Jurisdiction — Child and Family Services Sections 18-20 Dispute resolution mechanisms (2) For greater certainty and for the purposes of subsection (1), the authority to administer and enforce laws includes the authority to provide for dispute resolution mechanisms. Application of Canadian Charter of Rights and Freedoms 19 The Canadian Charter of Rights and Freedoms applies to an Indigenous governing body in the exercise of jurisdiction in relation to child and family services on behalf of an Indigenous group, community or people. Laws of Indigenous Groups, Communities or Peoples Coordination and Application Notice 20 (1) If an Indigenous group, community or people intends to exercise its legislative authority in relation to child and family services, an Indigenous governing body acting on behalf of that Indigenous group, community or people may give notice of that intention to the Minister and the government of each province in which the Indigenous group, community or people is located. Coordination agreement (2) The Indigenous governing body may also request that the Minister and the government of each of those provinces enter into a coordination agreement with the Indigenous governing body in relation to the exercise of the legislative authority, respecting, among other things, (a) the provision of emergency services to ensure the safety, security and well-being of Indigenous children; (b) support measures to enable Indigenous children to exercise their rights effectively; (c) fiscal arrangements, relating to the provision of child and family services by the Indigenous governing body, that are sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities and to support the capacity of the Indigenous group, community or people to exercise the legislative authority effectively; and Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 20-21 (d) any other coordination measure related to the effective exercise of the legislative authority. Application — sections 21 and 22 (3) Sections 21 and 22 apply only in respect of an Indigenous group, community or people on whose behalf an Indigenous governing body (a) entered into a coordination agreement; or (b) has not entered into a coordination agreement, although it made reasonable efforts to do so during the period of one year after the day on which the request is made. Clarification (4) For the purposes of paragraph 3(b), sections 21 and 22 apply beginning on the day after the day on which the period referred to in that paragraph ends. Dispute resolution mechanism (5) If the Indigenous governing body, the Minister and the government of each of those provinces make reasonable efforts to enter into a coordination agreement but do not enter into a coordination agreement, a dispute resolution mechanism provided for by the regulations made under section 32 may be used to promote entering into a coordination agreement. New request (6) If sections 21 and 22 do not apply in respect of an Indigenous group, community or people, nothing prevents the Indigenous governing body that has already made a request under subsection (2) on behalf of the Indigenous group, community or people from making a new request. Coordination agreement entered into after one year (7) For greater certainty, even if sections 21 and 22 apply in respect of an Indigenous group, community or people on behalf of which an Indigenous governing body has not entered into a coordination agreement, nothing prevents the Indigenous governing body from entering into a coordination agreement after the end of the period referred to in paragraph (3)(b). Force of law 21 (1) A law, as amended from time to time, of an Indigenous group, community or people referred to in subsection 20(3) also has, during the period that the law is in force, the force of law as federal law. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 21-24 Interpretation (2) No federal law, other than this Act, affects the interpretation of a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law. Application of federal laws (3) No federal law, other than this Act and the Canadian Human Rights Act, applies in relation to a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law. Conflict — federal laws 22 (1) If there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services — other than any of sections 10 to 15 of this Act and the provisions of the Canadian Human Rights Act — that is in a federal Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency. Clarification (2) The reference to a “federal Act or regulation” in subsection (1) does not include a reference to a law that has the force of law under subsection 21(1). Conflict — provincial laws (3) For greater certainty, if there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a provincial Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency. Application to Indigenous children — exception 23 A provision respecting child and family services that is in a law of an Indigenous group, community or people applies in relation to an Indigenous child except if the application of the provision would be contrary to the best interests of the child. Conflict — stronger ties 24 (1) If there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a law of another Indigenous group, community or people, Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Laws of Indigenous Groups, Communities or Peoples Coordination and Application Sections 24-26 the provision that is in the law of the Indigenous group, community or people with which the child has stronger ties — taking into consideration his or her habitual residence as well as his or her views and preferences, giving due weight to his or her age and maturity, unless they cannot be ascertained, and the views and preferences of his or her parent and the care provider — prevails to the extent of the conflict or inconsistency. References to laws (2) Subsection (1) also applies in respect of the provisions of a law that has the force of law under subsection 21(1). Publication and Accessibility Publication 25 The Minister must (a) as soon as feasible after receiving a notice under subsection 20(1), or a request under subsection 20(2), post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has given the notice or made the request, as the case may be, and the date on which the notice or request was received; (b) as soon as feasible after a coordination agreement is entered into, post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has entered into the coordination agreement and the date on which it was entered into; and (c) as soon as feasible after receiving notice that a law made on behalf of an Indigenous group, community or people contains a provision respecting child and family services, post on a website the name of that Indigenous group, community or people and the date on which the law comes into force. Accessibility 26 After receiving a copy of a law that contains a provision respecting child and family services made on behalf of an Indigenous group, community or people referred to in subsection 20(3), the Minister is to ensure that the law is made accessible to the public in any manner that the Minister considers appropriate, and to that end may publish the law, as amended from time to time, in the Canada Gazette. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families General Sections 27-31 General Role of Minister 27 The Minister may gather information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided and facilitate the disclosure of that information to affected families and communities. Agreements — information 28 The Minister may enter into agreements with a provincial government and any Indigenous governing body regarding the collection, retention, use and disclosure of information respecting the child and family services that are provided in relation to Indigenous children in order to, among other things, (a) ensure that Indigenous children are identified as a First Nations person, an Inuk or a Métis person, as the case may be, and that their communities of origin and those of their parents are identified, when possible, when child and family services are provided in relation to them; (b) support the improvement of those services; and (c) facilitate the disclosure of that information to affected families and communities. Powers of Minister 29 For the purposes of section 27, the Minister may disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided. Disclosure of information 30 For the purposes of implementing an agreement referred to in section 28, a provincial government or a public body established under a provincial Act may collect and disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided. Five-year review 31 (1) Every five years after the day on which this section comes into force, the Minister must, in collaboration with Indigenous peoples, including representatives of First Nations, the Inuit and the Métis, undertake a review of the provisions and operation of this Act. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families General Sections 31-34 Provincial governments (2) For greater certainty, when undertaking the review, the Minister may also collaborate with provincial governments. Report (3) The Minister must prepare a report on the review that sets out his or her conclusions and recommendations, including any improvements to the provisions of this Act that he or she recommends. Tabling of report (4) The Minister must cause the report to be tabled in each House of Parliament on any of the first 30 days on which it is sitting after the day on which the report is completed. Regulations Regulations 32 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make regulations providing for any matter relating to the application of this Act or respecting the provision of child and family services in relation to Indigenous children. Provincial governments (2) For greater certainty, subsection (1) does not prevent provincial governments from collaborating in the policy development referred to in that subsection. Transitional Provisions Representations and party status 33 In the context of a proceeding referred to in section 13 that is pending on the day on which that section comes into force, the right referred to in that section may be exercised only if its exercise is consistent with the best interests of the child and is appropriate in the circumstances. Regulations 34 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act. Current to June 20, 2022 Last amended on January 1, 2020 An Act respecting First Nations, Inuit and Métis children, youth and families Transitional Provisions Sections 34-35 Provincial governments (2) For greater certainty, subsection (1) does not prevent provincial governments from collaborating in the policy development referred to in that subsection. Coming into Force Order in council 35 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 January 1, 2020, see SI/2019-96.] Current to June 20, 2022 Last amended on January 1, 2020

CONSOLIDATION First Nations Fiscal Management Act S.C. 2005, c. 9 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 to provide for real property taxation powers of First Nations, to create a First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Aboriginal Rights 3 Aboriginal and treaty rights PART 1 First Nations Fiscal Powers 4 Financial administration laws Local revenue laws Notice of proposed laws Further representations Information accompanying property taxation law Financial administration laws 9.1 Repeal of financial administration law Law under paragraph 5(1)(a) No repeal by borrowing members Legal capacity of first nations Local revenue account 13.1 Expenditure not authorized by law Local revenues Non-application of certain provisions Current to June 20, 2022 Last amended on May 27, 2022 ii First Nations Fiscal Management TABLE OF PROVISIONS PART 2 First Nations Tax Commission Interpretation 16 Definitions Establishment and Organization of Commission 17 Commission When agent of Her Majesty Appointment of Chief Commissioner Appointment of commissioners Status Reappointment Remuneration Chief Commissioner — functions Deputy Chief Commissioner — functions Head office Rules of procedure Staff Purposes 29 Mandate Functions and Powers 30 Powers Local revenue law review Restrictions Review on request First Nations Gazette Standards and Procedures 35 Standards Regulations 36 Regulations PART 3 First Nations Financial Management Board Interpretation 37 Definition of Board Establishment and Organization of Board 38 Establishment Current to June 20, 2022 Last amended on May 27, 2022 iv First Nations Fiscal Management TABLE OF PROVISIONS Not agent of Her Majesty Appointment of Chairperson Appointment of additional directors Election of Vice-Chairperson Reappointment Status Remuneration Rules of procedure Head office Staff Purposes 49 Mandate Functions and Powers 50 Review of financial management system 50.1 Review of financial management system — nonscheduled entities Required intervention Imposed co-management Third-party management Required information Standards and Procedures 55 Standards Regulations 56 Regulations 56.1 Regulations PART 4 First Nations Finance Authority Interpretation 57 Definitions Establishment and Organization of Authority 58 Establishment Membership Not agent of Her Majesty Board of Directors Function of Deputy Chairperson Term of office Quorum Current to June 20, 2022 Last amended on May 27, 2022 v First Nations Fiscal Management TABLE OF PROVISIONS Majority vote Canada Not-for-profit Corporations Act Remuneration of directors Duty of care President Annual general meeting By-laws Head office Annual budget Purposes 74 Mandate Functions and Powers 75 Powers of board of directors Application to become borrowing member Ceasing to be borrowing member Priority Limitations — loans Restriction Limitations — short-term loans Sinking fund Surpluses Debt reserve fund Credit enhancement fund Default by first nation Short-term pooled investment funds General 88 Annual report 88.1 Assignment — revenues payable by Her Majesty Regulations 89 Regulations PART 5 Payment of Moneys 90 Council resolution Approval by members Initial payment of moneys Liability for future management Past liability Indian Act Current to June 20, 2022 Last amended on May 27, 2022 v First Nations Fiscal Management TABLE OF PROVISIONS PART 6 Financial Management and Control 114 Definitions Exclusion from federal public administration Financial year Expenditure of revenues Corporate plans Books and systems Annual auditor’s report Special examination Report Examiner Consultation with Auditor General Right to information Restriction Qualified privilege Audit committee Disclosure of material developments Annual report Annual meeting PART 7 Provisions of General Application General 132 Conflict of interest Liability of Her Majesty No appropriation No compensation Limit of liability — commissioner, director, employee, etc. 136.1 Limit of liability — co-management or third-party management 136.2 Personal liability for costs Limit of liability Conflict with other laws Official languages Regulations 140 Regulations Regulations Current to June 20, 2022 Last amended on May 27, 2022 vi First Nations Fiscal Management TABLE OF PROVISIONS 141.1 Regulations — organizations referred to in paragraph 50.1(1)(e) 141.2 Regulations — joint reserve lands Regulations PART 8 Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force Transitional Provisions 143 ITAB employees Continuation of directors Continuation of existing by-laws 145.1 Continuation of existing by-laws Review and evaluation Consequential Amendments Access to Information Act Financial Administration Act Indian Act Privacy Act Westbank First Nation Self-Government Act Coordinating Amendments Coming into Force *155 Order in council SCHEDULE Current to June 20, 2022 Last amended on May 27, 2022 vi S.C. 2005, c. 9 An Act to provide for real property taxation powers of First Nations, to create a First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority and to make consequential amendments to other Acts [Assented to 23rd March 2005] Preamble Whereas the Government of Canada has adopted a policy recognizing the inherent right of self-government as an Aboriginal right and providing for the negotiation of self-government; Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation; Whereas the creation of national Aboriginal institutions will assist First Nations that choose to exercise real property taxation jurisdiction on reserve lands; Whereas economic development through the application of real property tax revenues and other local revenues to support borrowing on capital markets for the development of public infrastructure is available to other governments in Canada; Whereas real property taxation regimes on reserves should recognize both the interests of on-reserve taxpayers and the rights of members of First Nations communities; Whereas First Nations led an initiative that resulted in 1988 in an amendment to the Indian Act so that their jurisdiction over real property taxation on reserve could be exercised and the Indian Taxation Advisory Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management Short Title Sections 1-2 Board was created to assist in the exercise of that jurisdiction; Whereas, in 1995, the First Nations Finance Authority Inc. was incorporated for the purposes of issuing debentures using real property tax revenues and providing investment opportunities; Whereas, by 1999, First Nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system; And whereas First Nations have led an initiative culminating in the introduction of this Act; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2005, c. 9, Preamble; 2012, c. 19, s. 657; 2018, c. 27, ss. 413(E), 414(E). Short Title Short title 1 This Act may be cited as the First Nations Fiscal Management Act. 2005, c. 9, s. 1; 2012, c. 19, s. 658. Interpretation Definitions 2 (1) The following definitions apply in this Act. borrowing member means a First Nation that has been accepted as a borrowing member under subsection 76(2) and has not ceased to be a borrowing member under section 77. (membre emprunteur) capital assets includes capital infrastructure. (immobilisation) council has the same meaning as council of the band in subsection 2(1) of the Indian Act. (conseil de la première nation) First Nation means a band named in the schedule. (première nation) First Nations Finance Authority means the corporation established under section 58. (Administration financière des premières nations) Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management Interpretation Section 2 First Nations Financial Management Board means the board established under subsection 38(1). (Conseil de gestion financière des premières nations) First Nations Gazette means the publication published under section 34. (Gazette des premières nations) First Nations Statistical Institute [Repealed, 2012, c. 19, s. 659] First Nations Tax Commission means the commission established under subsection 17(1). (Commission de la fiscalité des premières nations) interest, in relation to reserve lands in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the lands, including any right to occupy, possess or use the lands, but does not include title to the lands that is held by her Majesty. (intérêt) local revenue law means a law made under subsection 5(1). (texte législatif sur les recettes locales) local revenues means moneys raised under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a). (recettes locales) Minister means the Minister of Crown-Indigenous Relations. (ministre) property taxation law means a law made under paragraph 5(1)(a). (texte législatif relatif à l’imposition foncière) right, in relation to reserve lands in Quebec, means any right of any nature in or to the lands, including any right to occupy, possess or use the lands and any right of a lessee, but does not include title to the lands that is held by her Majesty. (droit) third-party management means the management of a First Nation’s local revenues under section 53. (Version anglaise seulement) Indian Act definitions (2) Unless the context otherwise requires, words and expressions used in this Act and not otherwise defined have the same meaning as in the Indian Act. Amendments to schedule (3) At the request of the council of a band, the Minister may, by order, amend the schedule in order to Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management Interpretation Sections 2-5 (a) add or change the name of the band; or (b) delete the name of the band, as long as there are no amounts owing by the band to the First Nations Finance Authority that remain unpaid. For greater certainty (4) For greater certainty, nothing in this Act shall be construed as requiring capital assets for the provision of local services on reserve lands to be located on reserve lands. 2005, c. 9, s. 2; 2012, c. 19, s. 659; 2015, c. 36, s. 177; 2018, c. 27, ss. 385, 414(E); 2019, c. 29, s. 373. Aboriginal Rights Aboriginal and treaty rights 3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982. 2005, c. 9, s. 3; 2018, c. 27, s. 413(E). PART 1 First Nations Fiscal Powers Financial administration laws 4 The council of a First Nation may not make a law under paragraph 5(1)(d) until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board. 2005, c. 9, s. 4; 2018, c. 27, s. 414(E). Local revenue laws 5 (1) Subject to subsections (2) to (5), sections 4 and 6 and any regulations made under paragraph 36(1)(d), the council of a First Nation may make laws (a) respecting taxation for local purposes of reserve lands and interests or rights in reserve lands, including (i) the assessment of the value of those lands and interests or rights, the requisition of any information necessary to conduct the assessment and the inspection, in accordance with procedures prescribed by regulation, for assessment purposes of any reserve lands that are subject to taxation for local purposes, Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Section 5 (ii) a mechanism to establish tax rates and apply them to the assessed value of those lands and interests or rights, (iii) taxation for the provision of services in respect of reserve lands, (iv) the taxation of business activities on reserve lands, and (v) the imposition of development cost charges; (a.1) respecting the charging of fees for the provision of services or the use of facilities on reserve lands, or for a regulatory process, permit, licence or other authorization, in relation to water, sewers, waste management, animal control, recreation and transportation, as well as any other similar services; (b) authorizing the expenditure of local revenues; (c) respecting procedures by which the interests of taxpayers may be represented to the council; (d) respecting the borrowing of money from the First Nations Finance Authority, including any authorization to enter into a particular borrowing agreement with that Authority; (e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1) in respect of outstanding taxes, charges or fees, including (i) the creation of liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands, (ii) the imposition and recovery of interest and penalties on an amount payable pursuant to a law made under that paragraph, where the amount is not paid when it is due, and the rate of interest or the amount of the penalty, as the case may be, (iii) subject to subsection (7), the seizure, forfeiture and assignment of interests or rights in reserve lands, (iv) the seizure and sale of personal or movable property located on reserve lands, other than property located in a dwelling, (v) the discontinuance of services, and (vi) the recovery of costs that are incurred by the First Nation for the enforcement of those laws; Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Section 5 (f) delegating to any person or body any of the council’s powers to make laws under any of paragraphs (a) to (e); and (g) delegating to the First Nations Financial Management Board any other of the council’s powers that are required to give effect to a co-management arrangement entered into under section 52 or to give effect to third-party management of the First Nation’s local revenues. Approval required (2) A law made under subsection (1) does not have any force or effect until it is approved by the First Nations Tax Commission. Coming into force (3) A law made under subsection (1) comes into force on the later of (a) the day of coming into force set out in the law, and (b) the day after it is approved by the First Nations Tax Commission. Appeals (4) A law made under subparagraph (1)(a)(i) shall include (a) an appeal procedure in respect of assessments, incorporating such procedures as are prescribed by regulation; and (b) fixed rates of remuneration and fixed terms of office for any persons designated to decide the appeals. (5) [Repealed, 2015, c. 36, s. 178] (6) [Repealed, 2018, c. 27, s. 386] Assignment of interest or right (7) Despite the Indian Act or any instrument or act conferring an interest or right in reserve lands, if there are outstanding taxes payable under a law made under paragraph (1)(a) for more than two years, the First Nation may assign the interest or right in accordance with the conditions and procedures prescribed by regulation. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 5-6 Judicial notice (8) In any proceedings, judicial notice may be taken of a local revenue law. Statutory Instruments Act (9) The Statutory Instruments Act does not apply in respect of local revenue laws or laws made under section 9. 2005, c. 9, s. 5; 2015, c. 36, s. 178; 2018, c. 27, ss. 386, 414(E). Notice of proposed laws 6 (1) At least 30 days — or any longer period fixed by a standard made under subsection 35(1) — before making a law under paragraph 5(1)(a), (a.1) or (c), including a law repealing or amending such a law, other than a law referred to in subsection 10(1), the council of a First Nation shall (a) publish a notice of the proposed law in the First Nations Gazette; (b) post the notice in a public place on the reserve lands of the First Nation; and (c) send the notice, by mail or electronic means, to the First Nations Tax Commission. Exemption (2) The First Nations Tax Commission may exempt a First Nation from the requirements of subsection (1) in respect of an amendment of a law if the Commission considers that the amendment is not significant. Content of notice (3) A notice referred to in subsection (1) shall (a) describe the proposed law; (b) state where a copy of the proposed law may be obtained; (c) invite representations regarding the proposed law to be made, in writing, to the council within the period referred to in subsection (1); and (d) if the council is to review the proposed law at a public meeting, state the time and place of the meeting. Council to consider representations (4) Before making a law under paragraph 5(1)(a), (a.1) or (c), the council of a First Nation shall consider any Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 6-8 representations that were made in accordance with paragraph (3)(c) or at a meeting referred to in paragraph (3)(d). 2005, c. 9, s. 6; 2015, c. 36, s. 179; 2018, c. 27, s. 414(E). Further representations 7 When the council of a First Nation sends a law made under paragraph 5(1)(a), (a.1) or (c), other than a law referred to in subsection 10(1), to the First Nations Tax Commission for its approval, the council shall (a) provide a copy of the law to any persons who made representations under paragraph 6(3)(c); and (b) invite those persons to make written representations to the Commission within 30 days after the day on which they receive the copy of the law. 2005, c. 9, s. 7; 2018, c. 27, s. 387. Information accompanying property taxation law 8 (1) A property taxation law — including an amendment of a property taxation law — shall, when submitted to the First Nations Tax Commission for approval, be accompanied by (a) a description of the lands and interests or rights subject to the law; (b) a description of the assessment practices to be applied to each class of land and interest or right; (c) information regarding services to be provided from local revenues, existing service agreements and any service agreement negotiations under way at the time the law was made; (d) a description of the notices that were given and any consultation undertaken by the council before making the law; and (e) evidence that the law was duly made by the council. Exemption (2) The First Nations Tax Commission may exempt a First Nation from the requirements of subsection (1) in respect of an amendment of a property taxation law if the Commission considers that the amendment is not significant. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 8-9 Accompanying information (3) A law made under paragraph 5(1)(a.1) or (c), when submitted to the First Nations Tax Commission for approval, shall be accompanied by (a) a description of the notices that were given and any consultation undertaken by the council before making the law; and (b) evidence that the law was duly made by the council. Evidence law duly made (4) A law made under any of paragraphs 5(1)(b) and (d) to (g) that is submitted to the First Nations Tax Commission for approval shall be accompanied by evidence that it was duly made by the council. Additional information on request (5) At the request of the First Nations Tax Commission, a First Nation shall provide any documents that the Commission requires in order to (a) review a local revenue law; (b) determine that the law was made in accordance with this Act, the regulations or any standards made under subsection 35(1); or (c) perform any of its other functions under this Act. 2005, c. 9, s. 8; 2015, c. 36, s. 180; 2018, c. 27, ss. 388, 414(E). Financial administration laws 9 (1) Subject to subsections (2) and (3), the council of a First Nation may make laws (a) respecting the financial administration of the First Nation; and (b) delegating to any person or body its powers to make laws under paragraph (a). Approval required (2) A law made under subsection (1), including any amendment of such a law, does not have any force or effect until it is approved by the First Nations Financial Management Board. Conditions for approval (2.1) The First Nations Financial Management Board shall not approve a law made under subsection (1) unless Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 9-10 it was made in accordance with this Act, the regulations and, in all material respects, any standards established under paragraph 55(1)(a). Coming into force (3) A law made under subsection (1) comes into force on the later of (a) the day of coming into force set out in the law, and (b) the day after it is approved by the First Nations Financial Management Board. (c) [Repealed, 2015, c. 36, s. 181] Evidence law duly made (4) A law made under subsection (1) that is submitted to the First Nations Financial Management Board for approval shall be accompanied by evidence that it was duly made by the council. Additional information on request (5) At the request of the First Nations Financial Management Board, a First Nation shall provide any documents that the Board requires in order to (a) review a financial administration law submitted to the Board; (b) determine that the law was made in accordance with this Act, the regulations or any standards made under subsection 55(1); or (c) perform any of its other functions under this Act. Judicial notice (6) In any proceedings, judicial notice may be taken of a law that is made under subsection (1) and approved by the First Nations Financial Management Board under subsection (2). 2005, c. 9, s. 9; 2015, c. 36, s. 181; 2018, c. 27, s. 414(E). Repeal of financial administration law 9.1 A borrowing member shall not repeal a financial administration law made under subsection 9(1) that has been approved by the First Nations Financial Management Board unless that law is replaced by another financial administration law that has been approved by the Board. 2015, c. 36, s. 182. Law under paragraph 5(1)(a) 10 (1) A council of a First Nation that makes a property taxation law that requires a rate of tax to be set annually Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 10-11 shall also make a law under paragraph 5(1)(a) setting the rate of tax to be applied to the assessed value of each class of lands and interests or rights at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1). Law under paragraph 5(1)(b) (2) A council of a First Nation that makes a property taxation law or that makes a law under paragraph 5(1)(a.1) shall also make a law under paragraph 5(1)(b) establishing a budget for the expenditure of local revenues at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1). 2005, c. 9, s. 10; 2015, c. 36, s. 182; 2018, c. 27, ss. 389, 414(E). No repeal by borrowing members 11 (1) A borrowing member shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless (a) the revenues raised under that law, if any, are not being used as security for financing obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or (b) the law is concurrently replaced by a new law of the same nature that would not result in a reduction of the borrowing member’s borrowing capacity. Priority to Authority (2) A law made under paragraph 5(1)(b) by a borrowing member shall not authorize the expenditure of local revenues unless the borrowing member’s budget provides for the payment of all amounts payable to the First Nations Finance Authority during the budget period. Financial commitment (3) The borrowing member shall, in every year, reserve such local revenues as are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year are actually paid in that year. 2005, c. 9, s. 11; 2015, c. 36, s. 183. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 12-14 Legal capacity of first nations 12 For greater certainty, for the purposes of Part 4, a borrowing member has the capacity to contract and to sue and be sued. Local revenue account 13 (1) Local revenues of a First Nation shall be placed in a local revenue account with a financial institution, separate from other moneys of the First Nation. Restriction on expenditures (2) Local revenues may be expended only under the authority of a law made under paragraph 5(1)(b). Balanced budget (3) Expenditures provided for in a law made under paragraph 5(1)(b) shall not exceed the local revenues estimated for the year in which those expenditures are to be made, less any deficit accumulated from prior years. 2005, c. 9, s. 13; 2015, c. 36, s. 184; 2018, c. 27, s. 414(E). Expenditure not authorized by law 13.1 Despite subsection 13(2), a First Nation is authorized to make an expenditure of local revenues other than under the authority of a law made under paragraph 5(1)(b) in one of the following circumstances: (a) in the case where no law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the First Nation, after making that expenditure, makes a law under that paragraph that authorizes the making of that expenditure; or (b) in the case where a law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the First Nation is satisfied that the making of that expenditure constitutes an urgent measure and the First Nation, as soon as feasible after making the expenditure, amends that law to authorize the making of that expenditure. 2015, c. 36, s. 185; 2018, c. 27, s. 414(E). Local revenues 14 (1) Local revenues of a First Nation shall be reported on and accounted for separately from other moneys of the First Nation in compliance with the standards established under paragraph 55(1)(d). Audited reports (1.1) For the purposes of subsection (1), the First Nation shall prepare a financial report on its local revenues that shall be audited at least once each year. However, if it is Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 1 First Nations Fiscal Powers Sections 14-16 authorised by a standard established under paragraph 55(1)(d), the First Nation may instead report on its local revenues in its audited annual financial statements as a distinct segment of the activities that appear in the statements. Access to report (2) The audited financial report or the audited annual financial statements, as the case may be, shall be made available to (a) the members of the First Nation; (b) any other persons who have an interest or right in the First Nation’s reserve lands; (c) the First Nations Tax Commission, the First Nations Financial Management Board and the First Nations Finance Authority; and (d) the Minister. 2005, c. 9, s. 14; 2015, c. 36, s. 186; 2018, c. 27, ss. 390, 414(E). Non-application of certain provisions 15 Paragraphs 83(1)(a) and (b) to (g) and section 84 of the Indian Act do not apply to a First Nation. In addition, any regulations made under paragraph 73(1)(m) of that Act do not apply to a First Nation in respect of the borrowing of money under a law made under paragraph 5(1)(d). 2005, c. 9, s. 15; 2015, c. 36, s. 187; 2018, c. 27, s. 414(E). PART 2 First Nations Tax Commission Interpretation Definitions 16 The following definitions apply in this Part. Commission means the First Nations Tax Commission. (Commission) taxpayer means a person paying tax under a property taxation law. (contribuable) Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Establishment and Organization of Commission Sections 17-20 Establishment and Organization of Commission Commission 17 (1) There is hereby established a commission, to be known as the First Nations Tax Commission, consisting of 10 commissioners, including a Chief Commissioner and Deputy Chief Commissioner. Capacity, rights, powers and privileges (2) The Commission has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; (c) raise, invest or borrow money; and (d) sue and be sued. 2005, c. 9, s. 17; 2018, c. 27, s. 391. When agent of Her Majesty 18 (1) The Commission is an agent of Her Majesty only for the approval of local revenue laws. Savings (2) For the purpose of subsection (1), the issuance of a certificate referred to in paragraph 32(2)(b) is deemed not to be an approval of a local revenue law. Appointment of Chief Commissioner 19 (1) On the recommendation of the Minister, the Governor in Council shall appoint a Chief Commissioner and Deputy Chief Commissioner. Tenure (2) The Chief Commissioner and Deputy Chief Commissioner hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment of commissioners 20 (1) On the recommendation of the Minister, the Governor in Council shall appoint four commissioners to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Establishment and Organization of Commission Sections 20-23 Appointment of commissioners (2) On the recommendation of the Minister, the Governor in Council shall appoint three additional commissioners — one of whom shall be a taxpayer using reserve lands for commercial, one for residential and one for utility purposes — to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment of additional commissioner (3) A body prescribed by regulation shall appoint an additional commissioner to hold office during pleasure for a term not exceeding five years. Staggered terms (4) In determining the term of appointment of commissioners, the Governor in Council shall endeavour to ensure that the terms of no more than three commissioners expire in any one calendar year. Qualifications (5) The Commission shall be composed of men and women from across Canada, including members of First Nations, who are committed to the development of a system of First Nations real property taxation and who have the experience or capacity to enable the Commission to fulfil its mandate. 2005, c. 9, s. 20; 2018, c. 27, s. 414(E). Status 21 The Chief Commissioner shall hold office on a fulltime basis, while the other commissioners shall hold office on a part-time basis. Reappointment 22 A commissioner may be reappointed for a second or subsequent term of office. Remuneration 23 (1) Commissioners shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Chief Commissioner shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from his or her ordinary place of work. Other Commissioners shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Establishment and Organization of Commission Sections 24-29 Chief Commissioner — functions 24 The Chief Commissioner is the chief executive officer of the Commission and has supervision over, and direction of, the work and staff of the Commission. Deputy Chief Commissioner — functions 25 In the event of the absence or incapacity of the Chief Commissioner, or if the office of Chief Commissioner is vacant, the Deputy Chief Commissioner shall assume the duties and functions of the Chief Commissioner. Head office 26 (1) The head office of the Commission shall be on the reserve lands of the Tk’emlúps te Secwépemc or at any other location that the Governor in Council determines. Additional office (2) The Commission shall maintain an additional office in the National Capital Region described in the schedule to the National Capital Act. 2005, c. 9, s. 26; 2018, c. 27, s. 392. Rules of procedure 27 The Commission may make any rules that it considers necessary for the conduct of, and the fixing of a quorum for, its meetings. Staff 28 (1) The Commission may (a) hire any staff that is necessary to conduct the work of the Commission; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salaries and benefits fixed by the Commission. Purposes Mandate 29 The purposes of the Commission are to (a) ensure the integrity of the system of First Nations real property taxation and promote a common approach to First Nations real property taxation nationwide, having regard to variations in provincial real property taxation systems; Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Purposes Sections 29-31 (b) ensure that the real property taxation systems of First Nations reconcile the interests of taxpayers with the responsibilities of chiefs and councils to govern the affairs of First Nations; (c) prevent, or provide for the timely resolution of, disputes in relation to the application of local revenue laws; (d) assist First Nations in the exercise of their jurisdiction over real property taxation on reserve lands and build capacity in First Nations to administer their taxation systems; (e) develop training programs for First Nation real property tax administrators; (f) assist First Nations to achieve sustainable economic development through the generation of stable local revenues; (g) promote a transparent First Nations real property taxation regime that provides certainty to taxpayers; (h) promote understanding of the real property taxation systems of First Nations; and (i) provide advice to the Minister regarding future development of the framework within which local revenue laws are made. 2005, c. 9, s. 29; 2018, c. 27, s. 414(E). Functions and Powers Powers 30 In furtherance of the purposes set out in section 29, the Commission may enter into cooperative arrangements and shared-cost ventures with national and international organizations to consult on or sell products or services developed for First Nations who have made property taxation laws. 2005, c. 9, s. 30; 2018, c. 27, s. 414(E). Local revenue law review 31 (1) The Commission shall review every local revenue law. Written submissions (2) Before approving a law made under paragraph 5(1)(a), (a.1) or (c), other than a law referred to in subsection 10(1), the Commission shall consider, in accordance with any regulations made under paragraph Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Functions and Powers Sections 31-32 36(1)(b), any representations made to it under paragraph 7(b) in respect of the law. Local revenue law approval (3) Subject to section 32, the Commission shall approve a local revenue law that complies with this Act and with any standards and regulations made under this Act. Registry (4) The Commission shall maintain a registry of every law approved by it under this section and every financial administration law made under section 9. 2005, c. 9, s. 31; 2018, c. 27, s. 393. Restrictions 32 (1) The Commission shall not approve a law made under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands unless (a) the First Nation has obtained and forwarded to the Commission a certificate in respect of their financial performance, issued by the First Nations Financial Management Board under subsection 50(3); and (b) the First Nation has unutilized borrowing capacity. Copy and certificate (2) On approving a law made by a First Nation under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands, the Commission shall provide the First Nations Finance Authority with (a) a true copy of the law registered under subsection 31(4); and (b) a certificate stating that the law meets all the requirements of this Act and the regulations made under this Act. Notice of judicial review (3) If the Commission becomes aware that judicial review proceedings have been undertaken in respect of a law made by a First Nation under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands, the Commission shall without delay inform the First Nations Finance Authority of those proceedings. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Functions and Powers Sections 32-33 Certificate is evidence (4) A certificate referred to in paragraph (2)(b) is, in the absence of evidence to the contrary, conclusive evidence in any judicial proceedings of the facts contained in it. 2005, c. 9, s. 32; 2015, c. 36, s. 188; 2018, c. 27, ss. 394, 414(E). Review on request 33 (1) On the request in writing by a member of a First Nation, or by a person who holds an interest or right in reserve lands, who (a) is of the opinion that the First Nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, (b) has requested the council of the First Nation to remedy the situation, and (c) is of the opinion that the council has not remedied the situation, the Commission shall conduct a review of the matter in accordance with the regulations. Independent review (2) If the Commission is of the opinion that a First Nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations. Remedy (3) If, after conducting a review, the Commission considers that a First Nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, the Commission (a) shall order the First Nation to remedy the situation; and (b) may, if the First Nation does not remedy the situation within the time set out in the order, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on the First Nation or assume third-party management of the First Nation’s local revenues to remedy the situation. 2005, c. 9, s. 33; 2018, c. 27, ss. 395, 414(E). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Functions and Powers Sections 34-35 First Nations Gazette 34 (1) All local revenue laws approved by the Commission and all standards and procedures established by the Commission under section 35 shall be published in the First Nations Gazette. Frequency of publication (2) The Commission shall publish the First Nations Gazette at least once in each calendar year. Standards and Procedures Standards 35 (1) The Commission may establish standards, not inconsistent with the regulations, respecting (a) the form and content of local revenue laws; (b) enforcement procedures to be included in those laws; (c) criteria for the approval of laws made under paragraph 5(1)(d) or (f); (c.01) criteria for the approval of local revenue laws respecting reserve lands that have been set apart for the use and benefit of more than one First Nation, including criteria in relation to the First Nations entering into agreements in relation to the administration of those local revenue laws and criteria in respect of those agreements; (c.1) notices relating to local revenue laws, including any minimum periods applicable to the notices; (d) the form in which information required under section 8 is to be provided to the Commission; and (e) the dates on or before which laws must be made by a council of a First Nation under section 10. Procedures (2) The Commission may establish procedures respecting (a) submission for approval of local revenue laws; (b) approval of those laws; (c) representation of taxpayers’ interests in the decisions of the Commission; and Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Standards and Procedures Sections 35-36 (d) resolution of disputes with First Nations concerning the taxation of interests or rights on reserve lands. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to a standard established under subsection (1) or a procedure established under subsection (2). 2005, c. 9, s. 35; 2015, c. 36, s. 189; 2018, c. 27, ss. 396, 414(E). Regulations Regulations 36 (1) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Commission, make regulations (a) prescribing anything that is to be prescribed under subparagraph 5(1)(a)(i), paragraph 5(1)(e) or (4)(a), subsection 5(7) or section 10; (b) establishing procedures to be followed for the purposes of section 31 or 33, including procedures (i) for requiring the production of documents from a First Nation or person requesting a review under subsection 33(1), (ii) for conducting hearings, and (iii) authorizing the Commission to apply to a justice of the peace for a subpoena compelling a person to appear before the Commission to give evidence and bring any documents specified in the subpoena, and to pay associated travel expenses; (c) prescribing fees to be charged by the Commission for services to First Nations and other organizations; and (d) respecting the exercise of the law-making powers of First Nations under subsection 5(1). Provincial differences (2) Regulations made under paragraph (1)(a) may vary from province to province. Authority to vary (3) Regulations made under paragraph (1)(b) may authorize the Commission to Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 2 First Nations Tax Commission Regulations Sections 36-38 (a) vary the procedures to accommodate the customs or culture of a First Nation in respect of which a hearing is being held; (b) extend or shorten any period provided for in those regulations; (c) dispense with compliance with any procedure provided for in the regulations in the interest of securing a just, expeditious and inexpensive hearing of a complaint; and (d) delegate any of the powers of the Commission under section 31 or 33 to a panel consisting of one or more commissioners. Designation of panels by Chief Commissioner (3.1) Regulations made under paragraph (1)(b) may authorize or require the Chief Commissioner to designate the members of a panel for the purposes of the delegation of powers referred to in paragraph (3)(d). Inconsistencies (4) In the event of an inconsistency between a law made under subsection 5(1) and regulations made under subsection (1), the regulations prevail to the extent of the inconsistency. 2005, c. 9, s. 36; 2015, c. 36, s. 190; 2018, c. 27, s. 414(E). PART 3 First Nations Financial Management Board Interpretation Definition of Board 37 In this Part, Board means the First Nations Financial Management Board. Establishment and Organization of Board Establishment 38 (1) There is established a board, to be known as the First Nations Financial Management Board, to be managed by a board of directors consisting of a minimum of nine and a maximum of 13 directors, including a Chairperson and Vice-Chairperson. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Establishment and Organization of Board Sections 38-41 Capacity, rights, powers and privileges (2) The Board has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; (c) raise, invest or borrow money; and (d) sue and be sued. 2005, c. 9, s. 38; 2010, c. 12, s. 1733; 2018, c. 27, s. 397. Not agent of Her Majesty 39 The Board is not an agent of Her Majesty. Appointment of Chairperson 40 On the recommendation of the Minister, the Governor in Council shall appoint a Chairperson to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment of additional directors 41 (1) The Governor in Council, on the recommendation of the Minister, shall appoint a minimum of five, and a maximum of nine, other directors to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment by AFOA Canada (2) AFOA Canada, or any other body prescribed by regulation, shall appoint up to three additional directors to hold office during pleasure for a term not exceeding five years. Staggered terms (3) In determining the term of appointment of directors, the Governor in Council shall endeavour to ensure that the terms of no more than three directors expire in any one calendar year. Qualifications (4) The board of directors shall be composed of men and women from across Canada, including members of First Nations, who are committed to the strengthening of First Nation financial management and who have the experience or capacity to enable the Board to fulfil its mandate. 2005, c. 9, s. 41; 2010, c. 12, s. 1734; 2017, c. 26, s. 50; 2018, c. 27, s. 414(E). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Establishment and Organization of Board Sections 42-49 Election of Vice-Chairperson 42 (1) The board of directors shall elect a Vice-Chairperson from among the directors. Functions (2) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the ViceChairperson shall assume the duties and functions of the Chairperson. Reappointment 43 Directors may be reappointed for a second or subsequent term of office. Status 44 Directors shall hold office on a part-time basis. Remuneration 45 (1) Directors shall be paid the remuneration determined by the Governor in Council. Expenses (2) Directors shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of residence. Rules of procedure 46 The board of directors may make any rules that it considers necessary for the conduct of its meetings. Head office 47 The head office of the Board shall be at a location determined by the Governor in Council. Staff 48 (1) The board of directors may (a) hire any staff that is necessary to conduct the work of the Board; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the board of directors. Purposes Mandate 49 The purposes of the Board are to Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Purposes Sections 49-50 (a) assist First Nations in developing the capacity to meet their financial management requirements; (b) assist First Nations in their dealings with other governments respecting financial management, including matters of accountability and shared fiscal responsibility; (c) assist First Nations in the development, implementation and improvement of financial relationships with financial institutions, business partners and other governments, to enable the economic and social development of First Nations; (d) develop and support the application of general credit rating criteria to First Nations; (e) provide review and audit services respecting First Nation financial management; (f) provide assessment and certification services respecting First Nation financial management and financial performance; (g) provide financial monitoring services respecting First Nation financial management and financial performance; (h) provide co-management and third-party management services; and (i) provide advice, policy research and review and evaluative services on the development of fiscal arrangements between First Nations’ governments and other governments. 2005, c. 9, s. 49; 2018, c. 27, s. 414(E). Functions and Powers Review of financial management system 50 (1) On the request of the council of a First Nation, the Board may review the First Nation’s financial management system or financial performance for compliance with the standards established under subsection 55(1). Report (2) On completion of a review under subsection (1), the Board shall provide to the First Nation a report setting out Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Sections 50-50.1 (a) the scope of the review undertaken; and (b) an opinion as to whether the First Nation was in compliance with the standards or as to which aspects of the standards were not complied with by the First Nation. Issuance of certificate (3) If after completing a review under subsection (1) the Board is of the opinion that the First Nation was in compliance, in all material respects, with the standards, it shall issue to the First Nation a certificate to that effect. Revocation of certificate (4) The Board may, on giving notice to a council, revoke a certificate issued under subsection (3) if, on the basis of financial or other information available to the Board, it is of the opinion that (a) the basis on which the certificate was issued has materially changed; (b) the First Nation provided information that is incomplete or incorrect or made misrepresentations to the Board; or (c) the First Nation is no longer in compliance, in all material respects, with the standards. Form and content (5) The Board may determine the form and content of certificates issued under subsection (3), including any restrictions as to the purposes for which, and the persons by whom, they are intended to be used. Remedial measures required (6) If a borrowing member’s certificate is revoked, the borrowing member shall, without delay, take any measures required to re-establish its certification. Opinion final (7) An opinion of the Board referred to in this section is final and conclusive and is not subject to appeal. 2005, c. 9, s. 50; 2015, c. 36, s. 191; 2018, c. 27, s. 414(E). Review of financial management system — nonscheduled entities 50.1 (1) On the request of any of the following entities, the Board may review the entity’s financial management system, financial performance or laws or by-laws respecting financial administration to determine whether it is in compliance, in all material respects, with the standards established under subsection (3): Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Section 50.1 (a) a band that is not named in the schedule; (b) a tribal council; (c) an Aboriginal group that is a party to a treaty, land claims agreement or self-government agreement with Canada or with a province, or an entity established under, or as a result of, such a treaty or agreement; (d) an entity — owned or controlled by one or more First Nations or entities referred to in paragraphs (a), (b) or (c) — whose mandate is primarily to promote the well-being or advancement of Aboriginal people; or (e) a not-for-profit organization established to provide public services, including social welfare, housing, recreational, cultural, health or educational services, to Aboriginal groups or Aboriginal persons. Report (2) On completion of a review under subsection (1), the Board shall provide to the entity a report setting out (a) the scope of the review undertaken; and (b) an opinion as to whether the entity was in compliance, in all material respects, with the standards or as to which aspects of the standards were not complied with by the entity. Standards (3) The Board may establish standards, not inconsistent with the regulations, respecting (a) financial management systems and financial performance of entities referred to in subsection (1); and (b) the form and content of laws or by-laws respecting financial administration of entities referred to in subsection (1). Procedures (4) The Board may establish procedures respecting the review referred to in subsection (1). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Sections 50.1-52 Statutory Instruments Act (5) The Statutory Instruments Act does not apply to a standard established under subsection (3) or a procedure established under subsection (4). First Nations Gazette (6) All standards established by the Board under subsection (3) shall be published in the First Nations Gazette. 2018, c. 27, s. 398. Required intervention 51 On receipt of a notice from the First Nations Tax Commission under paragraph 33(3)(b) or from the First Nations Finance Authority under subsection 86(4), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52 or assume third-party management of the First Nation’s local revenues in accordance with section 53, as the Board sees fit. 2005, c. 9, s. 51; 2018, c. 27, s. 414(E). Imposed co-management 52 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a comanagement arrangement in respect of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; or (b) on receipt of a request or demand to do so under paragraph 33(3)(b) or subsection 86(4). Powers (2) Under a co-management arrangement, the Board may (a) recommend amendments to a law of the First Nation made under this Act; (b) recommend changes to the First Nation’s expenditures or budgets; (c) recommend improvements to the First Nation’s financial management system; (d) recommend changes to the delivery of programs and services; (e) order that expenditures of local revenues of the First Nation be approved by, or paid with cheques cosigned by, a manager appointed by the Board; and Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Sections 52-53 (f) exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority. Termination by Board (3) The Board may terminate a co-management arrangement with a First Nation on giving notice to its council that the Board is of the opinion that (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; (b) where the First Nation was in default of a payment obligation to the First Nations Finance Authority, the First Nation has remedied the default; (c) a co-management arrangement requested or demanded under paragraph 33(3)(b) or subsection 86(4) is no longer required; or (d) third-party management of the First Nation’s local revenues is required. Opinion final (4) An opinion given by the Board under this section is final and conclusive and is not subject to appeal. Notice (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of a co-management arrangement. 2005, c. 9, s. 52; 2018, c. 27, s. 414(E). Third-party management 53 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board, a co-management arrangement under section 52 has not been effective; (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; or Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Section 53 (c) on receipt of a request or demand to do so under paragraph 33(3)(b) or subsection 86(4). Powers (2) If the Board assumes third-party management of the local revenues of a First Nation, the Board has the exclusive right to (a) subject to subsection (3), act in the place of the council of the First Nation to make laws under paragraphs 5(1)(a) to (f) and subsection 9(1); (b) act in the place of the council of the First Nation to (i) exercise any powers and fulfil any obligations of the council under this Act, the regulations made under this Act or any laws made under paragraphs 5(1)(a) to (e), (ii) manage the First Nation’s local revenues, including the local revenue account, (iii) undertake any necessary borrowing for the purpose of remedying the situation for which thirdparty management was required, and (iv) provide for the delivery of programs and services that are paid for out of local revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; (b.1) [Repealed, 2018, c. 27, s. 399] (c) assign interests or rights under subsection 5(7); and (d) exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority. (e) [Repealed, 2018, c. 27, s. 399] Delegation — consent of council required (3) The Board shall not make a law under paragraph 5(1)(f) or 9(1)(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the local revenues of a First Nation, unless the council of the First Nation gives its consent. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Sections 53-54 Prohibition (4) The council of the First Nation shall not, during the time that the board assumes third-party management of the First Nation’s local revenues, repeal any law made under paragraph 5(1)(g). Review every six months (5) Where the Board has assumed third-party management of a First Nation’s local revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the council of the First Nation of the results of its review. Termination by Board (6) The Board may terminate third-party management of a First Nation’s local revenues, on giving notice to the council of the First Nation, if (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority and the Authority consents to the termination in writing; (b) where the First Nation was in default of an obligation to the First Nations Finance Authority, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing; or (c) it is of the opinion that the situation for which third-party management of the First Nation’s local revenues was required under paragraph 33(3)(b) or subsection 86(4) has been remedied. Opinion final (7) An opinion given by the Board under this section is final and conclusive and is not subject to appeal. Notice (8) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of a First Nation’s local revenues. 2005, c. 9, s. 53; 2015, c. 36, s. 192; 2018, c. 27, ss. 399, 414(E). Required information 54 At the request of the Board, a First Nation that has made a local revenue law shall provide to the Board any information about the First Nation’s financial management system and financial performance that the Board Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Functions and Powers Sections 54-56 requires for a decision regarding a co-management arrangement or third-party management of the First Nation’s local revenues. 2005, c. 9, s. 54; 2018, c. 27, s. 414(E). Standards and Procedures Standards 55 (1) The Board may establish standards, not inconsistent with the regulations, respecting (a) the form and content of laws made under section 9; (b) approvals of the Board under Part 1; (c) certification of First Nations under section 50; and (d) financial reporting under subsection 14(1). Procedures (2) The Board may establish procedures respecting (a) the submission for approval and approval of laws made under section 9; (b) the issuance of a certificate under subsection 50(3); and (c) the implementation or termination of a co-management arrangement or third-party management of a First Nation’s local revenues. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to a standard established under subsection (1) or a procedure established under subsection (2). First Nations Gazette (4) All laws made under section 9 and approved by the Board and all standards established by the Board under subsection (1) shall be published in the First Nations Gazette. 2005, c. 9, s. 55; 2018, c. 27, s. 414(E). Regulations Regulations 56 The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Board, make regulations Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 3 First Nations Financial Management Board Regulations Sections 56-57 (a) respecting the implementation of a co-management arrangement or third-party management of a First Nation’s local revenues, including the obligations of affected First Nations to provide access to financial records; and (b) fixing fees that the Board may charge for services, including fees to First Nations for co-management and third-party management services, and the manner in which the fees may be recovered. 2005, c. 9, s. 56; 2018, c. 27, s. 414(E). Regulations 56.1 For the purpose of enabling an entity referred to in any of paragraphs 50.1(1)(a) to (e) to obtain the services of the Board, other than co-management and third-party management services, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. 2018, c. 27, s. 400. PART 4 First Nations Finance Authority Interpretation Definitions 57 The following definitions apply in this Part. Authority means the First Nations Finance Authority. (Administration) investing member means a First Nation that has invested in a short-term investment pool managed by the Authority. (membre investisseur) long-term loan means a loan the term of which is one year or longer. (prêt à long terme) member means a borrowing member or investing member. (membre) property tax revenues means moneys raised under laws made under paragraphs 5(1)(a) and (a.1) and payments made to a First Nation in lieu of a tax imposed by Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Interpretation Sections 57-61 a law made under paragraph 5(1)(a). (recettes fiscales foncières) representative, in respect of a First Nation that is a member, means the chief or a councillor of the First Nation who is designated as a representative by a resolution of its council. (représentant) security means a security of the Authority issued under paragraph 75(1)(b). (titre) short-term loan means a loan the term of which is less than one year. (prêt à court terme) 2005, c. 9, s. 57; 2015, c. 36, s. 193; 2018, c. 27, s. 414(E). Establishment and Organization of Authority Establishment 58 There is hereby established a non-profit corporation without share capital, to be known as the First Nations Finance Authority. Membership 59 The members of the Authority shall be its borrowing members and investing members. Not agent of Her Majesty 60 (1) The Authority is not an agent of Her Majesty or a Crown corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration. No guarantees (2) No person shall give a guarantee on behalf of Her Majesty for the discharge of an obligation or liability of the Authority. 2005, c. 9, ss. 60, 154(E). Board of Directors 61 (1) The Authority shall be managed by a board of directors, consisting of from 5 to 11 directors, including a Chairperson and Deputy Chairperson, elected from among the representatives of borrowing members. Nomination of directors (2) A representative of a borrowing member may nominate a representative of a borrowing member for election as Chairperson or Deputy Chairperson or as a director other than the Chairperson or Deputy Chairperson. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Establishment and Organization of Authority Sections 61-66 Election of directors (3) Directors shall be elected by representatives of borrowing members. 2005, c. 9, s. 61; 2018, c. 27, s. 401. Function of Deputy Chairperson 62 In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Deputy Chairperson shall assume the duties and functions of the Chairperson. Term of office 63 (1) Directors shall hold office on a part-time basis for a term of one year. Additional terms (2) A director is eligible to be re-elected for a second or subsequent term of office. Ceasing to be director (3) A person ceases to be a director when (a) the person ceases to hold office as a chief or councillor of a First Nation that is a borrowing member; (b) the person’s designation as a representative of a borrowing member is revoked by a resolution of the council of that First Nation; or (c) the person is removed from office before the expiry of the term of the appointment by a special resolution of the board of directors. 2005, c. 9, s. 63; 2018, c. 27, s. 402. Quorum 64 Two thirds of the directors constitute a quorum at any meeting of the board of directors. Majority vote 65 Decisions by the board of directors shall be made by a majority vote of the directors present. Canada Not-for-profit Corporations Act 66 (1) The Canada Not-for-profit Corporations Act does not apply to the Authority. Canada Business Corporations Act (2) The following provisions of the Canada Business Corporations Act apply, with any modifications that the circumstances require, to the Authority and its directors, members, officers and employees as if the Authority were a corporation incorporated under that Act, this Part were Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Establishment and Organization of Authority Section 66 its articles of incorporation and its members were its shareholders: (a) subsection 15(1) (capacity of a natural person); (b) section 16 (by-law not required to confer powers on Authority, restriction on powers of Authority, and validity of acts of Authority); (c) subsection 21(1) (access to Authority’s records by members and creditors); (d) section 23 (corporate seal not needed to validate instrument); (e) subsections 103(1) to (4) (powers of directors to make and amend by-laws, member approval of bylaws and effective date of by-laws); (f) subsection 105(1) (qualifications of directors); (g) subsection 108(2) (resignation of director); (h) section 110 (right of director to attend members’ meetings and statements by retiring directors); (i) subsection 114(1) (place of directors’ meetings); (j) section 116 (validity of acts of directors and officers); (k) section 117 (validity of directors’ resolutions not passed at meeting); (l) subsections 119(1) and (4) (liability of directors); (m) section 120 (conflict of interests of directors); (n) section 123 (directors’ dissents); (o) section 124 (directors’ indemnity); (p) section 155 (financial statements); (q) section 158 (approval of financial statements by directors); (r) section 159 (sending financial statements to members before annual meeting); (s) sections 161 and 162 (qualifications and appointment of auditor); (t) section 168 (rights and duties of auditor); (u) section 169 (examination by auditor); (v) section 170 (auditor’s right to information); Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Establishment and Organization of Authority Sections 66-69 (w) subsections 171(3) to (9) (duty and administration of audit committee and penalty for failure to comply); (x) section 172 (qualified privilege in defamation for auditor’s statements); and (y) subsections 257(1) and (2) (certificates of Authority as evidence). 2005, c. 9, s. 66; 2009, c. 23, ss. 328, 354. Remuneration of directors 67 Directors shall be paid a fee for attendance at meetings of the board of directors, as fixed by the by-laws of the Authority. Duty of care 68 (1) The directors and officers of the Authority in exercising their powers and performing their duties shall (a) act honestly and in good faith with a view to the best interests of the Authority; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Limit of liability (2) Directors and officers are not liable for a failure to comply with subsection (1) if they rely in good faith on (a) a written report of the auditor of the Authority or financial statements represented by an officer of the Authority as fairly reflecting the financial condition of the Authority; or (b) a report of a lawyer, notary, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by that person. President 69 (1) The board of directors shall appoint a President to act as the chief executive officer of the Authority. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Establishment and Organization of Authority Sections 69-73 Other staff (2) The President may employ any other officers and employees that are necessary to conduct the work of the Authority. Annual general meeting 70 The Authority shall hold an annual general meeting of representatives for the purpose of (a) presenting the annual report and audited financial statements of the Authority; (b) electing the board of directors; and (c) dealing with any other business of the Authority that may be presented by the board of directors. By-laws 71 The board of directors may make by-laws (a) respecting the calling and conduct of meetings of the board, including the holding of meetings by teleconference; (b) fixing the fees to be paid to directors for attendance at meetings of the board and the reimbursement of reasonable travel and living expenses to directors; (c) respecting the duties and conduct of the directors, officers and employees of the Authority and the terms and conditions of employment and of the termination of employment of officers and employees of the Authority; (d) respecting the signing and sealing of securities and interest coupons issued by the Authority; and (e) generally for the conduct and management of the affairs of the Authority. Head office 72 The head office of the Authority shall be on reserve lands at a location determined by the board of directors. Annual budget 73 At the beginning of every year, the President shall prepare an annual budget of the Authority and present it to the board of directors for approval. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Purposes Sections 74-75 Purposes Mandate 74 The purposes of the Authority are to (a) secure for its borrowing members, through the use of property tax revenues, (i) long-term financing or lease financing of capital assets for the provision of local services on reserve lands, or (ii) [Repealed, 2018, c. 27, s. 403] (iii) short-term financing to meet cash-flow requirements for operating or capital purposes under a law made under paragraph 5(1)(b), or to refinance a short-term debt incurred for capital purposes; (b) secure for its borrowing members, through the use of other revenues prescribed by regulation, financing for any purpose prescribed by regulation; (c) secure the best possible credit terms for its borrowing members; (d) provide investment services to First Nations and entities referred to in any of paragraphs 50.1(1)(a) to (e); and (e) provide advice regarding the development of longterm financing mechanisms for First Nations. 2005, c. 9, s. 74; 2018, c. 27, ss. 403, 414(E). Functions and Powers Powers of board of directors 75 (1) For the purposes of this Part, the board of directors may by resolution (a) borrow money in an amount authorized by the resolution; (b) issue securities of the Authority; (c) lend securities to generate income, if the loan is fully secured; (d) enter into agreements for risk management purposes, including swaps; and (e) provide for Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Section 75 (i) payments related to the issuance of securities, (ii) the registration, transfer, management and redemption of securities, (iii) the re-issuance, reinstatement or other disposition of lost, stolen, destroyed or damaged securities or interest coupons, (iv) the examination, cancellation or destruction of securities and of materials used in their production, or (v) the timing of the issuance of securities. Security issuance requirements (2) A resolution respecting the issuance of securities shall set out (a) the rate of interest; (b) the time and place of repayment of principal and interest; and (c) the currency in which repayment of principal and interest will be made. Security issuance resolutions (3) A resolution respecting the issuance of securities may provide that (a) the securities are to be redeemable in advance of maturity at a time and price set out in the resolution; (b) all or any part of the securities may be paid, refunded or renewed; (c) the securities are to be issued in an amount sufficient to realize the amount of any securities called in and paid before maturity, for a term not longer than the remainder of the term of the securities called in and paid; or (d) the securities and any interest coupons attached to them are to be in the form set out in the resolution, and are to be exchangeable for other securities of the same issue on any terms and conditions set out in the resolution. Amount of issue (4) The Authority may issue securities the principal amounts of which, after payment of any discount and the costs of issue and sale, will realize the net amount authorized by the board of directors in a resolution made under paragraph (1)(a). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 75-78 Declaration conclusive (5) A declaration in a resolution authorizing the issuance of securities that it is necessary to issue securities in the principal amount authorized in order to realize the net amount authorized is conclusive evidence of that fact. Sale price (6) The board of directors may sell securities at their par value or at other than par value. Delegation (7) The board of directors may delegate its powers under this section to a committee of directors and officers of the Authority, subject to any limitations that the board of directors may impose. Application to become borrowing member 76 (1) A First Nation may apply to the Authority to become a borrowing member. Criteria (2) The Authority shall accept a First Nation as a borrowing member only if the First Nations Financial Management Board has issued to the First Nation a certificate in respect of their financial performance under subsection 50(3) and has not subsequently revoked it. 2005, c. 9, s. 76; 2015, c. 36, s. 194; 2018, c. 27, s. 414(E). Ceasing to be borrowing member 77 (1) A First Nation that has obtained financing secured by property tax revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such revenues. Ceasing to be borrowing member (2) A First Nation that has obtained financing secured by other revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such other revenues. 2005, c. 9, s. 77; 2015, c. 36, s. 195; 2018, c. 27, s. 414(E). Priority 78 (1) If a First Nation is insolvent, the Authority has priority over all other creditors of the First Nation for any moneys that are authorized to be paid to the Authority under a law made under paragraph 5(1)(b) or (d), under an agreement governing a secured revenues trust account or under the Act, but the priority is only in respect of any debt that arises on or after the date on which the First Nation receives the initial disbursement of the first loan that it obtained from the Authority. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 78-82 Debts to the Crown (2) For greater certainty, subsection (1) does not apply to Her Majesty. 2005, c. 9, s. 78; 2015, c. 36, s. 196; 2018, c. 27, ss. 404(F), 414(E). Limitations — loans 79 The Authority shall not make a long-term loan to a borrowing member for the purpose of financing capital assets for the provision of local services on reserve lands unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d). 2005, c. 9, s. 79; 2015, c. 36, s. 197; 2018, c. 27, s. 405. Restriction 80 A borrowing member that has obtained a long-term loan secured by property tax revenues from the Authority shall not subsequently obtain a long-term loan secured by property tax revenues from any other person. 2005, c. 9, s. 80; 2015, c. 36, s. 197. Limitations — short-term loans 81 The Authority shall not make a short-term loan to a borrowing member for a purpose described in subparagraph 74(a)(iii) unless the loan is made in anticipation of local revenues of the borrowing member set out in a law made under paragraph 5(1)(b). Sinking fund 82 (1) The Authority shall establish a sinking fund, or any other system of repayment prescribed by regulation, to fulfil its repayment obligations to the holders of each security issued by the Authority. Separate accounts (2) Where a sinking fund is established, a separate sinking fund account shall be kept for each borrowing member participating in a security issued by the Authority. Sinking fund investments (3) Funds in a sinking fund may be invested only in (a) securities issued or guaranteed by Canada or a province; (b) securities of a local, municipal or regional government in Canada; (b.1) securities of the Authority or of a municipal finance authority established by a province, if the day Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 82-84 on which they mature is not later than the day on which the security for which the sinking fund is established matures; (c) investments guaranteed by a bank, trust company or credit union; or (d) deposits in a bank or trust company in Canada or non-equity or membership shares in a credit union. 2005, c. 9, s. 82; 2015, c. 36, s. 198. Surpluses 83 (1) The Authority may declare a surplus in a sinking fund and use the surplus, in order of priority, to (a) replenish any amounts paid out of the debt reserve fund; and (b) make a distribution to borrowing members who are participating in that fund. Recovery from sinking fund (2) The Authority may recover fees payable by a borrowing member from any surplus to be distributed to that member under paragraph (1)(b). Debt reserve fund 84 (1) The Authority shall establish, to make payments or sinking fund contributions for which insufficient moneys are available from borrowing members, (a) a debt reserve fund solely for financing secured by property tax revenues; and (b) a debt reserve fund solely for financing secured by other revenues. Provisioning of fund (2) Subject to a regulation that fixes different percentages for the purposes of this subsection, the Authority shall withhold 5% of the amount of any long-term loan to a borrowing member that is secured by property tax revenues and of any loan to a borrowing member that is secured by other revenues, regardless of the length of its term, and deposit that amount in the corresponding debt reserve fund. Percentage withheld may be reduced by board (2.1) However, the board of directors may, by resolution, reduce the percentage to be withheld from a loan under subsection (2) to a percentage that is not less than 1%, if Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 84-85 the board of directors is satisfied that doing so would not have a negative impact on the Authority’s credit rating and the regulations do not fix a different percentage. Separate account (3) A separate account shall be kept for each security issued and for each borrowing member contributing to a debt reserve fund. Investments (4) The funds of a debt reserve fund may be invested only in securities, investments or deposits referred to in paragraph 82(3)(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days. Liability for shortfall (5) If payments from a debt reserve fund reduce its balance (a) by less than 50% of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established, the Authority may, in accordance with the regulations, require those borrowing members to pay without delay amounts sufficient to replenish the debt reserve fund; and (b) by 50% or more of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established, the Authority shall, in accordance with the regulations, require those borrowing members to pay without delay amounts sufficient to replenish the debt reserve fund. Repayment (6) Money contributed by a borrowing member to a debt reserve fund, and any investment income received on it, that has not already been repaid to the borrowing member by the Authority shall be repaid when all obligations in respect of the security in respect of which the money was contributed have been satisfied. 2005, c. 9, s. 84; 2015, c. 36, s. 199; 2018, c. 27, s. 406. Credit enhancement fund 85 (1) The Authority shall establish a fund for the enhancement of the Authority’s credit rating. Investments (2) The funds of the credit enhancement fund may be invested only in securities, investments or deposits referred Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 85-86 to in paragraph 82(3)(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days. Investment income (3) Investment income from the credit enhancement fund may be used (a) to temporarily offset any shortfalls in the debt reserve fund; (b) to defray the Authority’s costs of operation; and (c) for any other purpose prescribed by regulation. Capital (4) The capital of the credit enhancement fund may be used (a) to temporarily offset any shortfalls in the debt reserve fund; and (b) for any other purpose prescribed by regulation. Repayment to credit enhancement fund (5) Any funds that are paid from the credit enhancement fund to offset a shortfall in the debt reserve fund shall be repaid by that debt reserve fund within 18 months after the day on which the funds are paid or, if more than one payment of funds is made, within 18 months after the day on which the first payment is made. After the expiry of that 18-month period, no further funds shall be paid from the credit enhancement fund to that debt reserve fund unless it has been fully replenished under section 84. 2005, c. 9, s. 85; 2015, c. 36, s. 200. Default by first nation 86 (1) If a borrowing member fails to make a payment to the Authority, to fulfil any other obligation under a borrowing agreement with the Authority or to pay a charge imposed by the Authority under this Part, the Authority shall (a) notify the borrowing member of the failure; and (b) send a notice of the failure to the First Nations Financial Management Board and the First Nations Tax Commission, together with evidence of the failure and a copy of any relevant documents and records. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 86-87 Requirement for report (2) If a failure referred to in subsection (1) relates to an obligation other than payment, the Authority may require that the First Nations Financial Management Board review and report on the reasons for the failure. Report (3) On receipt of a notice referred to in paragraph (1)(b) in respect of a failure related to an obligation other than payment, the First Nations Financial Management Board shall advise the Authority in writing of its opinion on the reasons for the failure and recommend any intervention under section 52 or 53 that it considers appropriate. Required intervention (4) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member or assume third-party management of the First Nation’s local revenues (a) where the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or (b) on receipt of a report of the Board under subsection (3) in respect of the borrowing member. 2005, c. 9, s. 86; 2018, c. 27, s. 414(E). Short-term pooled investment funds 87 (1) The Authority may establish short-term pooled investment funds. Investments (2) Funds in a short-term pooled investment fund may be invested only in (a) securities issued or guaranteed by Canada, a province or the United States; (b) fixed-term deposits, notes, certificates or other short-term paper of, or guaranteed by, a bank, trust company or credit union, including swaps in United States currency; (c) securities issued by the Authority or by a local, municipal or regional government in Canada; (d) commercial paper issued by a Canadian company that is rated in the highest category by at least two recognized security-rating institutions; Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Functions and Powers Sections 87-89 (e) any class of investments permitted under an Act of a province relating to trustees; or (f) any other investments or class of investments prescribed by regulation. General Annual report 88 (1) The Chairperson shall, within four months after the end of each fiscal year, submit to the Authority’s members and the Minister a report of the operations of the Authority for that fiscal year. Contents (2) The annual report shall include the financial statements of the Authority and its auditor’s opinion on them. Assignment — revenues payable by Her Majesty 88.1 (1) Despite section 67 of the Financial Administration Act and anything else in federal or provincial law, a borrowing member may, for the purposes of paragraph 74(b), assign the rights to any of the other revenues referred to in that paragraph that are payable to the borrowing member by Her Majesty in right of Canada. Assignment not binding (2) An assignment referred to in subsection (1) is not binding on Her Majesty in right of Canada and, without limiting the generality of the foregoing, (a) a minister of, or other person acting on behalf of, Her Majesty in right of Canada is not required to pay to the assignee the assigned revenues; (b) the assignment does not create any liability of Her Majesty in right of Canada to the assignee; and (c) the rights of the assignee are subject to all rights of set-off or compensation in favour of Her Majesty in right of Canada. 2021, c. 23, s. 192. Regulations Regulations 89 The Governor in Council may, on the recommendation of the Minister after consultation by the Minister with the Authority, make regulations Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 4 First Nations Finance Authority Regulations Sections 89-90 (a) prescribing anything that is to be prescribed under subsection 82(1) and paragraphs 85(3)(c) and (4)(b) and 87(2)(f); (b) fixing a percentage in respect of an amount to be withheld from a loan under subsection 84(2), which may be a higher or lower percentage than the percentage set out in that subsection and may vary according to whether the loan is secured by property tax revenues or by other revenues; and (c) respecting the imposition of charges under subsection 84(5), including the manner of calculating those charges and the share of those charges to be paid by each borrowing member. (d) [Repealed, 2018, c. 27, s. 407] 2005, c. 9, s. 89; 2015, c. 36, s. 201; 2018, c. 27, s. 407. PART 5 Payment of Moneys Council resolution 90 (1) The council of a First Nation may submit to the Minister a resolution of the council requesting the payment to the First Nation of (a) moneys held by Her Majesty for the use and benefit of the First Nation; and (b) moneys to be collected or received in future by Her Majesty for the use and benefit of the First Nation. Information to accompany resolution (2) The resolution shall be accompanied by proof that (a) the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and the law has been approved by the First Nations Financial Management Board; (b) the council has obtained independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation; and (c) the payment of the moneys to the First Nation has been approved under section 91. 2005, c. 9, s. 90; 2012, c. 19, s. 660; 2018, c. 27, s. 408. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 5 Payment of Moneys Section 91 Approval by members 91 (1) If the council of a First Nation intends to request the payment of moneys under subsection 90(1), the council shall conduct a vote among the First Nation’s eligible voters on the approval of the payment of the moneys. Eligible voters (2) Every First Nation member, whether resident on a reserve of the First Nation or not, is an eligible voter if the member is at least 18 years old on the date of the vote. Independent legal and financial advice (3) Before conducting the vote under subsection (1), the council shall obtain independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation. Information to be provided (4) Before conducting the vote under subsection (1), the council shall also take reasonable measures that are in accordance with the First Nation’s practices to inform eligible voters of (a) their right to vote and the means of exercising that right; (b) the fact that council has obtained the legal and financial advice referred to in subsection (3); (c) the implications of the payment of the moneys and the reasons why the payment is for the benefit of the First Nation; and (d) the fact that the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a). Majority approval (5) The payment of the moneys to the First Nation is approved if a majority of eligible voters who participated voted to approve the payment. Minimum participation (6) Despite subsection (5), the payment is not approved unless at least 25% of all eligible voters participated in the vote. Increased percentage (7) The council may, by resolution adopted before the vote, increase the percentage of eligible voters required under subsection (6). 2005, c. 9, s. 91; 2012, c. 19, s. 660; 2018, c. 27, s. 408. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 5 Payment of Moneys Sections 92-94 Initial payment of moneys 92 (1) After the resolution is submitted to the Minister by the council of the First Nation under subsection 90(1), the moneys held by Her Majesty for the First Nation’s use and benefit shall be paid to the First Nation out of the Consolidated Revenue Fund, if the Minister is satisfied that (a) the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and the law has been approved by the First Nations Financial Management Board; (b) the council has obtained independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation; and (c) the payment of the moneys to the First Nation has been approved under section 91. Subsequent payment (2) Following a payment of moneys under subsection (1), all moneys subsequently collected or received by Her Majesty for the use and benefit of the First Nation shall be paid out of the Consolidated Revenue Fund to the First Nation. Subsection (2) ceases to apply (3) Subsection (2) shall cease to apply if the law referred to in paragraph (1)(a) is repealed, and at the time of its repeal, it is not concurrently replaced by a law respecting the financial administration of the First Nation made under paragraph 9(1)(a) that has been approved by the First Nations Financial Management Board. 2005, c. 9, s. 92; 2012, c. 19, s. 660; 2018, c. 27, s. 408. Liability for future management 93 Following the payment of moneys under section 92, Her Majesty is not liable for the management of those moneys. 2005, c. 9, s. 93; 2012, c. 19, s. 660; 2018, c. 27, s. 408. Past liability 94 This Act does not affect the liability of Her Majesty or a First Nation for any act or omission in respect of moneys occurring before a payment referred to in section 93. 2005, c. 9, s. 94; 2010, c. 12, s. 1735; 2012, c. 19, s. 660; 2018, c. 27, s. 408. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 5 Payment of Moneys Sections 95-114 Indian Act 95 Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid to a First Nation under section 92 of this Act. 2005, c. 9, s. 95; 2012, c. 19, s. 660; 2018, c. 27, s. 408. 96 [Repealed, 2012, c. 19, s. 660] 97 [Repealed, 2012, c. 19, s. 660] 98 [Repealed, 2012, c. 19, s. 660] 99 [Repealed, 2012, c. 19, s. 660] 100 [Repealed, 2012, c. 19, s. 660] 101 [Repealed, 2012, c. 19, s. 660] 102 [Repealed, 2012, c. 19, s. 660] 103 [Repealed, 2012, c. 19, s. 660] 104 [Repealed, 2012, c. 19, s. 660] 105 [Repealed, 2012, c. 19, s. 660] 106 [Repealed, 2012, c. 19, s. 660] 107 [Repealed, 2012, c. 19, s. 660] 108 [Repealed, 2012, c. 19, s. 660] 109 [Repealed, 2012, c. 19, s. 660] 110 [Repealed, 2012, c. 19, s. 660] 111 [Repealed, 2012, c. 19, s. 660] 112 [Repealed, 2012, c. 19, s. 660] 113 [Repealed, 2012, c. 19, s. 660] PART 6 Financial Management and Control Definitions 114 The following definitions apply in this Part. board of directors includes (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 17; and Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 114-118 (b) in respect of the First Nations Financial Management Board, the directors referred to in section 38. (conseil d’administration) institution means the First Nations Tax Commission or the First Nations Financial Management Board. (institution) Exclusion from federal public administration 115 (1) The officers and employees of an institution are not part of the federal public administration. No guarantees (2) No person shall give a guarantee on behalf of Her Majesty for the discharge of an obligation or liability of an institution. 2005, c. 9, ss. 115, 154(E). Financial year 116 The financial year of each institution is the period from April 1 to March 31, unless otherwise prescribed by regulation. Expenditure of revenues 117 Subject to any terms and conditions that the Treasury Board may direct, for the purposes of the institution, an institution may expend, during a financial year or the following year, any revenues that it receives in that financial year through the conduct of its operations. Corporate plans 118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a corporate plan and budget for each financial year and submit them to the Minister for approval. Scope and contents of corporate plan (2) The corporate plan of each institution shall encompass all of the businesses and activities of the institution and include a statement of (a) the objects or purposes of the institution; (b) the institution’s objectives for the financial year and the strategy it intends to employ to achieve those objectives; and Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 118-119 (c) the institution’s expected performance for the financial year as compared to its objectives for that year as set out in the last corporate plan. Contents of budget (3) The budget of each institution must include a statement of the institution’s projected revenues and expenses for the financial year on account of capital and operations. Form of corporate plan (4) The corporate plan of each institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution. Restriction on business or activity (5) No institution may carry on any business or activity in any financial year in a manner that is not consistent with its corporate plan for that year. Amendment (6) Any amendment by an institution to its corporate plan or budget shall be submitted to the Minister for approval. Books and systems 119 (1) Each institution shall (a) keep books of account and records in relation to them; and (b) maintain financial and management control and information systems. Books and systems (2) The books, records and systems referred to in subsection (1) shall be kept and maintained in such a manner as will provide reasonable assurance that (a) the institution’s assets are safeguarded and controlled; (b) its transactions are in accordance with this Act; (c) its financial, human and physical resources are managed economically and efficiently; and (d) its operations are carried out effectively. Internal audit (3) An institution may cause internal audits to be conducted to assess compliance with subsections (1) and (2). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 119-120 Financial statements (4) Each institution shall annually prepare financial statements, in accordance with generally accepted accounting principles, as supplemented by any directions given by the Minister under subsection (6). Form of financial statements (5) The financial statements of an institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution. Directions (6) The Minister may give directions respecting the preparation of financial statements, to supplement generally accepted accounting principles. Annual auditor’s report 120 (1) Each institution shall cause an annual auditor’s report to be prepared in accordance with any directions of the Minister, on (a) its financial statements; and (b) any quantitative information required to be audited under subsection (3). Contents (2) A report under subsection (1) shall (a) include separate statements as to whether in the auditor’s opinion (i) the financial statements are presented fairly, in accordance with generally accepted accounting principles, applied on a basis consistent with that of the preceding year, (ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and (iii) the transactions of the institution that have come to the auditor’s notice in the course of his or her examination for the report were carried out in accordance with this Act; and (b) call attention to any other matter falling within the scope of the auditor’s examination for the report that, in his or her opinion, should be brought to the attention of the institution or the Minister. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 120-122 Audit of quantitative information (3) The Minister may require that any quantitative information required to be included in an institution’s annual report pursuant to paragraph (2)(a) be audited. Presentation to Minister (4) Each institution shall submit its audited financial statements to the Minister at least 30 days before the day of its annual meeting. Special examination 121 (1) Each institution shall, at least once every five years and at any other time required by its board of directors or by the Minister, cause a special examination to be carried out in respect of its operations to determine if the books, records, systems and practices referred to in section 119 were, in the period under examination, maintained in a manner that met the requirements of that section. Plan (2) Before commencing a special examination, an examiner shall survey the systems and practices of the institution to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the institution. Resolution of disagreements (3) Any disagreement between the examiner and the audit committee or board of directors of an institution with respect to a plan referred to in subsection (2) shall be resolved by the Minister. Reliance on internal audit (4) An examiner shall, as far as is practicable, rely on any internal audit conducted pursuant to subsection 119(3) in respect of the institution being examined. Report 122 (1) An examiner shall, on completion of a special examination in respect of an institution, submit a report on his or her findings, and a summary of that report, to the Minister and to the board of directors of the institution. Contents (2) The report of an examiner shall include (a) a statement whether in the examiner’s opinion, having regard to the criteria referred to in subsection 119(2), there is a reasonable assurance that there are Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 122-125 no significant deficiencies in the systems and practices examined; and (b) a statement of the extent to which the examiner relied on internal audits. Posting of report (3) An institution shall, as soon as possible after receipt of an examiner’s report, post a summary of the report on an Internet website maintained by the institution. Examiner 123 (1) Subject to subsection (2), a special examination shall be carried out by the auditor of the institution. Other auditor (2) If, in the opinion of the Minister, a person other than the auditor of an institution should carry out a special examination in respect of the institution, the Minister may, after consulting with the board of directors of the institution, direct that the examination be carried out by another auditor who is qualified for the purpose. Consultation with Auditor General 124 The auditor or examiner of an institution may at any time consult the Auditor General of Canada on any matter relating to an audit or special examination. Right to information 125 (1) At the request of the auditor or examiner of an institution, the present or former commissioners, directors, officers, employees or agents or mandataries of the institution shall provide any information and explanations, and give access to any records, documents, books, accounts and vouchers of the institution that are under their control, that the auditor or examiner considers necessary to prepare a report required under this Act. Obligation to inform (2) If a commissioner or director of an institution does not have information or an explanation requested by an auditor or examiner under subsection (1), the commissioner or director shall obtain the information or explanation and provide it to the auditor or examiner. 2005, c. 9, s. 125; 2018, c. 27, s. 409(E). Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 126-128 Restriction 126 Nothing in this Part or in any directions of the Minister shall be construed as authorizing the auditor or examiner of an institution to express any opinion on the merits of matters of policy, including the merits of (a) the objects or purposes for which the institution was established or the restrictions on the businesses or activities that it may carry on, as set out in this Act; or (b) any business or policy decision of the institution. Qualified privilege 127 An oral or written statement or report made under this Part by an auditor or examiner has qualified privilege. Audit committee 128 (1) Each institution shall establish an audit committee composed of not less than three commissioners or directors who are not officers of the institution and who are competent to perform the duties set out in subsection (2). Duties (2) An audit committee shall (a) review, and advise the board of directors in respect of, the financial statements that are to be included in the annual report of the institution; (b) oversee any internal audit of the institution; (c) review, and advise the board of directors in respect of, the annual auditor’s report in respect of the institution; (d) review, and advise the board of directors in respect of, any plan and report of a special examiner; and (e) perform any other functions that are assigned to it by the board of directors of the institution. Auditor’s or examiner’s attendance (3) An auditor and any examiner of an institution are entitled to receive notice of every meeting of the audit committee and, at the expense of the institution, to attend and be heard at each meeting. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 128-131 Required attendance (4) The auditor or examiner of an institution shall attend any meeting of the institution’s audit committee at which he or she is requested to attend by a member of that committee. Calling meeting (5) The auditor or examiner of an institution or a member of the institution’s audit committee may call a meeting of that committee. Disclosure of material developments 129 The chief executive officer of an institution shall, as soon as reasonably practicable, notify the Minister and any commissioner or director of the institution not already aware of them of any financial or other developments that, in the chief executive officer’s opinion, are likely to have a material effect on the performance of the institution, relative to its objectives or requirements for funding. Annual report 130 (1) Each institution shall, within four months after the end of each financial year, submit to the Minister an annual report on the operations of the institution in that year. Form and contents (2) The annual report of an institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution and shall include (a) the financial statements of the institution; (b) the annual auditor’s report; (c) a statement on the extent to which the institution has met its objectives for the financial year; (d) any quantitative information respecting the performance of the institution that the Minister may require to be included; and (e) any other information that is required under this Act or any other Act of Parliament. Annual meeting 131 (1) The board of directors of an institution shall call an annual meeting not later than 18 months after the institution is established and subsequently not later than 15 months after the preceding annual meeting. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 6 Financial Management and Control Sections 131-132 Notice of meeting (2) An institution shall, at least 30 days before the annual meeting, publish a notice in a major newspaper setting out the time and location of the meeting and specifying that the institution’s annual report may be accessed on an Internet website to be maintained by the institution. Availability to public (3) At the annual meeting, the board of directors shall ensure that (a) there are available a sufficient number of copies of the institution’s most recent annual report for those present at the meeting; and (b) the chief executive officer and the commissioners or directors of the institution are available to those present at the meeting to answer any questions about the institution’s operations. PART 7 Provisions of General Application General Conflict of interest 132 (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act. Conflict of interest (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest. Conflict of interest (3) All persons appointed to a commission or board established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act. 2005, c. 9, s. 132; 2006, c. 9, s. 8; 2012, c. 19, s. 661. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 7 Provisions of General Application General Sections 133-136 Liability of Her Majesty 133 (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board or Authority, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada. Insurance required (2) The First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b). 2005, c. 9, s. 133; 2012, c. 19, s. 662. No appropriation 134 No payment to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board or Authority to satisfy any claim referred to in subsection 133(1). 2005, c. 9, s. 134; 2012, c. 19, s. 662. No compensation 135 No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada, or from the First Nations Tax Commission, for any acquired, vested or future right, or for any prospect of such a right, that is affected by a law approved by the First Nations Tax Commission under subsection 31(3), or for any duty or liability imposed on that person as a result of such a law. Limit of liability — commissioner, director, employee, etc. 136 No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, a director or employee of the First Nations Financial Management Board or a person acting on behalf of the Commission or Board for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with this Act or regulations made under this Act. 2005, c. 9, s. 136; 2012, c. 19, s. 663; 2018, c. 27, s. 410. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 7 Provisions of General Application General Sections 136.1-138 Limit of liability — co-management or third-party management 136.1 Despite anything in federal or provincial law, if the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues in accordance with section 52 or has assumed management of a First Nation’s local revenues in accordance with section 53, neither the Board nor any director or employee of the Board or person acting on behalf of the Board is by reason of that fact liable for any liability of the First Nation. 2018, c. 27, s. 410. Personal liability for costs 136.2 No director or employee of the First Nations Financial Management Board or person acting on behalf of the Board is personally liable for costs (a) awarded in any civil proceedings brought against any of them in relation to anything done, or omitted to be done, in the exercise or purported exercise of any power, or in the performance or purported performance of any duty, of that person or the Board in accordance with this Act or the regulations made under this Act, unless a court otherwise directs; or (b) awarded against the Board in any civil proceedings. 2018, c. 27, s. 410. Limit of liability 137 No civil proceedings lie against a member of a council or an employee of a First Nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a First Nation under this Act. 2005, c. 9, s. 137; 2018, c. 27, s. 414(E). Conflict with other laws 138 (1) In the event of a conflict between a local revenue law and an Act of Parliament or any regulations made under an Act of Parliament or a code made by a First Nation under another Act of Parliament, the Act, regulations or code prevails to the extent of the conflict. Conflict with other First Nation laws (2) In the event of a conflict between a law made by a First Nation under this Act and a law, other than a code, made by the First Nation under another Act of Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 7 Provisions of General Application General Sections 138-141 Parliament, the law made by the First Nation under this Act prevails to the extent of the conflict. 2005, c. 9, s. 138; 2018, c. 27, s. 414(E). Official languages 139 (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission. Official languages (2) Where there is a significant demand for services in a particular official language, the First Nations Financial Management Board and First Nations Finance Authority shall offer services in that language. 2005, c. 9, s. 139; 2012, c. 19, s. 664. Regulations Regulations 140 The Governor in Council may make regulations (a) prescribing anything that is to be prescribed under subsection 20(3) or 41(2) or section 116; and (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board or Authority would be exempt from that requirement. 2005, c. 9, s. 140; 2012, c. 19, s. 665; 2015, c. 36, s. 202. Regulations 141 (1) For the purpose of enabling an Aboriginal group that is not a band as defined in subsection 2(1) of the Indian Act but is a party to a treaty, land claims agreement or self-government agreement with Canada to benefit from the provisions of this Act or obtain the services of any body established under this Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 7 Provisions of General Application Regulations Sections 141-142 Amendments to schedule in regulations (2) If the regulations made under subsection (1) include a schedule listing the Aboriginal groups that are subject to those regulations, the Minister may, by order, at the request of the governing body of an Aboriginal group referred to in that subsection, amend the schedule in order to (a) add or change the name of the Aboriginal group; or (b) delete the name of the Aboriginal group, as long as there are no amounts owing by the Aboriginal group to the First Nations Finance Authority that remain unpaid. 2005, c. 9, s. 141; 2018, c. 27, ss. 411, 413(E). Regulations — organizations referred to in paragraph 50.1(1)(e) 141.1 For the purpose of enabling an organization referred to in paragraph 50.1(1)(e) to benefit from the provisions of this Act, other than Parts 1, 2 and 5, or obtain the services of the First Nations Financial Management Board or the First Nations Finance Authority, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. 2018, c. 27, s. 412. Regulations — joint reserve lands 141.2 For the purpose of enabling a First Nation to benefit from the provisions of this Act, or obtain the services of any body established under this Act, in respect of reserve lands that have been set apart for the use and benefit of that First Nation and one or more other First Nations, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. 2018, c. 27, s. 412. Regulations 142 The Governor in Council may make regulations Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 7 Provisions of General Application Regulations Sections 142-145 (a) prescribing anything that is to be prescribed for the purposes of paragraph 74(b); and (b) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 74(b). PART 8 Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force Transitional Provisions ITAB employees 143 (1) Persons who are employed by the Indian Taxation Advisory Board at the time that the First Nations Tax Commission is established shall be offered employment with the Commission, at the same salary and with equivalent terms and conditions of employment. Interim rules of procedure (2) Until new rules are established by the First Nations Tax Commission, the Commission shall conduct itself in accordance with the rules of procedure established by the Indian Taxation Advisory Board. Continuation of directors 144 Persons who are directors of the First Nations Finance Authority Inc., a corporation incorporated under the Canada Business Corporations Act, on the day on which section 58 comes into force shall continue as directors of the First Nations Finance Authority until new directors are elected. Continuation of existing by-laws 145 (1) By-laws made by a First Nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule are deemed to be laws made under section 5 or 9, as the case may be, to the extent that they are not inconsistent with section 5 or 9, and remain in force until they are repealed or replaced. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 8 Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force Transitional Provisions Sections 145-145.1 Amendment of existing by-laws (2) For greater certainty, subsections 5(2) to (7) apply to amendments of by-laws referred to in subsection (1). Non-application of section (3) This section does not apply if the name of the First Nation is added to the schedule on or after the day on which section 145.1 comes into force. 2005, c. 9, s. 145; 2015, c. 36, s. 203; 2018, c. 27, s. 414(E). Continuation of existing by-laws 145.1 (1) By-laws made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule, except those described in subsection (2), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed. Continuation of existing by-laws (2) By-laws in respect of financial administration made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2). Continuation of existing by-laws (3) By-laws made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force, except those described in subsection (4), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed. Continuation of existing by-laws (4) By-laws in respect of financial administration made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 8 Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force Transitional Provisions Sections 145.1-153 remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2). 2015, c. 36, s. 204; 2018, c. 27, s. 414(E). Review and evaluation 146 Within seven years after the day on which this Act receives royal assent, the Minister, after consultation with the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority, shall review the provisions and operation of this Act and the operations of those institutions, and submit a report to each House of Parliament on that review, including any changes that the Minister recommends relating to the evolution of the mandate and the operation of those institutions. 2005, c. 9, s. 146; 2012, c. 19, s. 666. Consequential Amendments Access to Information Act 147 [Amendment] 148 [Amendment] Financial Administration Act 149 [Amendment] Indian Act 150 [Amendment] 151 [Amendment] Privacy Act 152 [Amendment] Westbank First Nation SelfGovernment Act 153 [Amendment] Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management PART 8 Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force Coordinating Amendments Sections 154-155 Coordinating Amendments 154 [Amendments] Coming into Force Order in council 155 The provisions of this Act, other than section 154, come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 154 in force on assent March 23, 2005; Act, other than section 154, in force April 1, 2006, see SI/2006-59.] * Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE SCHEDULE (Subsections 2(1) and (3)) Abegweit Abénakis of Wôlinak First Nation Acadia Adams Lake Indian Band Ahousaht First Nation Ahtahkakoop Cree Nation Aitchelitz First Nation ?Akisq’nuk First Nation Algonquins of Pikwakanagan First Nation Animakee Wa Zhing #37 First Nation Animbiigoo Zaagi’igan Anishinaabek Anishnaabeg of Naongashiing Annapolis Valley First Nation ?Aq’am Atikameksheng Anishnawbek Atikamekw of Opitciwan First Nation Atikamekw of Wemotaci First Nation Beardy’s and Okemasis Bear River First Nation Beausoleil First Nation Beaver Lake Cree Nation Beecher Bay Behdzi Ahda″ First Nation Berens River Big Grassy Big Island Lake Cree Nation Bigstone Cree Nation Biinjitiwaabik Zaaging Anishinaabek First Nation Bingwi Neyaashi Anishinaabek Black River First Nation Bonaparte First Nation Brokenhead Ojibway Nation Brunswick House First Nation Buctouche Mic Mac Band Buffalo Point First Nation Caldwell First Nation Campbell River Indian Band Canoe Lake Cree First Nation Carry the Kettle Cat Lake First Nation Cayoose Creek Indian Band Chapleau Cree First Nation Chawathil First Nation Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Cheam Cheslatta Carrier Nation Chippewas of Georgina Island First Nation Chippewas of Kettle and Stony Point First Nation Chippewas of Rama First Nation Chippewas of the Thames First Nation Cold Lake First Nations Coldwater Indian Band Conseil de la Première Nation Abitibiwinni Constance Lake Cook’s Ferry Cote First Nation Cowichan Tribes First Nation Cross Lake Band of Indians Cumberland House Cree Nation Curve Lake First Nation Dakota Tipi Doig River First Nation Douglas Driftpile Cree Nation Eagle Lake First Nation Ebb and Flow Eel River Bar First Nation Ehattesaht Elsipogtog First Nation English River First Nation Enoch Cree Nation #440 Esdilagh First Nation Esquimalt Nation Fisher River Flying Dust First Nation Fort McMurray #468 First Nation Fort Nelson First Nation Fort William Frog Lake First Nation Gambler First Nation Garden Hill First Nation Garden River First Nation George Gordon First Nation Gitga’at First Nation Gitsegukla First Nation Gitwangak First Nation Gitxaala Nation Glooscap First Nation Gwa’sala-’Nakwaxda’xw Nations Hagwilget First Nation Government Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Halalt First Nation Halfway River First Nation Heiltsuk Henvey Inlet First Nation High Bar First Nation Homalco First Nation Hupacasath First Nation Indian Island First Nation Innue Essipit Bande des Innus de Pessamit Innu Takuaikan Uashat mak Mani-utenam Inuvik Native Band Iskatewizaagegan #39 Independent First Nation Jean Marie River First Nation Kahkewistahaw First Nation Kanaka Bar K’atlodeeche First Nation Katzie First Nation Kawacatoose First Nation Kehewin Cree Nation The Key First Nation Kingfisher Kingsclear First Nation Kinistin Saulteaux Nation Kispiox First Nation Kitigan Zibi Anishinabeg Kitselas First Nation K’ómoks First Nation Kwadacha Kwantlen First Nation Kwaw-Kwaw-Apilt First Nation Kwikwetlem First Nation Lac des Mille Lacs First Nation Lac La Ronge Indian Band Lac Seul First Nation Lake Babine Nation Lake Cowichan First Nation Lake Manitoba First Nation Lake St. Martin Lax Kw’alaams Lennox Island First Nation Leq’á:mel First Nation Lheidli T’enneh Lhtako Dene Nation Lil’wat Nation Listuguj Mi’gmaq Government Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Little Red River Cree Nation Little Saskatchewan Little Shuswap Lake Indian Band Long Plain First Nation Long Point First Nation Lower Kootenay Indian Band Lower Nicola Indian Band Lower Similkameen Lytton Madawaska Maliseet First Nation Makwa Sahgaiehcan First Nation Malahat Nation Matsqui First Nation M’Chigeeng First Nation McLeod Lake Indian Band Membertou First Nation Metepenagiag Mi’kmaq Nation Metlakatla First Nation Miawpukek First Nation Micmacs of Gesgapegiag Millbrook Band Misipawistik Cree Nation Mississaugas of Scugog Island First Nation Mistawasis Nêhiyawak Mitaanjigamiing First Nation Mohawks of the Bay of Quinte Montana First Nation Moosomin Mosquito, Grizzly Bear’s Head, Lean Man First Nations Munsee-Delaware First Nation Mushuau Innu First Nation Muskeg Lake Cree Nation Muskoday First Nation Muskowekwan Nadleh Whut’en Band Nak’azdli Whut’en Namgis First Nation Nanoose First Nation Naotkamegwanning First Nation Nazko First Nation Neskonlith Indian Band Niisaachewan Anishinaabe Nation Nipissing First Nation Nisichawayasihk Cree Nation Norway House Cree Nation N’Quatqua Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Ocean Man First Nation Ochapowace O’Chiese Odanak Okanese First Nation Onion Lake Cree Nation Opaskwayak Cree Nation Oromocto First Nation Osoyoos Indian Band Pacheedaht First Nation Paqtnkek Mi’kmaw Nation Pauingassi First Nation Paul First Nation Peepeekisis Cree Nation No. 81 Peguis Pekuakamiulnuatsh First Nation Penticton Indian Band Peter Ballantyne Cree Nation Peters First Nation Pheasant Rump Nakota Piapot First Nation Pic Mobert Pictou Landing First Nation Pine Creek Popkum First Nation Poplar River First Nation Potlotek First Nation Qalipu Mi’kmaq First Nation Quatsino Rainy River First Nations Red Pheasant Cree Nation Red Sucker Lake First Nation Rolling River First Nation Roseau River Anishinabe First Nation Government Sagamok Anishnawbek Saik’uz First Nation Salt River First Nation #195 Sandy Bay Ojibway First Nation Sapotaweyak Cree Nation Saugeen Saulteau First Nations Saulteaux First Nation Seabird Island Band Semiahmoo First Nation Serpent River First Nation Shackan First Nation Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Shawanaga First Nation Sheguiandah First Nation Sheshatshiu Innu First Nation Sheshegwaning First Nation Shoal Lake No. 40 First Nation Shuswap First Nation Shxwhá:y Village First Nation Shxw’ow’hamel First Nation Siksika Nation Simpcw First Nation Sipekne’katik Skatin Nations Skawahlook First Nation Skeetchestn Indian Band Skidegate First Nation Skin Tyee Nation Skowkale First Nation Skownan First Nation Skwah Sliammon First Nation Snuneymuxw First Nation Songhees Nation Soowahlie Splatsin Sq’éwlets Squamish Nation Squiala First Nation Standing Buffalo Dakota Nation Star Blanket Cree Nation Stellat’en First Nation Stoney Nation Sts’ailes Stswecem’c Xgat’tem First Nation St. Theresa Point Sturgeon Lake First Nation Stz’uminus First Nation Sumas First Nation Sunchild First Nation Swan River First Nation Sweetgrass Takla Nation Taku River Tlingit First Nation Tataskweyak Cree Nation Taykwa Tagamou Nation Teetl’it Gwich’in Band Council Temagami First Nation Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Thunderchild First Nation Timiskaming First Nation T’it’q’et Tk’emlúps te Secwépemc Tla-o-qui-aht First Nations Tobacco Plains Indian Band Tobique First Nation Tsal’alh Tsartlip First Nation Tsawout First Nation Tsay Keh Dene Nation Tseshaht Tseycum First Nation Ts’kw’aylaxw First Nation Tsleil-Waututh Nation T’Sou-ke First Nation Tsuut’ina Nation Tzeachten First Nation Upper Nicola Indian Band Wagmatcook First Nation Wahgoshig First Nation Wahnapitae First Nation Wasagamack First Nation Wasauksing First Nation Washagamis Bay Waywayseecappo First Nation Treaty 4-1874 Webequie First Nation We’koqma’q First Nation West Moberly First Nations Wet’suwet’en First Nation We Wai Kai Nation Whispering Pines/Clinton Indian Band White Bear First Nation Whitecap Dakota First Nation Whitefish River First Nation Wikwemikong Williams Lake First Nation Witset First Nation Wolastoqiyik (Malecite) Wahsipekuk First Nation Woodstock First Nation Wuikinuxv Nation Wunnumin Wuskwi Sipihk First Nation Xatśūll First Nation Xaxli’p Yakweakwioose First Nation Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management SCHEDULE Yale First Nation Yekooche First Nation Yellowknives Dene First Nation Yellow Quill Band York Factory First Nation Zagimē Anishinabēk 2005, c. 9, Sch.; SOR/2007-276, s. 1; SOR/2008-264; SOR/2009-25, 284; SOR/2010-183, 254; SOR/2011-27, 211, 290; SOR/2012-30, 122, 273; SOR/2013-59, 176; SOR/2014-77, 208; SOR/2015-52, 94; SOR/2016-8, 213, 303; SOR/2017-23, 74, 186; SOR/2018-50, 180, 234, 235, 260; SOR/2019-15, s. 1; SOR/2019-31, s. 1; SOR/2019-73, s. 1; SOR/2019-85, s. 1; SOR/2019-112, s. 1; SOR/2019-182, s. 1; SOR/2019-203, s. 1; SOR/2019-304, s. 1; SOR/ 2019-324, s. 1; SOR/2020-13, s. 1; SOR/2020-24, s. 1; SOR/2020-37, s. 1; SOR/2020-163, s. 1; SOR/2020-168, s. 1; SOR/2020-245, s. 1; SOR/2020-268, s. 1; SOR/2021-29, s. 1; SOR/2021-39, s. 1(F); SOR/2021-39, s. 2; SOR/2021-39, s. 3; SOR/2021-39, s. 4; SOR/ 2021-39, s. 5; SOR/2021-39, s. 6; SOR/2021-39, s. 7; SOR/2021-39, s. 8; SOR/2021-39, s. 9; SOR/2021-39, s. 10; SOR/2021-39, s. 11; SOR/2021-39, s. 12; SOR/2021-39, s. 13; SOR/ 2021-39, s. 14; SOR/2021-39, s. 15; SOR/2021-39, s. 16; SOR/2021-110, s. 1; SOR/ 2021-171, s. 1; SOR/2021-171, s. 2; SOR/2021-171, s. 3; SOR/2021-171, s. 4; SOR/ 2021-171, s. 5; SOR/2021-171, s. 6; SOR/2021-171, s. 7; SOR/2021-214, s. 1; SOR/2022-7, s. 1; SOR/2022-116, s. 1. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 667 Definition 667 In sections 668 to 673, Institute means the First Nations Statistical Institute. — 2012, c. 19, s. 668 Appointments terminated 668 (1) Directors of the Institute, including the Chairperson and Vice-Chairperson, cease to hold office on the coming into force of this subsection. No compensation (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director of the Institute, including as the Chairperson or Vice-Chairperson, 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division. — 2012, c. 19, s. 669 References 669 Every reference to the Institute in a deed, contract or other document executed by the Institute in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada. — 2012, c. 19, s. 670 Minister authorized 670 The Minister of Indian Affairs and Northern Development is authorized to sell or otherwise dispose of all of the Institute’s assets and to do everything necessary for or incidental to closing out the Institute’s affairs. — 2012, c. 19, s. 671 Surplus 671 (1) Any surplus that remains after the satisfaction of the Institute’s debts and liabilities and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on May 27, 2022 First Nations Fiscal Management RELATED PROVISIONS Unsatisfied debts and liabilities (2) Any of the Institute’s debts and liabilities that remain unsatisfied on the day on which the Institute is dissolved become the debts and liabilities of Her Majesty in right of Canada. Exception (3) Despite subsection (2), Her Majesty in right of Canada is not liable in respect of any claim against the Institute arising from its exercise of, or its failure to exercise, any of its powers or functions. — 2012, c. 19, s. 672 Commencement of legal proceedings 672 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Minister of Indian Affairs and Northern Development in closing out the Institute’s affairs may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Institute. Continuation of legal proceedings (2) Any action, suit or other legal proceeding to which the Institute is a party — other than an action, suit or legal proceeding in respect of any claim against the Institute arising from its exercise of, or failure to exercise, any of its powers or functions — that is pending in a court on the coming into force of this subsection 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 Institute. — 2012, c. 19, s. 673 Limit of liability 673 No civil proceedings lie against a former director or employee of the Institute for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with the First Nations Fiscal Management Act, as that Act read immediately before the coming into force of section 660. Current to June 20, 2022 Last amended on May 27, 2022

CONSOLIDATION First Nations Financial Transparency Act S.C. 2013, c. 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 to enhance the financial accountability and transparency of First Nations Short Title 1 Short title Interpretation 2 Definitions General 3 Purpose of Act Application Financial Statements and Schedule of Remuneration and Expenses Preparation and Independent Audit 5 Accounts and consolidated financial statements Schedule Disclosure 7 Copies — members Internet site — First Nation Internet site — Minister Court Remedies and Administrative Measures Orders 10 Application by member of First Nation Application by any person Limitation Administrative Measures 13 Power — Minister Current to June 20, 2022 Last amended on July 15, 2019 ii S.C. 2013, c. 7 An Act to enhance the financial accountability and transparency of First Nations [Assented to 27th March 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 First Nations Financial Transparency Act. Interpretation Definitions 2 The following definitions apply in this Act. consolidated financial statements means the financial statements of a First Nation — prepared in accordance with generally accepted accounting principles — in which the assets, liabilities, equity, income, expenses and cash flows of the First Nation and of those entities that are required by those principles to be included are presented as those of a single economic entity, as if the First Nation were a government reporting on its financial information. (états financiers consolidés) council has the same meaning as council of the band in subsection 2(1) of the Indian Act. (conseil) entity means a corporation or a partnership, a joint venture or any other unincorporated association or organization. (entité) Current to June 20, 2022 Last amended on July 15, 2019 First Nations Financial Transparency Interpretation Sections 2-5 expenses includes the costs of transportation, accommodation, meals, hospitality and incidental expenses. (dépenses) First Nation means a band, as defined in subsection 2(1) of the Indian Act, but does not include a band that is party to a comprehensive self-government agreement given effect by an Act of Parliament. (première nation) member has the same meaning as member of a band in subsection 2(1) of the Indian Act. (membre) Minister means the Minister of Crown-Indigenous Relations. (ministre) remuneration means any salaries, wages, commissions, bonuses, fees, honoraria and dividends and any other monetary benefits — other than the reimbursement of expenses — and non-monetary benefits. (rémunération) 2013, c. 7, s. 2; 2019, c. 29, s. 368. General Purpose of Act 3 The purpose of this Act is to enhance the financial accountability and transparency of First Nations by requiring the preparation and public disclosure of their audited consolidated financial statements and of the schedules of remuneration paid and expenses reimbursed to a First Nation’s chief and each of its councillors — acting in their capacity as such and in any other capacity, including their personal capacity — by the First Nation and by any entity that, in accordance with generally accepted accounting principles, is required to be consolidated with the First Nation. Application 4 This Act applies in respect of every First Nation’s financial year that begins after the day on which this Act comes into force. Financial Statements and Schedule of Remuneration and Expenses Preparation and Independent Audit Accounts and consolidated financial statements 5 (1) A First Nation must maintain its accounts and prepare its consolidated financial statements annually in Current to June 20, 2022 Last amended on July 15, 2019 First Nations Financial Transparency Financial Statements and Schedule of Remuneration and Expenses Preparation and Independent Audit Sections 5-7 accordance with generally accepted accounting principles, the primary sources of which are the handbooks — including the handbook respecting public sector accounting — of the Canadian Institute of Chartered Accountants, or its successor, as they are amended from time to time. Audit (2) A First Nation’s consolidated financial statements must be audited, in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, or its successor, by an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of a province. Schedule 6 (1) A First Nation must annually prepare a document entitled “Schedule of Remuneration and Expenses” that sets out, separately, the remuneration paid and the expenses reimbursed to its chief and each of its councillors — acting in their capacity as such and in any other capacity, including their personal capacity — by the First Nation and by any entity that, in accordance with generally accepted accounting principles, is required to be consolidated with the First Nation. Distinct document (2) The schedule does not form part of the consolidated financial statements. Report (3) An auditor’s report or a review engagement report, as the case may be, prepared by the auditor referred to in subsection 5(2), must accompany the schedule. Disclosure Copies — members 7 (1) A First Nation must, on the request of any of its members, provide the member with copies of any of the following documents: (a) its audited consolidated financial statements; (b) the Schedule of Remuneration and Expenses; (c) the auditor’s written report respecting the consolidated financial statements; and (d) the auditor’s report or the review engagement report, as the case may be, respecting the Schedule of Remuneration and Expenses. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Financial Transparency Financial Statements and Schedule of Remuneration and Expenses Disclosure Sections 7-10 Time limit (2) The First Nation must provide the copies without delay, but has until 120 days after the end of the financial year in question to provide them if the request is received within those 120 days. Fee (3) A First Nation may charge a fee for providing the copies, but the fee must not exceed the cost of the service. Internet site — First Nation 8 (1) A First Nation must publish the documents referred to in paragraphs 7(1)(a) to (d) on its Internet site, or cause those documents to be published on an Internet site, within 120 days after the end of each financial year. Documents archived (2) The documents referred to in subsection (1) must remain accessible to the public, on an Internet site, for at least 10 years. Discharging duty (3) Publishing any document on an Internet site is insufficient to discharge the First Nation’s duty to make copies of it available to its members who request that document. Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)(a) to (d) on the Internet site of the Department of Crown-Indigenous Relation and Northern Affairs without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). 2013, c. 7, s. 9; 2019, c. 29, s. 369. Court Remedies and Administrative Measures Orders Application by member of First Nation 10 If a First Nation fails to provide copies of any document under section 7, any member of that First Nation may apply to a superior court for an order requiring the council to carry out the duties under that section within the period specified by the court. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Financial Transparency Court Remedies and Administrative Measures Orders Sections 11-13 Application by any person 11 If a First Nation fails to publish any document under section 8, any person, including the Minister, may apply to a superior court for an order requiring the council to carry out the duties under that section within the period specified by the court. Limitation 12 An application for an order in respect of documents referred to in paragraphs 7(1)(a) to (d) for the most recent financial year may only be made after the expiry of 120 days after the end of that financial year. Administrative Measures Power — Minister 13 (1) If a First Nation is in breach of any duty imposed on it under sections 5 to 8, the Minister may take one or more of the following measures: (a) require the council to develop an appropriate action plan to remedy the breach; (b) withhold moneys payable as a grant or contribution to the First Nation under an agreement that is in force on the day on which the breach occurs and that is entered into by the First Nation and Her Majesty in right of Canada as represented by the Minister, solely or in combination with other ministers of the Crown, until the First Nation has complied with its duty; or (c) terminate any agreement referred to in paragraph (b). Deeming (2) An amount withheld under paragraph (1)(b) is deemed to be an amount that is due or owing for the purposes of section 37.1 of the Financial Administration Act. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Financial Transparency AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2019, c. 29, s. 368 (2) 368 (2) The definition Minister in section 2 of the Act is replaced by the following: Minister means the Minister of Indigenous Services. (ministre) — 2019, c. 29, s. 369 (2) 369 (2) Section 9 of the Act is replaced by the following: Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)(a) to (d) on the Internet site of the Department of Indigenous Services without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION First Nations Commercial and Industrial Development Act S.C. 2005, c. 53 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 regulation of commercial and industrial undertakings on reserve lands Short Title 1 Short title Interpretation 2 Definitions Regulations 3 Regulation-making power Expanded meaning of undertaking 4.1 Regulations — land registration Conditions for making regulations Conflict with regulations under another Act Conflict with first nation laws or by-laws Other Acts 8 Statutory Instruments Act Federal Courts Act Amounts received Limits on Liability, Defences and Immunities 11 Acts and omissions Right or interest in reserve lands 12.1 Registration, substitution or extinguishment Coming into Force *13 Order in council Current to June 20, 2022 Last amended on August 28, 2019 ii S.C. 2005, c. 53 An Act respecting the regulation of commercial and industrial undertakings on reserve lands [Assented to 25th November 2005] Preamble WHEREAS first nations are planning commercial and industrial undertakings on reserve lands; WHEREAS effective regulatory regimes are required for the governance of such undertakings; WHEREAS first nations have requested the Government of Canada to provide for the establishment of such regimes to facilitate economic development on their lands; WHEREAS existing Acts of Parliament do not provide sufficient authority for Canada or first nations to establish such regimes; AND WHEREAS regulations in relation to a first nation’s reserve lands will be made under this Act only at the request of the first nation; 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 First Nations Commercial and Industrial Development Act. Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Interpretation Sections 2-3 Interpretation Definitions 2 (1) The following definitions apply in this Act. first nation means a band as defined in subsection 2(1) of the Indian Act. (première nation) Minister means the Minister of Indigenous Services. (ministre) provincial body means a body established by the laws of a province. (organisme provincial) provincial official means a minister of the Crown in right of a province, a person employed by a province or a person appointed to, or employed by, a provincial body. (fonctionnaire provincial) reserve lands means lands within a reserve as defined in subsection 2(1) of the Indian Act. (terres de réserve) References to province (2) In this Act, references to a province, in relation to reserve lands, are to the province in which the reserve lands are situated. 2005, c. 53, s. 2; 2010, c. 6, s. 2; 2019, c. 29, s. 375. Regulations Regulation-making power 3 (1) The Governor in Council may make regulations governing commercial or industrial undertakings that are located on reserve lands described in the regulations. Included powers (2) Regulations made under subsection (1) may (a) designate a particular undertaking or a class of undertakings to which the regulations apply; (b) confer any legislative, administrative, judicial or other power on any person or body that the Governor in Council considers necessary to effectively regulate the undertakings; (c) confer on any person or body the power, exercisable in circumstances and subject to conditions similar to those applicable to the exercise of that power outside reserve lands under laws of the province, Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Regulations Section 3 (i) to make orders to cease any work, comply with any provision of the regulations or remedy the consequences of a failure to comply with the regulations, or (ii) to do any work that the person or body considers necessary and to recover the costs of that work; (d) fix, or prescribe the manner of calculating, the royalties or other charges to be paid to Her Majesty for the use and benefit of a first nation in respect of the exploitation of natural resources; (e) fix, or prescribe the manner of calculating, the fees to be paid in respect of the undertakings to any person or body, and the rents or other charges to be paid to Her Majesty for the use and benefit of a first nation in respect of the use of the reserve lands; (f) fix the rate of interest to be charged on amounts owing under the regulations; (g) establish offences punishable on summary conviction for contraventions of the regulations, where similar acts or omissions constitute an offence under laws of the province applicable outside reserve lands, and set fines or terms of imprisonment or both for such offences not exceeding those applicable under laws of the province; (h) establish administrative monetary penalties for contraventions of the regulations, where similar acts or omissions are punishable by similar penalties under laws of the province applicable outside reserve lands, and set the amount of those penalties not exceeding that imposed under laws of the province; (i) confer on any person the power to inspect and search places and things and to seize and detain property, for the purpose of verifying compliance with the regulations, in circumstances and subject to conditions similar to those applicable to the exercise of that power under laws of the province applicable outside reserve lands; (j) require that security be given or that a trust or other fund be established to secure the performance of any obligation arising under the regulations; (k) prescribe rules respecting the confidentiality, or the disclosure, of any information obtained under the regulations; (l) prescribe, or confer on any person or body the power to prescribe, rules of procedure for hearings to be held in relation to the undertakings, including rules for the issuance of subpoenas to require the Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Regulations Sections 3-4 appearance of persons and the production of documents and rules requiring that evidence be given under oath; (m) set limits on the liability of, and establish defences and immunities for, any person or body exercising a power or performing a duty under the regulations; (n) require that an assessment of the environmental effects of the undertakings be undertaken in circumstances where the Impact Assessment Act does not apply, and establish a procedure to be followed in such an assessment; (o) with respect to reserve lands that have been designated for the purposes of an undertaking under subsection 38(2) of the Indian Act, authorize — to the extent permitted by the terms of the designation — the disposition by any person or body of any right or interest in those lands for the purposes of the undertaking, and specify the terms and conditions of such dispositions; (p) exclude the reserve lands or the undertakings from the application of the Indian Oil and Gas Act; (q) provide for the relationship between the regulations and aboriginal and treaty rights referred to in section 35 of the Constitution Act, 1982, including limiting the extent to which the regulations may abrogate or derogate from those aboriginal and treaty rights; (r) provide for the arbitration of disputes arising under the regulations; and (s) provide for the disposition or destruction of documents, regardless of medium, that are created or submitted under the regulations. Incorporation by reference (3) The regulations may incorporate by reference any laws of the province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. 2005, c. 53, s. 3; 2010, c. 6, s. 3; 2012, c. 19, s. 63; 2019, c. 28, s. 188. Expanded meaning of undertaking 4 The Governor in Council may make regulations enlarging the meaning of the expression “commercial or industrial undertaking” for the purposes of this Act. Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Regulations Section 4.1 Regulations — land registration 4.1 (1) The Governor in Council may make regulations respecting the establishment and operation of a system for the registration of interests and rights in reserve lands described in the regulations. Content of regulations (2) Regulations made under subsection (1) may, despite any other Act of Parliament, (a) establish priorities or, in Quebec, rankings among interests or rights that have been registered; (b) establish a fund to compensate for losses in relation to interests or rights that have been registered or that should have been registered; (c) for purposes of registration, deem Her Majesty’s or a first nation’s interest or rights in the reserve lands to constitute fee simple title to or, in Quebec, ownership of the lands; (d) deem valid any surrender or designation of the reserve lands made or purported to be made under the Indian Act despite an assertion to the contrary by any person; (e) confirm the legal capacity of a first nation to hold, transfer and register interests and rights in the reserve lands; (f) authorize Her Majesty, without any new surrender or designation of reserve lands under the Indian Act by a first nation, to grant fee simple title to those lands to Herself or to the first nation or, in Quebec, confer ownership of those lands on Herself or on the first nation, for a purpose authorized under a surrender or designation made under that Act prior to the grant or conferral; (g) authorize the Minister, for the purposes of registration, to certify that Her Majesty or any other person has an interest or right in the reserve lands; (h) entitle the holders of registrable interests and rights in the reserve lands to apply for registration; (i) provide for the registration, at the request of the Minister or a first nation, of registrable interests and rights of any person that existed at the time of the initial registration of the fee simple title or ownership or other interests or rights of Her Majesty or the first nation in the reserve lands; (j) provide for the substitution by the Minister or a first nation, as the case may be, of registrable interests Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Regulations Sections 4.1-5 and rights in the reserve lands for non-registrable ones; (k) provide for the extinguishment of any interests and rights that are not registered; (l) provide for the manner of calculating the compensation, if any, to be paid by a first nation for any substitution or extinguishment referred to in paragraphs (j) and (k), and limit the time for claiming such compensation; and (m) exclude the reserve lands from the application of sections 19, 21 and 55 of the Indian Act. Interests and rights not affected (3) A grant or conferral under paragraph (2)(f) does not affect Her Majesty’s title to the reserve lands, or a first nation’s interest or rights in the reserve lands, as the case may be. Incorporation by reference (4) The regulations may incorporate by reference any laws of the province, as amended from time to time, with any adaptations that the Governor in Council considers necessary. 2010, c. 6, s. 4. Conditions for making regulations 5 (1) Regulations may not be made under section 3 or 4.1 in respect of reserve lands of a first nation unless (a) the Minister has received a resolution of the council of the first nation requesting that the Minister recommend to the Governor in Council the making of those regulations; and (b) if the regulations specify a provincial official by whom, or body by which, a power may be exercised or a duty must be performed, an agreement has been concluded between the Minister, the province and the council of the first nation for the administration and enforcement of the regulations by that official or body. Dispute resolution (2) An agreement referred to in paragraph (1)(b) may provide for the arbitration, in accordance with the laws of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute. Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Regulations Sections 5-10 Non-application (3) Subsection (1) does not apply to the amendment or repeal of regulations made under section 3 or 4.1. 2005, c. 53, s. 5; 2010, c. 6, s. 5. Conflict with regulations under another Act 6 Regulations made under any other Act of Parliament prevail over regulations made under section 3 to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under that section. Conflict with first nation laws or by-laws 7 Regulations made under section 3 or 4.1 prevail over any laws or by-laws made by a first nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise. 2005, c. 53, s. 7; 2010, c. 6, s. 6. Other Acts Statutory Instruments Act 8 The Statutory Instruments Act does not apply to any instruments made by a provincial official or body under authority of a provincial law incorporated by reference in regulations made under section 3 or 4.1. 2005, c. 53, s. 8; 2010, c. 6, s. 6. Federal Courts Act 9 (1) A provincial official or body that exercises a power or performs a duty under regulations made under section 3 or 4.1 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 regulations made under section 3 or 4.1, where a power or duty is conferred or imposed by a provincial law that is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations 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 provincial law applied of its own force. 2005, c. 53, s. 9; 2010, c. 6, s. 6. Amounts received 10 Fees, charges, fines or other payments collected by a provincial official or body pursuant to regulations made under section 3 are not Indian moneys for the purposes Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Other Acts Sections 10-12.1 of the Indian Act or public money for the purposes of the Financial Administration Act. Limits on Liability, Defences and Immunities Acts and omissions 11 In respect of any act or omission occurring in the exercise of a power or the performance of a duty under regulations made under section 3 or 4.1, (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as apply to Her Majesty in right of the province under the laws of the province; and (b) the person or body exercising the power or performing the duty is entitled, unless otherwise provided by the regulations, to the same limits on liability, defences and immunities as those that would apply to a person or body exercising such a power or performing such a duty under the laws of the province. 2005, c. 53, s. 11; 2010, c. 6, s. 7. Right or interest in reserve lands 12 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed in relation to reserve lands against Her Majesty in right of Canada under regulations made under section 3 based on any right or interest retained by Her Majesty in those lands. Registration, substitution or extinguishment 12.1 No civil proceeding may be brought against Her Majesty in right of Canada or a province, a federal or provincial official or body or a person acting on behalf of any of them, in relation to the registration of the title or ownership of Her Majesty or a first nation, or of any registrable interest or right referred to in paragraph 4.1(2)(i), or in relation to the substitution or extinguishment of any interest or right in reserve lands pursuant to regulations made under section 4.1. 2010, c. 6, s. 8. Current to June 20, 2022 Last amended on August 28, 2019 First Nations Commercial and Industrial Development Coming into Force Section 13 Coming into Force Order in council 13 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 April 1, 2006, see SI/2006-57.] Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION First Nations Elections Act S.C. 2014, c. 5 Current to June 20, 2022 Last amended on June 10, 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 10, 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 10, 2022 TABLE OF PROVISIONS An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations Short Title 1 Short title Interpretation 2 Definitions Adding to the Schedule 3 Order Change of name Election Dates 5 First election Subsequent elections Council 7 Composition Statutory Instruments Act Candidates 9 Eligibility Prohibition Candidacy fee Prohibition Order to leave Ballots 14 Prohibition Voting 15 Elector entitled to vote Prohibition — any person Prohibition — elector Secrecy of voting Prohibition — elector Current to June 20, 2022 Last amended on June 10, 2022 ii First Nations Elections TABLE OF PROVISIONS Polling Stations 20 Prohibition Order to leave Prohibition Awarding of Positions 23 Chief and councillor positions Tied vote By-Elections 25 By-elections Obstruction of Elections 26 Prohibition Prohibition Term of Office 28 Term of office Term of office after by-election Contested Elections 30 Means of contestation Contestation of election Time limit Competent courts Service of application Court may set aside election Petition for Removal from Office 36 Prohibition Offences 37 Offences Offences Penalties 39 Dual procedure Additional penalty Current to June 20, 2022 Last amended on June 10, 2022 iv First Nations Elections TABLE OF PROVISIONS Regulations 41 Regulations Removal from Schedule 42 Removing a participating First Nation from the schedule Consequential Amendment to the Indian Act Coming into Force *44 Order in council SCHEDULE Participating First Nations Current to June 20, 2022 Last amended on June 10, 2022 v S.C. 2014, c. 5 An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations [Assented to 11th April 2014] 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 First Nations Elections Act. Interpretation Definitions 2 The following definitions apply in this Act. council has the meaning assigned by the definition council of the band in subsection 2(1) of the Indian Act. (conseil) deputy electoral officer means a person so appointed in accordance with the regulations. (président d’élection adjoint) election means the election of the chief and councillors of a participating First Nation, including by way of a byelection. (élection) elector means a person who is registered on a Band List, as defined in subsection 2(1) of the Indian Act, and (a) in relation to an election, is 18 years of age or older on the day of the election; Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Interpretation Sections 2-3 (b) in relation to a petition to remove from office a chief or councillor, was 18 years of age or older on the day of the election of that chief or councillor; (c) in relation to a nomination referred to in section 9, is 18 years of age or older on the day of the nomination; or (d) in relation to a vote on a proposed community election code referred to in paragraph 42(1)(b), is 18 years of age or older on the day of the vote. (électeur) electoral officer means a person so appointed in accordance with the regulations. (président d’élection) First Nation has the meaning assigned by the definition band in subsection 2(1) of the Indian Act. (première nation) mail-in ballot means a ballot that is sent to an elector by mail or otherwise provided to an elector other than at a polling station. (bulletin de vote postal) member, in relation to a participating First Nation, means a person whose name appears, or who is entitled to have their name appear, on the Band List maintained for that First Nation under section 8 of the Indian Act. (membre) Minister means the Minister of Indigenous Services. (ministre) nomination meeting means a meeting held for the purpose of nominating candidates for an election. (assemblée de mise en candidature) participating First Nation means a First Nation that is named in the schedule. (première nation participante) reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve) 2014, c. 5, s. 2; 2019, c. 29, s. 375. Adding to the Schedule Order 3 (1) The Minister may, by order, add the name of a First Nation to the schedule if (a) that First Nation’s council has provided to the Minister a resolution requesting that the First Nation be added to the schedule; Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Adding to the Schedule Sections 3-5 (b) the Minister is satisfied that a protracted leadership dispute has significantly governance of that First Nation; or compromised (c) the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election. Contents of the order (2) The order must specify the date of the first election for the First Nation in respect of which the order is made. Effect of order on term of office (3) The chief and councillors of a First Nation in respect of which an order is made who hold office on the day on which the order is made continue to hold office until the day of the first election and cease to hold office on that day. Exception (4) Subsection 7(1) does not apply to the council that is in office on the day on which the order is made. Change of name 4 In the event of a change to the name of a participating First Nation, the Minister may, by order, amend the schedule to reflect the change. Election Dates First election 5 The date of a first election must not be later than, (a) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(a), (i) the day on which, but for the making of the Minister’s order, the term of office of its chief and councillors would have expired, or (ii) if that First Nation’s council has requested in their resolution the establishment of a common election date with five or more other First Nations whose councils have made a similar request, one year after the earliest day on which, but for the order, the term of office of the chief and councillors of any one of those First Nations would have expired; and (b) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(b) or (c), six months after the day on which the order is made. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Election Dates Sections 5-9 Subsequent elections 6 Subsequent elections, other than by-elections, must be held within the period of 30 days before the day on which the term of office of the incumbent chief and councillors expires. Council Composition 7 (1) The council of a participating First Nation is to consist of one chief and, for every 100 members of that First Nation, one councillor, but the number of councillors is not to be less than two or more than 12. Reduction — number of councillors (2) Despite subsection (1), the council may, by resolution, reduce the number of councillor positions but to not less than two. The reduction is applicable as of the next election that is not a by-election. Statutory Instruments Act 8 The resolution referred to in subsection 7(2) is not subject to the Statutory Instruments Act. Candidates Eligibility 9 (1) Only an elector of a participating First Nation is eligible to be nominated as a candidate for the position of chief or councillor of that First Nation. Limitation (2) An elector is not to be nominated as a candidate for the position of chief and the position of councillor in the same election. Nomination (3) An elector becomes a candidate only if (a) their nomination is moved and seconded, in the manner prescribed by regulation, by other electors of the First Nation; (b) they provide their consent to be a candidate; and (c) the fee imposed on them under section 11, if any, is remitted. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Candidates Sections 9-13 Limitation (4) An elector must not nominate more than one candidate for each position to be filled. Prohibition 10 A person must not, in connection with an election, consent to be a candidate knowing that they are not eligible to be a candidate. Candidacy fee 11 Participating First Nations may, if authorized to do so by regulation, impose a fee of up to $250 on each candidate in an election, to be refunded if the candidate receives more than five per cent of the total votes cast. Prohibition 12 A person must not, in connection with an election, (a) by intimidation or duress, attempt to influence another person to (i) nominate or refrain from nominating a particular candidate, (ii) accept or decline a nomination, or (iii) withdraw as a candidate; (b) act, or incite another person to act, in a disorderly manner, with the intention of disrupting the conduct of a nomination meeting; or (c) knowingly publish a false statement that a candidate is withdrawing or has withdrawn their candidacy. Order to leave 13 (1) An electoral officer or deputy electoral officer may order a person to leave a nomination meeting if the person is committing an offence under this Act that threatens the maintenance of order at the meeting, or if the officer believes on reasonable grounds that the person has done so. Obligation (2) A person to whom an order is given under subsection (1) must obey it without delay. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Ballots Sections 14-16 Ballots Prohibition 14 A person must not, in connection with an election, (a) provide a false name in order to obtain a ballot; (b) possess a ballot that was not provided to them in accordance with the regulations; (c) purchase a mail-in ballot that was issued to another person; (d) sell or give away a mail-in ballot; or (e) print or reproduce a ballot with the intention that the print or reproduction be used as a genuine ballot, unless that person is authorized to do so under the regulations. Voting Elector entitled to vote 15 (1) Subject to subsection (2), only an elector of a participating First Nation is entitled to vote in an election held by that First Nation. Exception (2) An elector who is appointed as the electoral officer in respect of an election is not entitled to vote in that election. Prohibition — any person 16 A person must not, in connection with an election, (a) vote or attempt to vote knowing that they are not entitled to vote; (b) attempt to influence another person to vote knowing that the other person is not entitled to do so; (c) knowingly use a forged ballot; (d) put a ballot into a ballot box knowing that they are not authorized to do so under the regulations; (e) by intimidation or duress, attempt to influence another person to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or (f) offer money, goods, employment or other valuable consideration in an attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Voting Sections 16-21 Prohibition — elector 17 An elector must not, in connection with an election, (a) intentionally vote more than once in respect of any given position of chief or councillor; or (b) accept or agree to accept money, goods, employment or other valuable consideration to vote or refrain from voting or to vote or refrain from voting for a particular candidate. Secrecy of voting 18 Voting at an election is to be conducted by secret ballot. Prohibition — elector 19 An elector must not, in connection with an election, (a) show their ballot, when marked, to reveal the name of the candidate for whom the elector has voted, other than in accordance with the regulations; or (b) in the polling station, openly declare for whom the elector intends to vote or has voted. Polling Stations Prohibition 20 A person must not, in connection with an election, (a) post or display in, or on the exterior surface of, a polling station any campaign literature or other material that promotes or opposes the election of a particular candidate; (b) within hearing distance of a polling station, orally promote or oppose the election of a candidate; (c) in a polling station, attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or (d) act, or incite another person to act, in a disorderly manner with the intention of disrupting the conduct of the vote in a polling station. Order to leave 21 (1) An electoral officer or deputy elector officer may order a person to leave a polling station if the person is Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Polling Stations Sections 21-27 committing an offence under this Act that threatens the maintenance of order at the polling station, or if the officer believes on reasonable grounds that a person has done so. Obligation (2) A person to whom an order is given under subsection (1) must obey it without delay. Prohibition 22 A person must not, in connection with an election, destroy, take, open or otherwise interfere with a ballot box knowing that they are not authorized to do so under the regulations. Awarding of Positions Chief and councillor positions 23 The chief and councillor positions of a participating First Nation are awarded to the candidates for those positions who receive the highest number of votes. Tied vote 24 If it is not possible to award a position under section 23 because there are two or more candidates with the same number of votes, the electoral officer must conduct a draw to break the tie. By-Elections By-elections 25 If the chief or a councillor of a participating First Nation ceases to hold office more than three months before the day on which their term of office would have expired under subsection 28(1) or section 29, the council of that First Nation may direct that a by-election be held for that position, in accordance with the regulations. Obstruction of Elections Prohibition 26 A person must not intentionally obstruct an electoral officer or deputy electoral officer in the performance of their duties. Prohibition 27 A person must not, in a manner that this Act does not otherwise prohibit, intentionally obstruct the conduct of an election. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Term of Office Sections 28-31 Term of Office Term of office 28 (1) Subject to subsection (2) and section 29, the chief and councillors of a participating First Nation hold office for four years commencing at the expiry of the term of office of the chief and councillors that they replace. Term of office ceases (2) A chief or councillor of a participating First Nation ceases to hold office if (a) they are convicted of an indictable offence and sentenced to a term of imprisonment of more than 30 consecutive days; (b) they are convicted of an offence under this Act; (c) they die or resign from office; (d) a court sets aside their election under subsection 35(1); or (e) they are removed from office by means of a petition in accordance with the regulations. Term of office after by-election 29 A chief or councillor who is elected in a by-election held under section 25 holds office commencing on the date of their election for the remainder of the term of office that they were elected to fill. Contested Elections Means of contestation 30 The validity of the election of the chief or a councillor of a participating First Nation may be contested only in accordance with sections 31 to 35. Contestation of election 31 An elector of a participating First Nation may, by application to a competent court, contest the election of the chief or a councillor of that First Nation on the ground that a contravention of a provision of this Act or the regulations is likely to have affected the result. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Contested Elections Sections 32-37 Time limit 32 An application must be filed within 30 days after the day on which the results of the contested election were announced. Competent courts 33 The following courts are competent courts for the purpose of section 31: (a) the Federal Court; and (b) the superior court of a province in which one or more of the participating First Nation’s reserves are located. Service of application 34 An application must be served by the applicant on the electoral officer and all the candidates who participated in the contested election. Court may set aside election 35 (1) After hearing the application, the court may, if the ground referred to in section 31 is established, set aside the contested election. Duties of court clerk (2) If the court sets aside an election, the clerk of the court must send a copy of the decision to the Minister. Petition for Removal from Office Prohibition 36 A person must not (a) provide money, goods, employment or other valuable consideration to another person for the purpose of obtaining their signature on a petition for the removal from office of a chief or councillor of a participating First Nation; or (b) accept money, goods, employment or other valuable consideration in exchange for their signature on such a petition. Offences Offences 37 (1) Every person is guilty of an offence who contravenes paragraph 16(a) or (b) or 17(a), section 22 or paragraph 36(a). Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Offences Sections 37-39 Offences to which an additional penalty applies (2) Every person is guilty of an offence who contravenes (a) section 10; or (b) section 12, paragraph 14(a), (c) or (e), 16(c), (e) or (f) or 20(d) or section 26 or 27. Offences — subsections 13(2) and 21(2) (3) Every person who intentionally contravenes subsection 13(2) or 21(2) is guilty of an offence. Offences 38 (1) Every person is guilty of an offence who contravenes paragraph 16(d), 17(b), 19(b) or 36(b). Strict liability offence (2) An electoral officer who fails to perform their duty under section 24 or an electoral officer or deputy electoral officer who fails to perform any of their duties under the regulations is guilty of an offence. Due diligence defence (3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence. Offences — paragraphs 14(b) and (d), 19(a) and 20(a) to (c) (4) Every person who intentionally contravenes any of paragraphs 14(b) and (d), 19(a) and 20(a) to (c) is guilty of an offence. Penalties Dual procedure 39 (1) Every person who is guilty of an offence under section 37 is liable (a) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Penalties Sections 39-41 Summary conviction (2) Every person who is guilty of an offence under section 38 is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both. Additional penalty 40 Any person who is convicted of an offence under paragraph 37(2)(a), or any candidate who is convicted of an offence under paragraph 37(2)(b), in addition to any other punishment for that offence prescribed by this Act, is not eligible to be elected as chief or councillor of a participating First Nation during the five years after the date of conviction. Regulations Regulations 41 The Governor in Council may make regulations with respect to elections, including regulations respecting (a) the appointment, powers, duties and removal of electoral officers and deputy electoral officers; (b) the requirement that electoral officers be certified, the certification process and the grounds for withdrawing certification; (c) the manner of identifying electors of a participating First Nation; (d) the manner in which candidates may be nominated; (e) the imposition, by participating First Nations, of a fee on each candidate in accordance with section 11; (f) the manner in which voting is to be carried out, including (i) permitting the electoral officer to establish polling stations and advance polling stations, (ii) procedures for obtaining and using mail-in ballots, and (iii) the counting of votes; (g) the removal from office of a chief or councillor of a participating First Nation by means of a petition, including (i) the percentage of electors of that First Nation who must sign that petition, and Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Regulations Sections 41-42 (ii) the period during which that petition is to be filed; (h) the holding of by-elections; and (i) anything else that by this Act is to be prescribed. Removal from Schedule Removing a participating First Nation from the schedule 42 (1) If a participating First Nation’s council has provided to the Minister a proposed community election code and a resolution requesting that the name of that First Nation be removed from the schedule, the Minister may, by order, remove the name from the schedule if (a) the code establishes a procedure for its amendment; (b) the code and the request were approved by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated; (c) the code has been published by that First Nation on a website maintained by or for it or in the First Nations Gazette; and (d) there are no outstanding charges under this Act against any member of that First Nation. Effective date of community election code (2) The community election code comes into force on the day on which the Minister’s order is made. Amendments (3) Amendments to the community election code come into force on the day on which they are published by the First Nation on a website maintained by or for it or in the First Nations Gazette. Statutory Instruments Act (4) The community election code is not subject to the Statutory Instruments Act. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections Removal from Schedule Sections 42-44 Meaning of community election code (5) In this section, community election code means a written code that sets out rules regarding the election of the chief and councillors of a First Nation. Consequential Amendment to the Indian Act 43 [Amendment] Coming into Force Order in council * 44 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 April 2, 2015, see SI/2015-27.] Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections SCHEDULE Participating First Nations SCHEDULE (Sections 2 to 5 and 42) Participating First Nations 1 Madawaska Maliseet First Nation Micmacs of Gesgapegiag English River First Nation Bunibonibee Cree Nation George Gordon First Nation Red Pheasant First Nation Pabineau First Nation Membertou First Nation The Key First Nation Stswecemc Xgattem First Nation Ashcroft Band Burns Lake Band Chippewas of Rama First Nation Indian Island Band We’koqma’q First Nation Gull Bay Eskasoni Chippewas of Georgina Island Nooaitch Indian Band Musqueam Indian Band Wuskwi Sipihk First Nation Skownan First Nation Tobique Beaver First Nation Canoe Lake Cree First Nation Pine Creek First Nation Flying Dust First Nation Fishing Lake First Nation Waywayseecappo First Nation Mistawasis Nehiyawak Birdtail Sioux First Nation Tla-o-qui-aht First Nations Gitwangak Band Songhees Nation Pic Mobert First Nation Ahtahkakoop Gitsegukla Band Black River First Nation Moose Deer Point First Nation Oromocto First Nation Sakimay First Nations Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections SCHEDULE Participating First Nations Pheasant Rump Nakota First Nation Fort Folly First Nation Day Star First Nation Elsipogtog First Nation Kingsclear First Nation Eel Ground First Nation Lake St. Martin First Nation Metepenagiag Mi’kmaq Nation Wagmatcook First Nation Nigigoonsiminikaaning First Nation Potlotek First Nation Dakota Tipi First Nation Shuswap Indian Band Paul First Nation Biinjitiwaabik Zaaging Anishinaabek Woodstock First Nation Makwa Sahgaiehcan First Nation Peguis First Nation Fort William First Nation Keeseekoowenin First Nation Roseau River Anishinabe First Nation Tseycum First Nation Beecher Bay First Nation Berens River First Nation T’Sou-ke First Nation Hollow Water First Nation Penelakut First Nation Piapot First Nation Lake Manitoba First Nation Poplar River First Nation Ebb and Flow First Nation Esgenoôpetitj First Nation Tsleil-Waututh Nation Ocean Man First Nation Serpent River First Nation Bear River First Nation Biigtigong Nishnaabeg Tsartlip First Nation Pauquachin First Nation 2014, c. 5, Sch.; SOR/2015-136, s. 1; SOR/2015-149, s. 1; SOR/2015-208, s. 1; SOR/ 2015-218, s. 1; SOR/2016-2, s. 1; SOR/2016-53, s. 1; SOR/2016-55, s. 1; SOR/2016-57, s. 1; SOR/2016-110, s. 1; SOR/2016-112, s. 1; SOR/2016-114, s. 1; SOR/2016-116, s. 1; SOR/ 2016-118, s. 1; SOR/2016-215, s. 1; SOR/2016-217, s. 1; SOR/2016-219, s. 1; SOR/ 2016-221, s. 1; SOR/2016-223, s. 1; SOR/2016-225, s. 1; SOR/2016-237, s. 1; SOR/ 2016-246, s. 1; SOR/2016-248, s. 1; SOR/2016-250, s. 1; SOR/2016-264, s. 1; SOR/ 2016-266, s. 1; SOR/2016-330, s. 1; SOR/2016-332, s. 1; SOR/2016-334, s. 1; SOR/2017-3, s. 1; SOR/2017-5, s. 1; SOR/2017-30, s. 1; SOR/2017-32, s. 1; SOR/2017-34, s. 1; SOR/ 2017-64, s. 1; SOR/2017-66, s. 1; SOR/2017-97, s. 1; SOR/2017-99, s. 1; SOR/2017-102, s. 1; SOR/2017-152, s. 1; SOR/2017-153, s. 1; SOR/2017-188, s. 1; SOR/2017-190, s. 1; SOR/ 2017-240, s. 1; SOR/2017-242, s. 1; SOR/2018-30, s. 1; SOR/2018-74, s. 1; SOR/2018-91, s. 1; SOR/2018-93, s. 1; SOR/2018-95, s. 1; SOR/2018-106, s. 1; SOR/2018-154, s. 1; SOR/ 2018-173, s. 1; SOR/2018-175, s. 1; SOR/2018-181, s. 1; SOR/2018-200, s. 1; SOR/ 2018-267, s. 1; SOR/2019-9, s. 1; SOR/2019-14, s. 1; SOR/2019-28, s. 1; SOR/2019-30, s. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections SCHEDULE Participating First Nations 1; SOR/2019-141, s. 1; SOR/2019-205, s. 1; SOR/2019-271, s. 1; SOR/2019-306, s. 1; SOR/ 2019-344, s. 1; SOR/2019-346, s. 1; SOR/2020-99, s. 1; SOR/2020-140, s. 1; SOR/ 2020-196, s. 1; SOR/2020-198, s. 1; SOR/2020-202, s. 1; SOR/2020-300, s. 1; SOR/ 2021-33, s. 1; SOR/2021-33, s. 2; SOR/2021-54, s. 1; SOR/2021-94, s. 1; SOR/2021-209, s. 1; SOR/2021-211, s. 1; SOR/2021-213, s. 1; SOR/2022-130, s. 1. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS RELATED PROVISIONS — SOR/2015-136, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Madawaska Maliseet First Nation is fixed as August 27, 2015. — SOR/2015-149, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Micmacs of Gesgapegiag is fixed as August 20, 2015. — SOR/2015-208, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the English River First Nation is fixed as October 26, 2015. — SOR/2015-218, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Bunibonibee Cree Nation is fixed as December 3, 2015. — SOR/2016-2, s. 2, as amended by SOR/ 2016-28 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election is fixed as (a) March 31, 2016 for the council of the George Gordon First Nation; (b) March 18, 2016 for the council of the Red Pheasant First Nation; and (c) April 13, 2016 for the council of the Pabineau First Nation. — SOR/2016-53, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Membertou First Nation is fixed as June 15, 2016. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2016-55, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of The Key First Nation is fixed as October 1, 2016. — SOR/2016-57, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Stswecemc Xgattem First Nation is fixed as June 8, 2016. — SOR/2016-110, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ashcroft Band is fixed as November 7, 2016. — SOR/2016-112, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Burns Lake Band is fixed as October 21, 2016. — SOR/2016-114, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Chippewas of Rama First Nation is fixed as September 2, 2016. — SOR/2016-116, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Indian Island Band is fixed as November 17, 2016. — SOR/2016-118, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Waycobah First Nation is fixed as August 18, 2016. — SOR/2016-215, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gull Bay Band is fixed as November 26, 2016. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2016-217, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Wuskwi Sipihk First Nation is fixed as October 14, 2016. — SOR/2016-219, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Musqueam Indian Band is fixed as November 30, 2016. — SOR/2016-221, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Chippewas of Georgina Island is fixed as March 21, 2017. — SOR/2016-223, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Nooaitch Indian Band is fixed as November 21, 2016. — SOR/2016-225, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of Eskasoni is fixed as October 13, 2016. — SOR/2016-237, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Skownan First Nation is fixed as November 3, 2016. — SOR/2016-246, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tobique First Nation is fixed as November 28, 2016. — SOR/2016-248, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Canoe Lake Cree First Nation is fixed as December 16, 2016. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2016-250, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Beaver First Nation is fixed as November 29, 2016. — SOR/2016-264, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pine Creek First Nation is fixed as January 4, 2017. — SOR/2016-266, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Flying Dust First Nation is fixed as December 5, 2016. — SOR/2016-330, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Fishing Lake First Nation is fixed as February 26, 2017. — SOR/2016-332, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Mistawasis Nehiyawak First Nation is fixed as April 7, 2017. — SOR/2016-334, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Waywayseecappo First Nation is fixed as February 24, 2017. — SOR/2017-3, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Birdtail Sioux First Nation is fixed as March 30, 2017. — SOR/2017-5, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tla-o-qui-aht First Nations is fixed as May 9, 2018. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2017-30, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Songhees Nation is fixed as June 22, 2017. — SOR/2017-32, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pic Mobert First Nation is fixed as July 27, 2017. — SOR/2017-34, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gitwangak Band is fixed as May 8, 2017. — SOR/2017-64, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ahtahkakoop Band is fixed as June 16, 2017. — SOR/2017-66, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gitsegukla Band is fixed as July 7, 2017. — SOR/2017-97, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Moose Deer Point First Nation is fixed as August 1, 2017. — SOR/2017-99, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Black River First Nation is fixed as August 2, 2017. — SOR/2017-102, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Oromocto First Nation is fixed as August 4, 2017. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2017-152, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Sakimay First Nations is fixed as September 6, 2017. — SOR/2017-153, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pheasant Rump Nakota First Nation is fixed as September 15, 2017. — SOR/2017-188, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Fort Folly First Nation is fixed as November 23, 2017. — SOR/2017-190, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Day Star First Nation is fixed as November 15, 2017. — SOR/2017-240, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Kingsclear First Nation is fixed as February 20, 2018. — SOR/2017-242, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Elsipogtog First Nation is fixed as February 10, 2018. — SOR/2018-30, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Eel Ground First Nation is fixed as May 10, 2018. — SOR/2018-74, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Lake St. Martin First Nation is fixed as July 4, 2018. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2018-91, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Metepenagiag Mi’kmaq Nation is fixed as July 16, 2018. — SOR/2018-93, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Wagmatcook First Nation is fixed as July 4, 2018. — SOR/2018-95, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Nigigoonsiminikaaning First Nation is fixed as July 18, 2018. — SOR/2018-106, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Potlotek First Nation is fixed as August 5, 2018. — SOR/2018-154, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Dakota Tipi First Nation is fixed as August 31, 2018. — SOR/2018-173, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Shuswap Indian Band is fixed as November 1, 2018. — SOR/2018-175, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Paul First Nation is fixed as November 2, 2018. — SOR/2018-181, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Biinjitiwaabik Zaaging Anishinaabek is fixed as November 17, 2018. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2018-200, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Woodstock First Nation is fixed as December 6, 2018. — SOR/2018-267, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Peguis First Nation is fixed as March 23, 2019. — SOR/2019-9, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Makwa Sahgaiehcan First Nation is fixed as February 18, 2019. — SOR/2019-14, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Roseau River Anishinabe First Nation is fixed as March 11, 2019. — SOR/2019-28, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Keeseekoowenin First Nation is fixed as April 8, 2019. — SOR/2019-30, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Fort William First Nation is fixed as April 15, 2019. — SOR/2019-141, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tseycum First Nation is fixed as July 25, 2019. — SOR/2019-205, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Beecher Bay First Nation is fixed as October 8, 2019. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2019-271, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Berens River First Nation is fixed as November 15, 2019. — SOR/2019-306, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the T’Sou-ke First Nation is fixed as February 11, 2020. — SOR/2019-344, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Penelakut First Nation is fixed as February 19, 2020. — SOR/2019-346, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Hollow Water First Nation is fixed as February 3, 2020. — SOR/2020-99, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Piapot First Nation is fixed as June 27, 2020. — SOR/2020-140, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Lake Manitoba First Nation is fixed as August 31, 2020. — SOR/2020-196, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Esgenoôpetitj First Nation is fixed as November 12, 2020. — SOR/2020-198, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Poplar River First Nation is fixed as November 3, 2020. Current to June 20, 2022 Last amended on June 10, 2022 First Nations Elections RELATED PROVISIONS — SOR/2020-202, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ebb and Flow First Nation is fixed as November 20, 2020. — SOR/2020-300, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tsleil-Waututh Nation is fixed as March 31, 2021. — SOR/2021-54, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ocean Man First Nation is fixed as June 1, 2021. — SOR/2021-94, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Serpent River First Nation is fixed as October 30, 2021. — SOR/2021-209, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Bear River First Nation is fixed as November 18, 2021. — SOR/2021-211, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tsartlip First Nation is fixed as December 5, 2021. — SOR/2021-213, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of Biigtigong Nishnaabeg is fixed as November 1, 2021. — SOR/2022-130, s. 2 2 In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pauquachin First Nation is fixed as October 20, 2022. Current to June 20, 2022 Last amended on June 10, 2022

CONSOLIDATION Federal Real Property and Federal Immovables Act S.C. 1991, c. 50 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 the acquisition, administration and disposition of real property and immovables by the Government of Canada Short Title 1 Short title Interpretation 2 Definitions Delegation 3 Authorization of officials Dispositions, Leases and Licences 4 Prohibition Grants and Concessions 5 Letters patent, etc. Execution of licences Plans Delivery required Words of limitation Grants or concessions to Her Majesty Transfers of administration and control Restrictions Application of Other Laws 13 Acquisition under provincial Act No title by prescription Minister of Justice 15 Powers of Minister of Justice Authority for Dispositions, Acquisitions and Administrative Transfers 16 Powers of Governor in Council Territorial lands Current to June 20, 2022 Last amended on July 15, 2019 ii Federal Real Property and Federal Immovables TABLE OF PROVISIONS Administration by Minister General 19 Defence property vested in Her Majesty Grants or concessions to deceased persons not null or void Correction of defective grants Relief from inconsistent transactions Consequential Amendments Repeal Coming into Force *51 Coming into force Current to June 20, 2022 Last amended on July 15, 2019 iv S.C. 1991, c. 50 An Act respecting the acquisition, administration and disposition of real property and immovables by the Government 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 Federal Real Property and Federal Immovables Act. 1991, c. 50, s. 1; 2001, c. 4, s. 10. Interpretation Definitions 2 In this Act, administration means administration within the meaning of section 18; (gestion) agent corporation means an agent corporation as defined in section 83 of the Financial Administration Act; (société mandataire) Crown grant means any of the instruments or acts referred to in section 5, a plan referred to in section 7, a notification within the meaning of the Territorial Lands Act or any other instrument or act by which federal real property may be granted or federal immovables may be conceded; (concession de l’État) department means Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Interpretation Section 2 (a) a department named in Schedule I to the Financial Administration Act, (b) a division or branch of the federal public administration named in Schedule I.1 to that Act, (b.1) a commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act, and (c) a departmental corporation as defined in section 2 of the Financial Administration Act; (ministère) federal immovable means an immovable belonging to Her Majesty, and includes an immovable of which Her Majesty has the power to dispose; (immeuble fédéral) federal real property means any real property belonging to Her Majesty, and includes any real property of which Her Majesty has the power to dispose; (bien réel fédéral) head of mission, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act who represents Canada in that country; (chef de mission) Her Majesty means Her Majesty in right of Canada; (Sa Majesté) immovable means (a) in the Province of Quebec, an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of such an immovable, and (b) in jurisdictions outside Canada, any property that is an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of any such property; (immeuble) interest means (a) in relation to land in any province other than Quebec, any estate, right, title or interest in or to the land, and includes an easement, a servitude and a lease, and (b) in relation to land outside Canada, any estate, right, title or interest that is similar to that referred to in paragraph (a); (intérêt) licence means any right to use or occupy real property or an immovable, other than Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Interpretation Sections 2-5 (a) a real right within the meaning of the civil law of the Province of Quebec and the rights of a lessee under a lease of an immovable, and (b) an interest in land; (permis) Minister, in relation to a department, means the Minister who, under the Financial Administration Act, is the appropriate Minister with respect to that department; (ministre) real property means land in any province other than Quebec, and land outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land, and includes an interest therein. (biens réels) 1991, c. 50, s. 2; 1992, c. 1, s. 157; 1995, c. 5, s. 26; 2001, c. 4, s. 11; 2003, c. 22, s. 224(E); 2013, c. 33, s. 191. Delegation Authorization of officials 3 Any Minister may authorize in writing an officer of the Minister’s department or of any other department, or any head of mission, to exercise on behalf of that Minister any power given by or under this Act to that Minister, including the power to sign an instrument or act. 1991, c. 50, s. 3; 2001, c. 4, s. 12(E). Dispositions, Leases and Licences Prohibition 4 Subject to any other Act, no disposition or lease of federal real property or federal immovables shall be made and no licence shall be given in respect of any such property except in accordance with this Act. 1991, c. 50, s. 4; 2001, c. 4, s. 13. Grants and Concessions Letters patent, etc. 5 (1) Federal real property may be granted and federal immovables may be conceded (a) by letters patent under the Great Seal; or (b) by an instrument of grant or an act of concession, in a form satisfactory to the Minister of Justice, stating that it has the same force and effect as if it were letters patent. Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Grants and Concessions Sections 5-7 If property within Canada (2) Federal real property and federal immovables within Canada may, at the discretion of the Minister of Justice, be granted or conceded, as the case may be, by any instrument or act by which, under the laws in force in the province in which the property is situated, real property and immovables may be transferred by a natural person. If property outside Canada (3) In a jurisdiction outside Canada, federal real property may be granted, and federal immovables may be conceded, by any instrument or act by which, under the laws in force in that jurisdiction, real property and immovables may be transferred. Leases (4) A lease of federal real property or of a federal immovable within Canada may also be granted by an instrument or conceded by an act that is not referred to in subsection (1), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person. Signing instruments and acts (5) An instrument or act referred to in this section granting federal real property or conceding federal immovables, other than letters patent, shall be signed by the Minister having the administration of the property. Countersignature (6) An instrument or act referred to in paragraph (1)(b), or an instrument or act referred to in subsection (2) other than a lease, shall be countersigned by the Minister of Justice. Effect of instrument or act (7) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal. 1991, c. 50, s. 5; 2001, c. 4, s. 15. Execution of licences 6 A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property. 1991, c. 50, s. 6; 2001, c. 4, s. 16. Plans 7 (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Grants and Concessions Sections 7-10 purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property. Execution (2) A plan referred to in subsection (1) relating to any federal real property or federal immovable shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice. 1991, c. 50, s. 7; 2001, c. 4, s. 16. Delivery required 8 (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated. Time of taking effect (2) A grant of federal real property and a concession of federal immovables by letters patent or by an instrument or act referred to in paragraph 5(1)(b) shall take effect in accordance with the provisions of the letters patent, instrument or act or, if there is no provision for its taking effect, shall take effect, (a) where the letters patent are or the instrument or act is delivered on terms or subject to conditions, on their satisfaction or removal; and (b) in any other case, on delivery of the letters patent, instrument or act. 1991, c. 50, s. 8; 2001, c. 4, s. 16. Words of limitation 9 Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument. 1991, c. 50, s. 9; 2001, c. 4, s. 16. Grants or concessions to Her Majesty 10 Her Majesty may grant federal real property and concede federal immovables to Herself. 1991, c. 50, s. 10; 2001, c. 4, s. 16. Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Grants and Concessions Sections 11-14 Transfers of administration and control 11 (1) An instrument transferring administration and control of federal real property or an act transferring administration and control of federal immovables to Her Majesty in any right other than Canada pursuant to regulations made under paragraph 16(2)(e) shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice. Effect of grant, etc. (2) A grant, concession, vesting order or other conveyancing instrument or transfer act in favour of Her Majesty in respect of any real property or immovable belonging to Her Majesty in any right other than Canada results, on its acceptance, in Her Majesty having administration and control of the property. 1991, c. 50, s. 11; 2001, c. 4, s. 16. Restrictions 12 A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of (a) Her Majesty; (b) any person through whom that interest or right was derived; or (c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person. 1991, c. 50, s. 12; 2001, c. 4, s. 16. Application of Other Laws Acquisition under provincial Act 13 Except as expressly authorized by or under an Act of Parliament, no person acquires any federal real property or federal immovable by or under a provincial Act. 1991, c. 50, s. 13; 2001, c. 4, s. 16. No title by prescription 14 No person acquires any federal real property or federal immovable by prescription. 1991, c. 50, s. 14; 2001, c. 4, s. 16. Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Minister of Justice Section 15 Minister of Justice Powers of Minister of Justice 15 (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty, (a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act; (b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute; and (c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys. Regulations (2) The Governor in Council may, on the recommendation of the Minister of Justice and the Treasury Board, make regulations respecting (a) the referral of specified classes of transactions concerning real property or immovables within or outside Canada to the Minister of Justice for settlement and approval of the form and legal content of instruments or acts or for other purposes; and (b) the establishment and operation of a depository for the deposit of copies of instruments and acts relating to federal real property and federal immovables other than instruments and acts issued under the Great Seal. 1991, c. 50, s. 15; 2001, c. 4, s. 16. Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Section 16 Authority for Dispositions, Acquisitions and Administrative Transfers Powers of Governor in Council 16 (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable, (a) authorize the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act; (b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty; (c) authorize the giving or acquisition on behalf of Her Majesty of any licence or the transfer between Ministers of administrative responsibility in relation to any licence acquired by Her Majesty; (d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor; (e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term; (f) accept, on behalf of Her Majesty, the transfer of administration and control of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act; (g) despite any other Act, transfer the administration of federal real property or federal immovables from one Minister to another, from a Minister to an agent corporation or from an agent corporation to a Minister; (h) authorize a grant of any federal real property or concession of any federal immovable to a corporation Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Section 16 that has the administration of the property or to any person designated by that corporation; (i) authorize the grant of any federal real property or the concession of federal immovables by Her Majesty to Herself; (j) dedicate or authorize the dedication of any federal real property or federal immovable for a road, utility, park or other public purpose, either in perpetuity or for any lesser term; or (k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act. Regulations (2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations (a) respecting the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act; (b) respecting the acquisition or lease of real property or immovables on behalf of Her Majesty; (c) respecting the giving and acquisition of licences on behalf of Her Majesty and the transfer between Ministers of administrative responsibility in relation to licences acquired by Her Majesty; (d) respecting the surrender and resiliation of leases of which Her Majesty is the lessee and the relinquishment of licences of which Her Majesty is the licensee, and the acceptance of surrenders and resiliations of leases of which Her Majesty is the lessor and the acceptance of relinquishments of licences of which Her Majesty is the licensor; (e) respecting the transfer to Her Majesty in any right other than Canada, by instrument or act satisfactory to the Minister of Justice, of administration and control of the entire or any lesser interest, or any right, of Her Majesty in federal real property or federal immovables, either in perpetuity or for any lesser term; (f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Section 16 grant, concession, vesting order, other conveyancing instrument or other transfer act; (g) respecting the transfer of the administration of federal real property or federal immovables by one Minister to another, by a Minister to an agent corporation or by an agent corporation to a Minister; (h) respecting the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with transactions authorized under regulations made under this subsection; (i) authorizing the provision of utilities and other services on or from federal real property or federal immovables and the imposition of fees, charges and rates for those services; (j) imposing fees for the provision of copies of maps, plans, field notes, documents, papers and other records pertaining to federal real property or federal immovables, for the preparation of documents evidencing a disposition or lease of federal real property or federal immovables and for the deposit in a department of documents relating to federal real property or federal immovables; (k) establishing a formula for determining the rate of interest to be paid with respect to the purchase money, rent or other consideration for federal real property or federal immovables disposed of, leased, licensed or otherwise dealt with under this Act; and (l) respecting the dedication, in perpetuity or for a lesser term, of any federal real property or federal immovable for a road or utility purpose. Exercise of powers (3) A Minister may authorize in writing any other Minister to exercise on the authorizing Minister’s behalf any power in relation to any transaction or class of transactions that has been or may be authorized under subsection (1) or under regulations made pursuant to subsection (2). Limits and restrictions (4) The Treasury Board may, generally or with respect to any Minister, establish financial or other limits, restrictions or requirements respecting any transaction or class of transactions authorized under regulations made pursuant to subsection (2). Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Sections 16-17 Saving (5) No limit, restriction or requirement established under subsection (4) and no regulation or direction made under section 41 of the Financial Administration Act derogates from the authority of a Minister under this Act to enter into a transaction or affects the validity of a transaction entered into pursuant to such authority. Rent (6) Despite the Financial Administration Act, if a lease of federal real property or federal immovables or a licence in respect of any such property is authorized under this Act, the amount of the rent or other consideration charged for the lease or licence may, subject to the order or regulations by which it is authorized, be less than, equal to or more than the costs borne by Her Majesty in relation to the property. Acquisition of shares (7) Where an acquisition or a lease is authorized under this Act in relation to (a) real property in a condominium project or an immovable under divided co-ownership, (b) real property or an immovable in a co-operative project, or (c) real property or an immovable in any similar project, that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation or similar corporation, to the extent that the acquisition of the share, membership interest or ownership interest is required by, or effected by, the law of the jurisdiction in which the project is situated. 1991, c. 50, s. 16; 1994, c. 26, s. 31; 1999, c. 31, s. 96; 2001, c. 4, s. 18. Territorial lands 17 (1) Despite section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in Nunavut. Yukon and Northwest Territories (1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation. Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Sections 17-18 Administration — Minister of Northern Affairs (2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Northern Affairs has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1). Administration — interest other than fee simple (3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1). 1991, c. 50, s. 17; 1993, c. 28, s. 78; 2001, c. 4, s. 19(F); 2002, c. 7, s. 171; 2014, c. 2, s. 42; 2019, c. 29, s. 367. Administration by Minister 18 (1) Any federal real property or federal immovable acquired or leased for the purposes of a Minister’s department, including any such property acquired by way of a transfer of administration and control from Her Majesty in any right other than Canada, is under the administration of that Minister for the purposes of that department. Administration by Minister (2) Where a Minister has, in relation to a department, by or under any Act or any order of the Governor in Council, the “administration”, “management”, “administration and control”, “control, management and administration”, “management, charge and direction” or another similarly expressed power in relation to any federal real property or federal immovable, that property is under the administration of that Minister for the purposes of that department. Continuity of administration (3) Any federal real property or federal immovable that is under the administration of a Minister for the purposes of a department remains under the administration of that Minister for the purposes of that department until a change of administration is effected under section 16 or on the authority or direction of the Governor in Council. Consequences of administration (4) Where any federal real property or federal immovable is under the administration of a Minister for the purposes of a department, that Minister has the right to the use of that property for the purposes of that department, subject to any conditions or restrictions imposed by or under this or any other Act or any order of the Governor in Council, but is not entitled by reason only of the Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables Authority for Dispositions, Acquisitions and Administrative Transfers Sections 18-19 administration of the property to dispose of it or to retain the proceeds of its use or disposition or the fruits and revenues of its use. For greater certainty (5) For greater certainty, a Minister may have the administration of federal real property or federal immovables for the purposes of any department of which that Minister is the Minister. Signature is evidence (5.1) Despite subsections (1) to (3), if a Minister is satisfied that the federal real property or federal immovable described in an instrument or act referred to in section 5 or 11, a licence referred to in section 6 or a plan referred to in section 7 is under the Minister’s administration, that property is deemed to be under the administration of the Minister and the signature of the Minister on the instrument, act, licence or plan is conclusive evidence that the Minister is so satisfied. Administration by corporation (6) If, by or under any Act or any order of the Governor in Council, a corporation has, by the use of any expression mentioned in subsection (2) or any similar expression, the right to the use of any federal real property or federal immovable, and no Minister has the administration of the property, the corporation has, for the purposes of paragraphs 16(1)(g) and (h) and (2)(g), the administration of that property. 1991, c. 50, s. 18; 1999, c. 31, s. 97; 2001, c. 4, s. 20. General Defence property vested in Her Majesty 19 (1) Such of the real property and immovables mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, continue absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950. Disposition of defence property (2) Until the Governor in Council provides otherwise, federal real property and federal immovables that are declared by the Governor in Council to be necessary for the defence of Canada shall not be disposed of, but the Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables General Sections 19-22 Governor in Council may authorize the lease or other use of any such property as the Governor in Council thinks best for the advantage of Canada. Deeming (3) Lands that on June 1, 1950 were lands in class one under the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, shall be deemed to have been declared by the Governor in Council to be necessary for the defence of Canada. 1991, c. 50, s. 19; 2001, c. 4, s. 21. Grants or concessions to deceased persons not null or void 20 A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person’s lifetime. 1991, c. 50, s. 20; 2001, c. 4, s. 22. Correction of defective grants 21 Where a Crown grant contains a clerical error, misnomer or incorrect or defective description, or where there is in a Crown grant an omission of the conditions of the grant, or where a Crown grant is defective for any other reason, the Minister of Justice may, if there is no adverse claim, direct the defective grant to be cancelled and a correct grant to be issued in lieu thereof, and the correct grant so issued has the same force and effect as if issued on the date of the cancelled grant. 1991, c. 50, s. 21; 2001, c. 4, s. 23(F). Relief from inconsistent transactions 22 (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may (a) order a new grant of federal real property, or a new concession of a federal immovable, of such value as the Governor in Council considers just and equitable, to be made to any person deprived as a result of the error; (b) make a new transfer of administration and control of federal real property, or of federal immovables, of such value as the Governor in Council considers just and equitable, to Her Majesty in any right other than Canada to provide relief from the error; Current to June 20, 2022 Last amended on July 15, 2019 Federal Real Property and Federal Immovables General Sections 22-51 (c) in the case of a sale, lease or licence, order a refund to be made of any money paid on account of the sale, lease or licence, with interest at a rate established in the manner prescribed by the Governor in Council; or (d) where the property was transferred by or from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable to be made to the original holder. Idem (2) No claim shall be made for relief under subsection (1) later than one year after the day on which the person making the claim becomes aware of the error. 1991, c. 50, s. 22; 2001, c. 4, s. 24. Consequential Amendments 23 to 49 [Amendments] Repeal 50 [Repeal] Coming into Force Coming into force 51 This Act shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force September 15, 1992, see SI/92-151.] Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Federal Public Sector Labour Relations Act S.C. 2003, c. 22, s. 2 NOTE [Enacted by section 2 of chapter 22 of the Statutes of Canada, 2003; preamble, sections 1 to 3 and Part 1, in force April 1, 2005, see SI/2005-22; Part 2, other than subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231, in force April 1, 2005, see SI/2005-23; Parts 3 and 4 in force April 1, 2005, see SI/2005-24; subparagraph 209(1)(c)(ii), paragraph 211(b) and section 231 in force December 31, 2005, see SI/2005-123.] Current to June 20, 2022 Last amended on July 29, 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 29, 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 29, 2019 TABLE OF PROVISIONS An Act respecting labour relations in the federal public sector Short Title 1 Short title Interpretation 2 Definitions Descriptive cross- references PART 1 Labour Relations Interpretation 4 Definitions DIVISION 1 Employee Freedoms 5 Employee freedoms DIVISION 2 Management Rights 6 Right of Treasury Board preserved Right of employer preserved 7.1 Right of Commissioner of Royal Canadian Mounted Police preserved DIVISION 3 Consultation Committees and CoDevelopment 8 Consultation committee Meaning of co-development of workplace improvements Co-development of workplace improvements National Joint Council DIVISION 4 Federal Public Sector Labour Relations and Employment Board 12 Administration of Act Adjudication services Mediation services Current to June 20, 2022 Last amended on July 29, 2019 ii Federal Public Sector Labour Relations TABLE OF PROVISIONS Powers Authority to make regulations Scope of orders Review of orders and decisions DIVISION 5 Bargaining Rights Certification of Bargaining Agents Application for Certification 54 Right to apply Agreements for term of two years or less Continuation of terms and conditions Determination of Appropriate Bargaining Units 57 Determination of unit Determination of questions of membership in bargaining units Application Copy to employee organization Objection Decision on objection When no objection filed Managerial or Confidential Positions Certification 64 Conditions for certification Representation vote Where Certification Prohibited 66 Employer participation Effect of Certification 67 Effect of certification Termination of existing collective agreement or arbitral award Rights of previous or new bargaining agent Changes to Certification Review of Bargaining Units 70 Review of structure of bargaining units Managerial or Confidential Positions 71 Application Copy to bargaining agent Objection Decision on objection When no objection filed Current to June 20, 2022 Last amended on July 29, 2019 iv Federal Public Sector Labour Relations TABLE OF PROVISIONS Membership dues Application for revocation of order Decision Successor Rights and Obligations 79 Mergers, amalgamations and transfers of jurisdiction Definitions Continuation of collective agreement or arbitral award Parties may amend Application for certification Power of Board Application for leave to give notice to bargain collectively Application for leave to give notice to bargain collectively Notice to bargain given before conversion Duty to observe terms and conditions Application and notice to bargain Inquiry and votes Consideration of employer’s classification Determination of questions of membership in bargaining units Employer participation Revocation of Certification 94 When employee organization no longer represents employees Taking of representation vote Revocation of certification Certification obtained by fraud Employer participation or discrimination Abandonment of certification Council of employee organizations Effect of revocation Direction DIVISION 6 Choice of Process for Dispute Resolution 103 Choice of process Change of process Current to June 20, 2022 Last amended on July 29, 2019 v Federal Public Sector Labour Relations TABLE OF PROVISIONS DIVISION 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Notice to Bargain Collectively 105 Notice to bargain collectively Effect of Notice 106 Duty to bargain in good faith Duty to observe terms and conditions Mediation 108 Appointment of mediator Collective Bargaining for Two or More Units 109 Negotiation of single collective agreement Two-tier Bargaining 110 Two-tier bargaining Collective Agreements Authority to Enter into Agreement 111 Authority of Treasury Board Authority of separate agency Restriction on Content of Collective Agreement 113 Collective agreement not to require legislative implementation Duration and Effect 114 Agreement is binding When agreement has effect Minimum duration Duty to implement provisions of the collective agreement Amendments 118 Parties may amend DIVISION 8 Essential Services 119 Application of Division Employer determines levels of service Proportion of duties may vary during strike Obligation to negotiate Application to the Board Coming into force of agreement Duration Notice to negotiate amendment Current to June 20, 2022 Last amended on July 29, 2019 v Federal Public Sector Labour Relations TABLE OF PROVISIONS Application to Board Coming into force of amendment Replacement positions Notification of employees Emergency application Duty to observe terms and conditions Extension of time Filing of essential services agreement DIVISION 9 Arbitration Application of Division 135 Application Request for Arbitration 136 Request for arbitration Establishment of Arbitration Board 137 Establishment Constitution Board with single member Board with three members Eligibility Notification of establishment Death, incapacity or resignation of single member Referral to Arbitration 144 Referral to arbitration Duty and Powers 145 Assistance to parties Procedure Powers Making of Arbitral Award 148 Factors to be considered Making of arbitral award Award not to require legislative implementation Decision of majority Form of award Copy sent to parties Duration and Operation of Arbitral Award 154 Binding effect When arbitral award has effect Term of arbitral award Current to June 20, 2022 Last amended on July 29, 2019 vi Federal Public Sector Labour Relations TABLE OF PROVISIONS Implementation 157 Duty to implement provisions of the arbitral award Matters Not Dealt With 158 Reference of matters not dealt with Amendment 159 Amendment DIVISION 10 Conciliation Application of Division 160 Application Request for Conciliation 161 Request for conciliation Establishment of Public Interest Commission 162 Recommendation to establish Chairperson’s initiative Constitution List Commission with single member Commission with three members Eligibility Notification of establishment Death, incapacity or resignation of single member Delivery of notice Powers and Functions 172 Assistance to parties Procedure Powers Factors to be considered Report 176 Report to Chairperson Report not to require legislative implementation Findings and recommendations of majority Reconsideration of matters contained in report Copy of report to be sent to parties Agreement to be bound Alternate Dispute Resolution Process 182 Alternate dispute resolution process Current to June 20, 2022 Last amended on July 29, 2019 vi Federal Public Sector Labour Relations TABLE OF PROVISIONS Vote on Employer’s Offer 183 Minister may order vote to be held DIVISION 11 Strike Votes 184 Secret ballot vote DIVISION 12 Unfair Labour Practices 185 Meaning of unfair labour practice Unfair labour practices — employer Unfair representation by bargaining agent Unfair labour practices — employee organizations Unfair labour practices — persons DIVISION 13 Complaints 190 Complaints Duty and power of the Board Orders DIVISION 14 Prohibitions and Enforcement Acts of Officers and Representatives of Employee Organizations 193 Acts deemed to be those of employee organization Prohibitions Relating to Strikes 194 Declaration or authorization of strike prohibited Non-employees Participation prohibited Right to strike limited during period between Parliaments Declarations and Orders Relating to Strikes 198 Application for declaration that conduct is unlawful Prohibition Relating to Essential Services 199 Obstruction Prohibition Relating to Counselling 199.1 Counselling in respect of peace officer duties Offences and Punishment 200 Persons Employees Current to June 20, 2022 Last amended on July 29, 2019 ix Federal Public Sector Labour Relations TABLE OF PROVISIONS Employee organizations Officers and representatives of employee organizations Employer Consent to prosecution PART 2 Grievances Interpretation 206 Definitions Conflict Management 207 Informal conflict management system Individual Grievances Presentation 208 Right of employee Reference to Adjudication 209 Reference to adjudication 209.1 Reference to adjudication Notice to Canadian Human Rights Commission 210.1 Notice to Accessibility Commissioner Exception Representation 212 Right to be represented by employee organization Right to be represented by employee organization Binding Effect 214 Decision final and binding Group Grievances Presentation 215 Right of bargaining agent Reference to Adjudication 216 Reference to adjudication Notice to Canadian Human Rights Commission Withdrawal from Group Grievance 217.1 Notice to Accessibility Commissioner Right of employee to withdraw Effect of notice Current to June 20, 2022 Last amended on July 29, 2019 x Federal Public Sector Labour Relations TABLE OF PROVISIONS Policy Grievances Presentation 220 Right of employer and bargaining agent Reference to Adjudication 221 Reference to adjudication Notice to Canadian Human Rights Commission Adjudication Notice to Board 222.1 Notice to Accessibility Commissioner Notice Board of Adjudication 224 Constitution Jurisdiction 225 Compliance with procedures Powers 226 Powers of adjudicator Decision 228 Hearing of grievance Decision requiring amendment Determination of reasonableness of opinion Determination of consent requirement Decision in respect of certain policy grievances No review by court Filing of order in Federal Court Expenses of Adjudication 235 Aggrieved employee not represented by agent No Right of Action 236 Disputes relating to employment Regulations 237 Regulations Regulations PART 2.1 Provisions Unique to the Royal Canadian Mounted Police Interpretation 238.01 Definition of RCMP Commissioner 238.02 Inconsistency with Part 1 or 2 Current to June 20, 2022 Last amended on July 29, 2019 x Federal Public Sector Labour Relations TABLE OF PROVISIONS 238.03 Employer’s right preserved 238.04 Duties preserved Unique Role as Police Organization 238.05 Board’s additional duty DIVISION 1 Labour Relations Adjournment of Proceedings 238.06 Prejudice to ongoing investigations or proceedings Law Enforcement, Public Safety and National Security 238.07 Non-disclosure 238.08 Order regarding disclosure 238.09 Protection 238.1 Use of information 238.11 Memorandum of understanding 238.12 Disclosure of information — other legal proceedings Certification of Bargaining Agents 238.13 Right to apply 238.14 Determination of unit 238.15 Limitation 238.16 Limitation Revocation of Certification 238.17 Mandate or affiliation Process for Dispute Resolution 238.18 Arbitration Restriction on Content of Collective Agreement 238.19 Restriction Essential Services, Conciliation and Strike Votes 238.2 Non-application of Divisions 8, 10 and 11 of Part 1 Arbitration 238.21 Arbitral award — additional factor 238.22 Arbitral award — limitations Regulations 238.23 Regulations Current to June 20, 2022 Last amended on July 29, 2019 xi Federal Public Sector Labour Relations TABLE OF PROVISIONS DIVISION 2 Grievances Individual Grievances 238.24 Limited right to grieve 238.25 Limited right to refer to adjudication Adjournment of Proceedings 238.26 Prejudice to ongoing investigations or proceedings Law Enforcement, Public Safety and National Security 238.27 Non-disclosure 238.28 Order regarding disclosure 238.29 Protection 238.3 Use of information 238.31 Memorandum of understanding 238.32 Disclosure of information — other legal proceedings Unique Role as Police Organization 238.33 Consideration Regulations 238.34 Regulations PART 3 Occupational Health and Safety Interpretation 239 Meaning of public service Part II of Canada Labour Code 240 Application to public service PART 4 General Defects in Proceedings 241 Defect in form or irregularity Restriction on Admissibility of Evidence 242 Admissibility Protection 243 Evidence respecting information obtained No disclosure of notes and drafts Criminal or civil proceedings Current to June 20, 2022 Last amended on July 29, 2019 xi Federal Public Sector Labour Relations TABLE OF PROVISIONS Oaths and Solemn Affirmations 246 Oath or solemn affirmation Remuneration and Expenses 247 Remuneration and expenses Witness Fees 248 Payment of witness fees Provision of Facilities and Human Resources 249 Facilities and human resources Application of Safety or Security Provisions 250 Application of safety or security provisions Five-year Review 252 Review Current to June 20, 2022 Last amended on July 29, 2019 xi S.C. 2003, c. 22, s. 2 An Act respecting labour relations in the federal public sector [Assented to 7th November 2003] Preamble Recognizing that the public service labour-management regime must operate in a context where protection of the public interest is paramount; effective labour-management relations represent a cornerstone of good human resource management and that collaborative efforts between the parties, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest; collective bargaining ensures the expression of diverse views for the purpose of establishing terms and conditions of employment; the Government of Canada is committed to fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment; the Government of Canada recognizes that public service bargaining agents represent the interests of employees in collective bargaining and participate in the resolution of workplace issues and rights disputes; commitment from the employer and bargaining agents to mutual respect and harmonious labourmanagement relations is essential to a productive and effective public service; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act Short Title Sections 1-2 Short Title Short title 1 This Act may be cited as the Federal Public Sector Labour Relations Act. 2003, c. 22, s. 2 “1”; 2017, c. 9, s. 2. Interpretation Definitions 2 (1) The following definitions apply in this Act. adjudicator means a person or board of adjudication to whom a grievance is referred under paragraph 223(2)(a), (b) or (c). (arbitre de grief) arbitral award means an award made by an arbitration board in respect of a dispute. (décision arbitrale) arbitration board means a board established under Division 9 of Part 1. (conseil d’arbitrage) bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. (agent négociateur) bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. (unité de négociation) Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission) Chairperson means the Chairperson of the Board. (président) collective agreement means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. (convention collective) core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act. (administration publique centrale) council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act Interpretation Section 2 within the meaning of paragraph (b) of that definition. (regroupement d’organisations syndicales) deputy head means a deputy head referred to in any of paragraphs (a) to (c) of the definition deputy head in subsection 11(1) of the Financial Administration Act. (administrateur général) dispute means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1). (différend) employee, except in Part 2, means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (e) a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature; (f) a person employed on a casual basis; (g) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (h) an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board: (i) mediation and dispute resolution services, (ii) legal services, (iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions; (i) a person who occupies a managerial or confidential position; or Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act Interpretation Section 2 (j) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire) employee organization means (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. (organisation syndicale) employer means Her Majesty in right of Canada as represented by (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act. (employeur) managerial or confidential position means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. (poste de direction ou de confiance) member means a member of the Board, whether fulltime or part-time. (commissaire) membership dues, in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. (cotisations syndicales) Minister means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. (ministre) National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. (Conseil national mixte) Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act Interpretation Section 2 public service, except in Part 3, means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act; (b) the other portions of the federal public administration named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. (fonction publique) RCMP member, except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. (membre de la GRC) reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste) separate agency has the same meaning as in subsection 11(1) of the Financial Administration Act. (organisme distinct) strike includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. (grève) Vice-Chairperson means a Vice-Chairperson of the Board. (vice-président) Employment status preserved (2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the person’s employment contrary to this Act or any other Act of Parliament. Persons who are not employees (3) For greater certainty, a person is not an employee if (a) the person is engaged under section 30 of the Federal Public Sector Labour Relations and Employment Board Act; or (b) the person’s compensation for the performance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act Interpretation Sections 2-4 Casual employment (4) For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act. References to occupants of positions (5) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position. Reference to employee organization (6) Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph. 2003, c. 22, ss. 2 “2”, 243; 2013, c. 40, s. 366; 2014, c. 20, ss. 472, 481; 2017, c. 9, ss. 3, 56. Descriptive cross- references 3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only. PART 1 Labour Relations Interpretation Definitions 4 (1) The following definitions apply in this Part. essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations Interpretation Sections 4-5 necessary for the safety or security of the public or a segment of the public. (services essentiels) essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services; (b) the number of those positions that are necessary for that purpose; and (c) the specific positions that are necessary for that purpose. (entente sur les services essentiels) mediator means a person appointed as a mediator under subsection 108(1). (médiateur) National Joint Council [Repealed, 2017, c. 9, s. 4] parties, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. (parties) public interest commission means a commission established under Division 10. (commission de l’intérêt public) When position is necessary (2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition essential services agreement in subsection (1) includes a position the occupant of which is required, at any time, (a) to perform the duties of the position that relate to the provision of essential services; or (b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer. 2003, c. 22, s. 2 “4”; 2013, c. 40, s. 294; 2017, c. 9, s. 4; 2018, c. 24, s. 1. DIVISION 1 Employee Freedoms Employee freedoms 5 Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 2 Management Rights Sections 6-8 DIVISION 2 Management Rights Right of Treasury Board preserved 6 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act. Right of employer preserved 7 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration. Right of Commissioner of Royal Canadian Mounted Police preserved 7.1 Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective. 2017, c. 9, s. 4.1. DIVISION 3 Consultation Committees and CoDevelopment Consultation committee 8 Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things, (a) harassment in the workplace; and (b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 3 Consultation Committees and Co-Development Sections 9-13 Meaning of co-development of workplace improvements 9 For the purpose of this Division, co-development of workplace improvements means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions. Co-development of workplace improvements 10 The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements. National Joint Council 11 (1) Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on. Facilities and administrative support (2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council. 2003, c. 22, s. 2 “11”; 2014, c. 20, s. 481. DIVISION 4 Federal Public Sector Labour Relations and Employment Board Administration of Act 12 The Board administers this Act and it may exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board. 2003, c. 22, s. 2 “12”; 2013, c. 40, s. 367. Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. 2003, c. 22, s. 2 “13”; 2013, c. 40, ss. 295, 367; 2017, c. 9, s. 5. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 4 Federal Public Sector Labour Relations and Employment Board Sections 14-16 Mediation services 14 The Board is to provide mediation services that consist of (a) assisting parties in the negotiation of collective agreements and their renewal; (b) assisting parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act. 2003, c. 22, s. 2 “14”; 2013, c. 40, s. 367. 15 [Repealed, 2014, c. 20, s. 481] Powers 16 The Board has, in relation to any matter before it, the power to (a) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council; (b) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council; (c) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees; (d) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 4 Federal Public Sector Labour Relations and Employment Board Sections 16-39 (e) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and (f) authorize any person to do anything that the Board may do under paragraphs (a) to (e) and require the person to report to it on what the person has done. 2003, c. 22, s. 2 “16”; 2013, c. 40, ss. 296, 367. 17 [Repealed, 2013, c. 40, s. 367] 18 [Repealed, 2013, c. 40, s. 367] 19 [Repealed, 2013, c. 40, s. 367] 20 [Repealed, 2013, c. 40, s. 367] 21 [Repealed, 2013, c. 40, s. 367] 22 [Repealed, 2013, c. 40, s. 367] 23 [Repealed, 2013, c. 40, s. 367] 24 [Repealed, 2013, c. 40, s. 367] 25 [Repealed, 2013, c. 40, s. 367] 26 [Repealed, 2013, c. 40, s. 367] 27 [Repealed, 2013, c. 40, s. 367] 28 [Repealed, 2013, c. 40, s. 367] 29 [Repealed, 2013, c. 40, s. 367] 30 [Repealed, 2013, c. 40, s. 367] 31 [Repealed, 2013, c. 40, s. 367] 32 [Repealed, 2013, c. 40, s. 367] 33 [Repealed, 2013, c. 40, s. 367] 34 [Repealed, 2013, c. 40, s. 367] 35 [Repealed, 2013, c. 40, s. 367] 36 [Repealed, 2013, c. 40, s. 367] 37 [Repealed, 2013, c. 40, s. 367] 38 [Repealed, 2013, c. 40, s. 367] Authority to make regulations 39 The Board may make regulations concerning Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 4 Federal Public Sector Labour Relations and Employment Board Section 39 (a) the certification of bargaining agents for bargaining units; (b) the determination of units appropriate for collective bargaining; (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications; (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c); (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71; (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations; (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation; (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications; (i) to (k) [Repealed, 2013, c. 40, s. 368] (l) the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received: (i) evidence as to membership of employees in an employee organization, (ii) evidence of objection by employees to certification of an employee organization, and (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; and Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 4 Federal Public Sector Labour Relations and Employment Board Sections 39-53 (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1. 2003, c. 22, s. 2 “39”; 2013, c. 40, ss. 297, 368; 2017, c. 9, s. 6; 2018, c. 24, s. 2. 40 [Repealed, 2013, c. 40, s. 369] 41 [Repealed, 2013, c. 40, s. 369] Scope of orders 42 In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases. Review of orders and decisions 43 (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application. Exception (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made. 44 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 45 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 46 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 47 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 48 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 49 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 50 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 51 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 52 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467] 53 [Repealed, 2013, c. 40, s. 298] Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Sections 54-55 DIVISION 5 Bargaining Rights Certification of Bargaining Agents Application for Certification Right to apply 54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay. 2003, c. 22, s. 2 “54”; 2017, c. 9, s. 7. Agreements for term of two years or less 55 (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term. Agreements for term of more than two years (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only (a) after the commencement of the twenty-third month of its term and before the commencement of the twenty-fifth month of its term; (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or (c) after the commencement of the last two months of its term. Agreements for an indefinite term (3) If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 55-57 bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made (a) at any time permitted by subsection (1) or (2), as the case may be; or (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement. Continuation of terms and conditions 56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until (a) the application has been withdrawn by the employee organization or dismissed by the Board; or (b) 30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit. 2003, c. 22, s. 2 “56”; 2017, c. 9, s. 8. Determination of Appropriate Bargaining Units Determination of unit 57 (1) When an application for certification is made under section 54, the Board must determine the group of employees that constitutes a unit appropriate for collective bargaining. Consideration of employer’s classification (2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (3) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 57-59 included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Composition of bargaining unit (4) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which the application for certification was made. Determination of questions of membership in bargaining units 58 On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit. Managerial or Confidential Positions Application 59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that (a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head; (b) the position is classified by the employer as being in the executive group, by whatever name called; (c) the occupant of the position provides advice on labour relations, staffing or classification; (d) the occupant of the position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada; (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 59-62 (f) the occupant of the position is directly involved in the process of collective bargaining on behalf of the employer; (g) the occupant of the position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; or (h) the occupant of the position has, in relation to labour relations matters, duties and responsibilities confidential to the occupant of a position described in paragraph (b), (c), (d) or (f). Content of application (2) The application must set out every position that the employer considers to be a position referred to in any of paragraphs (1)(a) to (h). 2003, c. 22, ss. 2 “59”, 275; 2017, c. 9, s. 9. Copy to employee organization 60 The employer must provide the employee organization seeking to be certified with a copy of the application. Objection 61 If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 62 (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on employee organization (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 63-64 When no objection filed 63 If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Certification Conditions for certification 64 (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied (a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent; (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent. (1.1) [Repealed, 2017, c. 12, s. 8] Where previous application denied within six months (2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board may not consider a new application for certification from that employee organization in respect of the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application. Membership in council of employee organizations (3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council. 2003, c. 22, s. 2 “64”; 2014, c. 40, s. 9; 2017, c. 9, ss. 10, 70, c. 12, s. 8. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 65-67 Representation vote 65 (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent. Arrangements for vote (2) When the Board orders that a representation vote be taken, it must (a) determine the employees who are eligible to vote; and (b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes. 2003, c. 22, s. 2 “65”; 2014, c. 40, s. 10; 2017, c. 12, s. 9. Where Certification Prohibited Employer participation 66 (1) The Board may not certify an employee organization as a bargaining agent if it is of the opinion that the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit for which it is proposed to be certified. Discrimination (2) The Board may not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Effect of Certification Effect of certification 67 Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects: (a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; (b) the certification of any employee organization that was previously certified as the bargaining agent for Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Certification of Bargaining Agents Sections 67-70 any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; (c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor; (d) the employee organization is deemed to be the bargaining agent for the purposes of section 107; and (e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor. 2003, c. 22, s. 2 “67”; 2013, c. 40, s. 299; 2018, c. 24, s. 3. Termination of existing collective agreement or arbitral award 68 An employee organization that is certified as the bargaining agent for a bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months’ notice to the employer given within one month from the day of certification. Rights of previous or new bargaining agent 69 Any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of paragraph 67(b) or (c) or section 68 must, on application by the employer or the previous or new bargaining agent, be determined by the Board. Changes to Certification Review of Bargaining Units Review of structure of bargaining units 70 (1) If the Board reviews the structure of one or more bargaining units, it must, in determining whether a group of employees constitutes a unit appropriate for collective bargaining, have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Changes to Certification Sections 70-74 Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Limitation (3) Despite subsection (1), the Board is not permitted to review the structure of the bargaining unit determined under section 238.14. 2003, c. 22, s. 2 “70”; 2017, c. 9, s. 11. Managerial or Confidential Positions Application 71 (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h). Content of application (2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 59(1)(a) to (h). Copy to bargaining agent 72 The employer must provide the bargaining agent with a copy of the application. Objection 73 If the bargaining agent considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 74 (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Changes to Certification Sections 74-77 Burden of proof on bargaining agent (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the bargaining agent. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer. When no objection filed 75 If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Membership dues 76 (1) If an objection is filed under section 73, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be. Remission of dues to occupant of position (2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates. Remission of dues to bargaining agent (3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent. Application for revocation of order 77 (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position. Copy to employer (2) The bargaining agent must provide the employer with a copy of the application. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Changes to Certification Sections 78-80 Decision 78 (1) If an application is made under section 77, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is no longer a managerial or confidential position is on the bargaining agent. Successor Rights and Obligations Mergers, amalgamations and transfers of jurisdiction 79 (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise. Board to determine questions (2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained. Inquiry and votes (3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 65(2) apply in relation to the taking of the vote. 2003, c. 22, s. 2 “79”; 2013, c. 40, s. 300; 2017, c. 9, s. 12; 2018, c. 24, s. 4. Definitions 80 The following definitions apply in this section and sections 81 to 93. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Successor Rights and Obligations Sections 80-84 conversion means the establishment as a separate agency, or the integration into a separate agency, of any portion, or part of a portion, of the core public administration. (conversion) new separate agency means a separate agency established as a result of a conversion or into which is integrated any portion, or part of a portion, of the core public administration as the result of a conversion. (nouvel organisme distinct) Continuation of collective agreement or arbitral award 81 Subject to sections 83 to 93, a collective agreement or arbitral award that applies to employees in any portion, or part of a portion, of the core public administration before its conversion continues in force after the conversion, and binds the new separate agency, until its term expires. Parties may amend 82 Nothing in section 81 prohibits the new separate agency and the bargaining agent from amending any provision of a collective agreement, other than a provision relating to its term. Application for certification 83 An employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force by section 81, but it may do so only during the period in which an application for certification is authorized to be made under section 55 in respect of those employees. Power of Board 84 (1) Whenever a collective agreement or arbitral award is continued in force by section 81, the Board must, by order, on application by the new separate agency or any bargaining agent affected by the conversion, (a) determine whether the employees of the new separate agency who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining; (b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and (c) in respect of each collective agreement or arbitral award that binds employees of the new separate agency, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Successor Rights and Obligations Sections 84-88 in force, determine whether it is to remain in force until the expiration of its term or until any earlier date that the Board may fix. When application may be made (2) The application may be made only during the period beginning 120 days and ending 150 days after the conversion date. Application for leave to give notice to bargain collectively 85 (1) Either party to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 84(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application must be made within 90 days after the day on which the order is made. Application for leave to give notice to bargain collectively 86 (1) If no application for an order under subsection 84(1) is made within the period specified in subsection 84(2), the new separate agency or any bargaining agent bound by a collective agreement or arbitral award that is continued in force by section 81 may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application may be made only during the period beginning 151 days and ending 240 days after the date of the conversion. Notice to bargain given before conversion 87 A notice to bargain collectively that was given before a conversion does not bind the new separate agency and a new notice to bargain collectively may be given only in the circumstances described in paragraph 89(b). Duty to observe terms and conditions 88 If a notice to bargain collectively was given before a conversion, then, unless the new separate agency and the bargaining agent agree otherwise, the terms and conditions of employment continued in force by section 107 are binding on the new separate agency, the bargaining Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Successor Rights and Obligations Sections 88-91 agent for the bargaining unit and the employees in the bargaining unit from the date of the conversion until (a) the expiry of 150 days following the date of the conversion, if no application is made under paragraph 89(a); or (b) if such an application is made, the day the notice referred to in paragraph 89(b) is given. Application and notice to bargain 89 If a notice to bargain collectively was given before a conversion, (a) on application by the new separate agency or bargaining agent, made during the period beginning 120 days, and ending 150 days, after the date of the conversion, the Board must make an order determining (i) whether the employees of the new separate agency who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and (b) if the Board makes the determinations under paragraph (a), the new separate agency or the bargaining agent may, by notice given under section 105, require the other to commence collective bargaining for the purpose of entering into a collective agreement. Inquiry and votes 90 Before making an order under subsection 84(1) or paragraph 89(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. The provisions of subsection 65(2) apply in relation to the taking of a vote. Consideration of employer’s classification 91 (1) For the purposes of paragraphs 84(1)(a) and 89(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Successor Rights and Obligations Sections 91-94 permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Determination of questions of membership in bargaining units 92 On application by the new separate agency or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 84(1)(a) or 89(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit. Employer participation 93 (1) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it is of the opinion that the new separate agency, or a person acting on behalf of the new separate agency, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit. Discrimination (2) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Revocation of Certification When employee organization no longer represents employees 94 (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit. When application may be made (2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 55 in respect of employees in the bargaining unit. 2003, c. 22, s. 2 “94”; 2014, c. 40, s. 11; 2017, c. 12, s. 10. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Revocation of Certification Sections 95-100 Taking of representation vote 95 After the application is made, the Board may order that a representation vote be taken to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit. The provisions of subsection 65(2) apply in relation to the taking of the vote. 2003, c. 22, s. 2 “95”; 2014, c. 40, s. 12; 2017, c. 12, s. 11. Revocation of certification 96 If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent. 2003, c. 22, s. 2 “96”; 2014, c. 40, s. 12; 2017, c. 12, s. 11. Certification obtained by fraud 97 The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud. Employer participation or discrimination 98 The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that (a) the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit; or (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Abandonment of certification 99 The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent. Council of employee organizations 100 (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 5 Bargaining Rights Revocation of Certification Sections 100-102 application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations. Additional circumstances (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17. 2003, c. 22, s. 2 “100”; 2017, c. 9, s. 13. Effect of revocation 101 (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects: (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force; (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated; and (c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force. Determination of rights of bargaining agent (2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization. 2003, c. 22, s. 2 “101”; 2013, c. 40, s. 301; 2017, c. 9, s. 14; 2018, c. 24, s. 5. Direction 102 If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization’s certification as the bargaining agent for a bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 6 Choice of Process for Dispute Resolution Sections 103-104 DIVISION 6 Choice of Process for Dispute Resolution Choice of process 103 (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party. Recording of process (2) The Board must record the process chosen by the bargaining agent for the resolution of disputes. Period during which process to apply (3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104. 2003, c. 22, s. 2 “103”; 2013, c. 40, s. 302; 2018, c. 24, s. 6. Change of process 104 (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change. Recording of change (2) On receiving the application, the Board must record the change of process. Effective date and duration (3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section. 2003, c. 22, s. 2 “104”; 2013, c. 40, s. 302; 2018, c. 24, s. 6. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 7 Collective Bargaining and Collective Agreements Sections 105-106 DIVISION 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Notice to Bargain Collectively Notice to bargain collectively 105 (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement. When notice may be given (2) The notice to bargain collectively may be given (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force. (2.1) [Repealed, 2018, c. 24, s. 7] Copy of notice to Board (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board. 2003, c. 22, s. 2 “105”; 2013, c. 40, s. 303; 2018, c. 24, s. 7. Effect of Notice Duty to bargain in good faith 106 After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Sections 106-109 (b) make every reasonable effort to enter into a collective agreement. Duty to observe terms and conditions 107 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1). 2003, c. 22, s. 2 “107”; 2013, c. 40, s. 304; 2018, c. 24, s. 8. Mediation Appointment of mediator 108 (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give. Recommendations (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute. Collective Bargaining for Two or More Units Negotiation of single collective agreement 109 (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units. Election not changeable (2) If made, the election may not be changed until the single collective agreement is entered into. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 7 Collective Bargaining and Collective Agreements Negotiation of Collective Agreements Sections 110-112 Two-tier Bargaining Two-tier bargaining 110 (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration. More than one department or portion (2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining. Duty to bargain in good faith (3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question. Collective Agreements Authority to Enter into Agreement Authority of Treasury Board 111 The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act, enter into a collective agreement with the bargaining agent for a bargaining unit, other than a bargaining unit composed of employees of a separate agency. Authority of separate agency 112 A separate agency may, with the approval of the Governor in Council, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the separate agency. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 7 Collective Bargaining and Collective Agreements Collective Agreements Sections 113-116 Restriction on Content of Collective Agreement Collective agreement not to require legislative implementation 113 A collective agreement that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act. 2003, c. 22, s. 2 “113”; 2017, c. 9, s. 15. Duration and Effect Agreement is binding 114 Subject to and for the purposes of this Part and Division 1 of Part 2.1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. 2003, c. 22, s. 2 “114”; 2017, c. 9, s. 16. When agreement has effect 115 A collective agreement has effect in respect of a bargaining unit as of (a) the effective date specified in it; or (b) if no effective date is specified, the first day of the month after the month in which the agreement is signed. Minimum duration 116 A collective agreement is deemed to have effect for one year, unless a longer period is specified in the collective agreement. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 7 Collective Bargaining and Collective Agreements Collective Agreements Sections 117-121 Duty to implement provisions of the collective agreement 117 Subject to the appropriation by or under the authority of Parliament of money that may be required by the employer, the parties must implement the provisions of a collective agreement (a) within the period specified in the collective agreement for that purpose; or (b) if no such period is specified in the collective agreement, within 90 days after the date it is signed or any longer period that the parties may agree to or that the Board, on application by either party, may set. Amendments Parties may amend 118 Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term. DIVISION 8 Essential Services Application of Division 119 This Division applies to the employer and the bargaining agent for a bargaining unit when the process for the resolution of a dispute applicable to the bargaining unit is conciliation. 2003, c. 22, s. 2 “119”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Employer determines levels of service 120 The employer has the exclusive right to determine the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Nothing in this Division is to be construed as limiting that right. 2003, c. 22, s. 2 “120”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Proportion of duties may vary during strike 121 (1) For the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, the employer and the bargaining agent may agree that some employees in the bargaining unit will be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Sections 121-123 Determination of number of necessary employees (2) For the purposes of subsection (1), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. 2003, c. 22, s. 2 “121”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Obligation to negotiate 122 (1) If the employer has given to the bargaining agent a notice in writing that the employer considers that employees in the bargaining unit occupy positions that are necessary for the employer to provide essential services, the employer and the bargaining agent must make every reasonable effort to enter into an essential services agreement as soon as feasible. Timing (2) The notice may be given at any time but not later than 20 days after the day a notice to bargain collectively is given. 2003, c. 22, s. 2 “122”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Application to the Board 123 (1) If the employer and the bargaining agent are unable to enter into an essential services agreement, either of them may apply to the Board to determine any unresolved matter that may be included in an essential services agreement. The application may be made at any time but not later than (a) 15 days after the day a request for conciliation is made by either party; or (b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission. Delay (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to enter into an essential services agreement. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Section 123 Powers of Board (3) After considering the application, the Board may determine any matter that the employer and the bargaining agent have not agreed on that may be included in an essential services agreement and make an order (a) deeming the matter determined by it to be part of an essential services agreement between the employer and the bargaining agent; and (b) deeming that the employer and the bargaining agent have entered into an essential services agreement. Restriction (4) The order must not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Proportion of duties may vary during strike (5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform those of their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Determination of number of necessary employees (6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. Application relating to specific position (7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Sections 123-127 of the type necessary for the employer to provide essential services. 2003, c. 22, s. 2 “123”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Coming into force of agreement 124 The essential services agreement comes into force on the day it is signed by the parties or, in the case of an essential services agreement that the employer and the bargaining agent are deemed to have entered into by an order made under paragraph 123(3)(b), the day the order was made. 2003, c. 22, s. 2 “124”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Duration 125 An essential services agreement continues in force until the parties jointly determine that there are no employees in the bargaining unit who occupy positions that are necessary for the employer to provide essential services. 2003, c. 22, s. 2 “125”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Notice to negotiate amendment 126 (1) If a party to an essential services agreement gives a notice in writing to the other party that the party giving the notice seeks to amend the essential services agreement, the parties must make every reasonable effort to amend it as soon as feasible. Timing (2) If a collective agreement or arbitral award is in force, the notice may be given at any time except that, if a notice to bargain collectively has been given with a view to renewing or revising the collective agreement, the notice may only be given during the 60 days following the day the notice to bargain collectively was given. 2003, c. 22, s. 2 “126”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Application to Board 127 (1) If the employer and the bargaining agent are unable to amend the essential services agreement, either of them may apply to the Board to amend the essential services agreement. The application may be made at any time but not later than (a) 15 days after the day a request for conciliation is made by either party; or (b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Section 127 Delay (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to amend the essential services agreement. Amendment by Board (3) The Board may, by order, amend the essential services agreement if it considers that the amendment is necessary for the employer to provide essential services. Restriction (4) The order must not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Proportion of duties may vary during strike (5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Determination of number of necessary employees (6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. Application relating to specific position (7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services. 2003, c. 22, s. 2 “127”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Sections 128-131 Coming into force of amendment 128 An amendment to an essential services agreement comes into force on the day the agreement containing the amendment is signed by the parties or, in the case of an amendment made by order of the Board under subsection 127(3), the day the order was made. 2003, c. 22, s. 2 “128”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Replacement positions 129 (1) If, at any time while an essential services agreement is in force, a position identified in it becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must file a notice of replacement with the Board and provide a copy to the bargaining agent. Effect of notice (2) On the filing of the notice, the replacement position is deemed to be a position identified in the essential services agreement and the position it replaced is deemed to be no longer identified. 2003, c. 22, s. 2 “129”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Notification of employees 130 (1) The employer must provide every employee who occupies a position that has been identified in an essential services agreement as being a position that is necessary for the employer to provide essential services with a notice informing the employee that the employee occupies such a position. Notification of change (2) A notice given under this section remains valid so long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by the employee is no longer necessary for the employer to provide essential services. 2003, c. 22, s. 2 “130”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Emergency application 131 Despite any provision in this Division, if either the employer or the bargaining agent is of the opinion that a temporary amendment to an essential services agreement, or its suspension, is necessary because of an emergency but the parties are unable to agree to do so, either of them may, at any time, apply to the Board for an order temporarily amending, or suspending, the agreement. 2003, c. 22, s. 2 “131”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 8 Essential Services Sections 132-136 Duty to observe terms and conditions 132 Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day the notice is given remains in force in respect of any employee who occupies a position that is identified in an essential services agreement and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into. 2003, c. 22, s. 2 “132”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Extension of time 133 The Board may, on the application of either party, extend any period referred to in this Division. 2003, c. 22, s. 2 “133”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. Filing of essential services agreement 134 Either party to an essential services agreement may file a copy of it with the Board. When filed, it has the same effect as an order of the Board. 2003, c. 22, s. 2 “134”; 2013, c. 40, s. 305; 2018, c. 24, s. 9. DIVISION 9 Arbitration Application of Division Application 135 This Division applies to the employer and the bargaining agent for a bargaining unit whenever (a) the process for the resolution of a dispute applicable to the bargaining unit is arbitration; and (b) the parties have bargained in good faith with a view to entering into a collective agreement but are unable to reach agreement on a term or condition of employment that may be included in an arbitral award. 2003, c. 22, s. 2 “135”; 2013, c. 40, s. 306(F). Request for Arbitration Request for arbitration 136 (1) Either party may, by notice in writing to the Chairperson, request arbitration in respect of any term or condition of employment that may be included in an arbitral award. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Request for Arbitration Sections 136-137 When request may be made (2) The request may be made (a) at any time, if the parties have not entered into a collective agreement and no request for arbitration has been made by either party since the commencement of the bargaining; or (b) not later than seven days after a collective agreement is entered into by the parties, in any other case. Contents of notice (3) The party requesting arbitration must (a) specify in the notice every term or condition of employment in respect of which it requests arbitration and its proposals concerning the award to be made in respect of that term or condition; and (b) annex to the notice a copy of the most recent collective agreement entered into by the parties. Notice to other party (4) On receiving the notice, the Chairperson must send a copy to the other party. Request for arbitration of additional matters (5) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request arbitration in respect of any other term or condition of employment that may be included in an arbitral award and that remained in dispute when the first request for arbitration was made. Notice to include proposal (6) The party making the request under subsection (5) must specify in the notice its proposal concerning the award to be made in respect of every term or condition of employment in respect of which it requests arbitration. Establishment of Arbitration Board Establishment 137 (1) On receiving a request for arbitration, the Chairperson must establish an arbitration board for arbitration of the matters in dispute. Delay (2) The Chairperson may delay establishing an arbitration board until he or she is satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Establishment of Arbitration Board Sections 138-141 Constitution 138 The arbitration board consists of either a single member or three members, appointed in accordance with section 139 or 140, as the case may be. Board with single member 139 If the parties jointly recommend the appointment of a person to be an arbitration board consisting of a single member, the Chairperson must appoint the person to be the arbitration board. Board with three members 140 (1) If either party requests that an arbitration board consisting of three members be established, the Chairperson must, by notice, require each of the parties, within seven days after receipt of the notice, to nominate a person to be a member of the arbitration board, and on receipt of the nominations, the Chairperson must appoint the nominated persons as members of the arbitration board. Failure to nominate (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must appoint as a member of the arbitration board a person whom he or she considers suitable, and that person is deemed to have been appointed on the nomination of that party. Appointment of chairperson nominated by parties (3) Within five days after the day on which the second member is appointed, the two members must nominate a third person who is eligible for appointment and ready and willing to act, to be chairperson and third member of the arbitration board, and the Chairperson must appoint that person as the chairperson and third member of the arbitration board. Failure to nominate (4) If the two members fail to make a nomination under subsection (3) or they nominate a person who is not eligible for appointment, the Chairperson must, without delay, appoint as the chairperson and third member of the arbitration board a person whom he or she considers suitable. Eligibility 141 No person may act as a member of an arbitration board in respect of a matter referred to arbitration if the person has, at any time during the six months before the person’s date of appointment, acted in respect of any Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Establishment of Arbitration Board Sections 141-144 matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to arbitration. Notification of establishment 142 (1) The Chairperson must, without delay, notify the parties of the establishment of the arbitration board and of the name or names of its member or members, as the case may be. Effect of notification (2) The notification constitutes conclusive proof that the arbitration board has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the board or to review, prohibit or restrain any of its proceedings. Death, incapacity or resignation of single member 143 (1) In the event of the death, incapacity or resignation of the member of an arbitration board that consists of a single member before the arbitration board makes an arbitral award, the Chairperson must appoint another person in accordance with section 139. That person must recommence the arbitration proceedings from the beginning. Vacancy — board with three members (2) If a vacancy occurs in the membership of an arbitration board that consists of three members before the arbitration board makes an arbitral award, the vacancy must be filled by the Chairperson by appointment in the manner provided in section 140 for the selection of the person in respect of whom the vacancy arose. Referral to Arbitration Referral to arbitration 144 (1) Subject to sections 150 and 238.22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board. Subsequent agreement (2) If, before an arbitral award is made, the parties reach agreement on any matter in dispute that is referred to arbitration and enter into a collective agreement in respect of that matter, that matter is deemed not to have been referred to the arbitration board and no arbitral award may be made in respect of it. 2003, c. 22, s. 2 “144”; 2017, c. 9, s. 17. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Duty and Powers Sections 145-148 Duty and Powers Assistance to parties 145 As soon as possible after being established, the arbitration board must endeavour to assist the parties to the dispute in entering into or revising a collective agreement. Procedure 146 (1) Except as otherwise provided in this Part, the arbitration board may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations. Quorum and absence of members (2) The chairperson of the arbitration board and one other member constitute a quorum in the case of an arbitration board consisting of three members but, in the absence of a member at any proceedings of the board, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings. Powers 147 (1) The arbitration board has all the powers of the Board set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(a) and (d) to (f) of the Federal Public Sector Labour Relations and Employment Board Act. Delegation (2) The arbitration board may authorize any person to exercise any of its powers set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act, and require that person to report to it on the exercise of those powers. 2003, c. 22, s. 2 “147”; 2013, c. 40, s. 371; 2017, c. 9, s. 56. Making of Arbitral Award Factors to be considered 148 In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the following factors, in addition to any other factors that it considers relevant: (a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; (b) the necessity of offering compensation and other terms and conditions of employment in the public Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Making of Arbitral Award Sections 148-150 service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant; (c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances. 2003, c. 22, s. 2 “148”; 2013, c. 40, s. 307; 2018, c. 24, s. 10. Making of arbitral award 149 (1) The arbitration board must make an arbitral award as soon as feasible in respect of all the matters in dispute that are referred to it. (1.1) [Repealed, 2018, c. 24, s. 11] Award to be signed (2) The arbitral award must be signed by the chairperson of the arbitration board, or by the single member, as the case may be, and a copy must be sent to the Chairperson. 2003, c. 22, s. 2 “149”; 2013, c. 40, s. 309; 2018, c. 24, s. 11. Award not to require legislative implementation 150 (1) An arbitral award that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; (c) the term or condition relates to standards, procedures or processes governing the appointment, Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Making of Arbitral Award Sections 150-153 appraisal, promotion, deployment, rejection on probation or lay-off of employees; (d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct; or (e) doing so would affect the organization of the public service or the assignment of duties to, and the classification of, positions and persons employed in the public service. Matters not negotiated (2) The arbitral award may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before arbitration was requested. 2003, c. 22, s. 2 “150”; 2017, c. 9, s. 18. Decision of majority 151 (1) If the arbitration board consists of three members, a decision of a majority of the members in respect of the matters in dispute is a decision of the board on those matters and is the arbitral award in respect of those matters. Decision where majority cannot agree (2) If a majority of members of the arbitration board cannot agree in respect of the matters in dispute, the decision of the chairperson of the board is the arbitral award in respect of those matters. Form of award 152 The form of the arbitral award must, wherever possible, permit the award to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the arbitral award. Copy sent to parties 153 On receipt of a copy of the arbitral award, the Chairperson must, without delay, send a copy to the parties and may cause the award to be published in any manner that the Chairperson considers appropriate. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Duration and Operation of Arbitral Award Sections 154-156 Duration and Operation of Arbitral Award Binding effect 154 Subject to and for the purposes of this Part and Division 1 of Part 2.1, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. 2003, c. 22, s. 2 “154”; 2017, c. 9, s. 19. When arbitral award has effect 155 (1) The arbitral award has effect as of the day on which it is made or, subject to subsection (2), any earlier or later day that the arbitration board may determine. Limitation on retroactive effect (2) The arbitral award or any of its parts may be given retroactive effect, but not earlier than the day notice to bargain collectively was given. Effect on previous collective agreement or award (3) If a provision of an arbitral award is to have retroactive effect, the provision displaces, for the retroactive period specified in the arbitral award, any term or condition of any previous collective agreement or arbitral award with which it is in conflict. Term of arbitral award 156 (1) The arbitration board must determine the term of the arbitral award and set it out in the arbitral award. Factors (2) In determining the term of an arbitral award, the arbitration board must take the following into account: (a) if a collective agreement applicable to the bargaining unit is in force or has been entered into but is not yet in force, the term of that collective agreement; or (b) if no collective agreement applying to the bargaining unit has been entered into, (i) the term of any previous collective agreement that applied to the bargaining unit, or Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 9 Arbitration Duration and Operation of Arbitral Award Sections 156-159 (ii) the term of any other collective agreement that it considers relevant. Limitation on term (3) An arbitral award may not be for a term of less than one year or more than two years from the day on which it becomes binding on the parties, unless the arbitration board determines otherwise in any case where paragraph (2)(a) or (b) applies. Implementation Duty to implement provisions of the arbitral award 157 Subject to the appropriation by or under the authority of Parliament of any money that may be required by the employer, the parties must implement the provisions of the arbitral award within 90 days after the day on which the award becomes binding on them or within any longer period that the parties may agree to or that the Board, on application by either party, may set. Matters Not Dealt With Reference of matters not dealt with 158 Any party that considers that the arbitration board has failed to deal with a matter in dispute that was referred to arbitration may, within seven days after the day on which the arbitral award is made, refer the matter back to the arbitration board which must then deal with it. 158.1 [Repealed, 2018, c. 24, s. 12] Amendment Amendment 159 The Board may, on the joint application of both parties to whom an arbitral award applies, amend any provision of the arbitral award if it considers that the amendment is warranted having regard to circumstances that have arisen since the making of the arbitral award, or of which the arbitration board did not have notice when the award was made, or to any other circumstances that the Board considers relevant. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Sections 160-161 DIVISION 10 Conciliation Application of Division Application 160 This Division applies to the employer and the bargaining agent for a bargaining unit whenever (a) the process for the resolution of a dispute applicable to the bargaining unit is conciliation; and (b) the parties have bargained in good faith with a view to entering into a collective agreement, but are unable to reach agreement on a term or condition of employment that may be included in a collective agreement. 2003, c. 22, s. 2 “160”; 2013, c. 40, s. 311(F). Request for Conciliation Request for conciliation 161 (1) Either party may, by notice in writing to the Chairperson, request conciliation in respect of any term or condition of employment that may be included in a collective agreement. Contents of notice (2) The party requesting conciliation must (a) specify in the notice the terms or conditions of employment in respect of which it requests conciliation, and its proposals concerning the report to be made in respect of that term or condition; and (b) annex to the notice a copy of the most recent collective agreement entered into by the parties. Notice to other party (3) On receiving the notice, the Chairperson must send a copy to the other party. Request for conciliation of additional matters (4) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request conciliation in respect of any other term or condition of employment that may be included in a collective agreement and that remained in dispute when the first request for conciliation was made. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Request for Conciliation Sections 161-164 Notice to include proposal (5) The party making the request under subsection (4) must specify in the notice its proposal concerning the report to be made in respect of the term or condition of employment in respect of which it requests conciliation. Establishment of Public Interest Commission Recommendation to establish 162 (1) Subject to subsection (3), on receiving a request for conciliation, the Chairperson must recommend to the Minister that a public interest commission be established for conciliation of the matters in dispute. Delay (2) The Chairperson may delay recommending the establishment of a public interest commission until satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute. Refusal (3) If the Chairperson considers, after consultation with each of the parties, that the establishment of a public interest commission is unlikely to assist them in reaching agreement, the Chairperson must, without delay, notify the parties in writing that he or she will not recommend the establishment of such a commission. Chairperson’s initiative 163 (1) The Chairperson may, on his or her own initiative, recommend to the Minister that a public interest commission be established for the conciliation of a dispute if he or she considers that establishing one might assist the parties in reaching agreement and that the parties are unlikely to reach agreement otherwise. Notice (2) Before acting under subsection (1), the Chairperson must notify the parties of his or her intention to do so. Constitution 164 (1) The public interest commission consists of either a single member appointed in accordance with section 166 or, subject to subsection (2), three members, appointed in accordance with section 167. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Establishment of Public Interest Commission Sections 164-167 Request for commission of three members (2) The public interest commission is to consist of three members only if one of the parties requests it. 2003, c. 22, s. 2 “164”; 2013, c. 40, s. 312; 2018, c. 24, s. 13. List 165 (1) For the purposes of sections 166 and 167, the Chairperson must, after consultation with the parties, prepare a list of names of persons who could be selected to act as a public interest commission that consists of a single member, or as the chairperson of a public interest commission that consists of three members. Contents (2) The list must set out (a) the names of all eligible persons jointly recommended by the parties; and (b) if the Chairperson is of the opinion that the parties have not jointly recommended a sufficient number of persons, the names of any other eligible persons whom the Chairperson considers suitable. 2003, c. 22, s. 2 “165”; 2013, c. 40, s. 313; 2018, c. 24, s. 14. Commission with single member 166 (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend the appointment of a particular person named in the list. Appointment (2) After receiving the list, the Minister must, without delay, appoint a person named in the list. 2003, c. 22, s. 2 “166”; 2013, c. 40, s. 313; 2018, c. 24, s. 14. Commission with three members 167 (1) If either party requests that the public interest commission consist of three members, the Chairperson must, by notice, require each of the parties, within seven days of its receipt, to nominate a person to be a member of the commission, and on receipt of the nominations, the Chairperson must recommend to the Minister the appointment of the nominated persons as members of the commission. The Minister must appoint those persons without delay. Failure to nominate (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must recommend to the Minister the appointment as a Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Establishment of Public Interest Commission Sections 167-169 member of the public interest commission of a person whom he or she considers suitable. The Minister must appoint the person without delay and that person is deemed to have been appointed on the nomination of that party. Appointment of chairperson nominated by parties (3) Within five days after the day on which the second member is appointed, the two members must nominate to be chairperson and third member of the public interest commission a person from the list prepared under subsection 165(1), and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person without delay as chairperson and third member of the commission. Failure to nominate (4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend to the Minister the appointment of a particular person named in the list as the chairperson and third member of the public interest commission. Appointment (5) After receiving the list, the Minister must, without delay, appoint a person named in the list as the chairperson and third member of the public interest commission. 2003, c. 22, s. 2 “167”; 2013, c. 40, s. 314; 2018, c. 24, s. 15. Eligibility 168 No person may act as a member of the public interest commission in respect of a matter referred to conciliation if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to conciliation. Notification of establishment 169 (1) The Chairperson must, without delay, notify the parties of the establishment of the public interest commission and of the name or names of its member or members, as the case may be. Effect of notification (2) The notification constitutes conclusive proof that the public interest commission has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Establishment of Public Interest Commission Sections 169-173 of the commission or to review, prohibit or restrain any of its proceedings. Death, incapacity or resignation of single member 170 (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning. Vacancy — commission with three members (2) If a vacancy occurs in the membership of a public interest commission that consists of three members before the commission makes a report to the Chairperson, the vacancy must be filled by the Minister, on the recommendation of the Chairperson, by appointment in the manner provided for in section 167 for the selection of the person in respect of whom the vacancy arose. 2003, c. 22, s. 2 “170”; 2013, c. 40, s. 315; 2018, c. 24, s. 16. Delivery of notice 171 After a public interest commission is established, the Chairperson must, without delay, deliver to it a copy of the notice given under subsection 161(1), if one was given. Powers and Functions Assistance to parties 172 As soon as possible after being established, the public interest commission must endeavour to assist the parties to the dispute in entering into or revising a collective agreement. Procedure 173 (1) Except as otherwise provided in this Part, the public interest commission may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations. Quorum and absence of members (2) The chairperson of the public interest commission and one other member constitute a quorum in the case of a commission consisting of three members but, in the absence of a member at any proceedings of the commission, the other members may not proceed unless the absent Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Powers and Functions Sections 173-175 member has been given reasonable notice of the proceedings. Powers 174 (1) The public interest commission has all the powers of the Board set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(a) and (d) to (f) of the Federal Public Sector Labour Relations and Employment Board Act. Delegation (2) The public interest commission may authorize any person to exercise any of its powers set out in paragraphs 16(c) and (d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act, and require that person to report to it on the exercise of those powers. 2003, c. 22, s. 2 “174”; 2013, c. 40, s. 372; 2017, c. 9, s. 56. Factors to be considered 175 In the conduct of its proceedings and in making a report to the Chairperson, the public interest commission must take into account the following factors, in addition to any other factors that it considers relevant: (a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; (b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the public interest commission considers relevant; (c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances. 2003, c. 22, s. 2 “175”; 2013, c. 40, s. 316; 2018, c. 24, s. 17. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Report Sections 176-178 Report Report to Chairperson 176 (1) The public interest commission must submit a report to the Chairperson as to its success or failure in assisting the parties to the dispute and as to its findings and recommendations within 30 days after it is established, or within any longer period that may be agreed on by the parties or determined by the Chairperson. (1.1) and (1.2) [Repealed, 2018, c. 24, s. 18] Report to be signed (2) The report must be signed by the chairperson of the public interest commission, or by the single member, as the case may be. 2003, c. 22, s. 2 “176”; 2013, c. 40, s. 317; 2018, c. 24, s. 18. Report not to require legislative implementation 177 (1) The report may not, directly or indirectly, recommend the alteration or elimination of any existing term or condition of employment, or the establishment of any new term or condition of employment, if (a) the alteration, elimination or establishment would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for implementation; (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; (c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; or (d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct. Matters not negotiated (2) The report of the public interest commission may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before conciliation was requested. Findings and recommendations of majority 178 (1) If the public interest commission consists of three members, the findings and recommendations of a Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Report Sections 178-182 majority of the members in respect of the matters in dispute are deemed to be those of the commission. Findings and recommendations when majority cannot agree (2) If a majority of members of the public interest commission cannot agree in respect of the commission’s findings and recommendations, the findings and recommendations of the chairperson of the commission in respect of the matters in dispute are deemed to be those of the commission. Reconsideration of matters contained in report 179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report. 2003, c. 22, s. 2 “179”; 2013, c. 40, s. 318; 2018, c. 24, s. 19. Copy of report to be sent to parties 180 The Chairperson must, as soon as possible after receiving the report or, if the Chairperson makes a direction under section 179, as soon as possible after receiving the reconsidered report, send a copy to the parties and cause the report, or the reconsidered report, as the case may be, to be published in any manner that he or she considers appropriate. Agreement to be bound 181 If, before the public interest commission submits its report to the Chairperson, the parties agree in writing that one or more recommendations to be made by the public interest commission in the report are to be binding on them, each such recommendation, once made, is binding on them and must be given effect. Alternate Dispute Resolution Process Alternate dispute resolution process 182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. Alternate process applicable only to terms referred to it (2) If a term or condition is referred to a person for final and binding determination, the process for resolution of Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Alternate Dispute Resolution Process Sections 182-183 a dispute concerning any other term or condition continues to be conciliation. Agreement not unilaterally changeable (3) Unless both parties agree, the referral of a term or condition to a person for final and binding determination remains in force until the determination is made. Form of determination (4) The form of the final and binding determination must, wherever possible, permit the determination to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the determination applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the determination. Binding effect (5) The determination is binding on the employer, the bargaining agent and the employees in the bargaining unit and is deemed to be incorporated into any collective agreement binding on the employees in the bargaining unit in respect of which the determination applies or, if there is no such agreement, is deemed to be such an agreement. Eligibility (6) A person is not eligible to be appointed as a person who makes a final and binding determination under this section if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer or of any employee organization that has an interest in the term or condition referred for final and binding determination. 2003, c. 22, s. 2 “182”; 2013, c. 40, s. 319; 2018, c. 24, s. 20. Vote on Employer’s Offer Minister may order vote to be held 183 (1) If the Minister is of the opinion that it is in the public interest that the employees in a bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 10 Conciliation Vote on Employer’s Offer Sections 183-184 (a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and (b) designate the Board, or any other person or body, to be in charge of conducting that vote. Vote does not delay right (2) The direction that a vote be held, or the holding of that vote, does not prevent the declaration or authorization of a strike if the employee organization that is certified as the bargaining agent is not otherwise prohibited from making the declaration or authorization, nor does it prevent the participation in a strike by an employee if the employee is not otherwise prohibited from participating in the strike. Consequences of favourable vote (3) If a majority of the employees participating in the vote accept the employer’s last offer, (a) the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer; and (b) any strike that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance must cease immediately, and the employees must return to work as soon as the employer determines that it is practicable for them to do so. Powers respecting vote (4) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result. DIVISION 11 Strike Votes Secret ballot vote 184 (1) In order to obtain approval to declare or authorize a strike, an employee organization must hold a vote by secret ballot among all of the employees in the bargaining unit conducted in a manner that ensures that the employees are given a reasonable opportunity to participate in the vote and be informed of the results. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 11 Strike Votes Sections 184-186 Application to have vote declared invalid (2) An employee who is a member of a bargaining unit for which a vote referred to in subsection (1) was held and who alleges that there were irregularities in the conduct of the vote may, no later than 10 days after the day the results of the vote are announced, make an application to the Board to have the vote declared invalid. Dismissal of application (3) The Board may summarily dismiss the application if it is satisfied that, even if the alleged irregularities did occur, the outcome of the vote would not have been different. New vote (4) If the Board declares the vote invalid, it may order that a new vote be held in accordance with the conditions it specifies in the order. DIVISION 12 Unfair Labour Practices Meaning of unfair labour practice 185 In this Division, unfair labour practice means anything that is prohibited by subsection 186(1) or (2), section 187 or 188 or subsection 189(1). Unfair labour practices — employer 186 (1) No employer, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall (a) participate in or interfere with the formation or administration of an employee organization or the representation of employees by an employee organization; or (b) discriminate against an employee organization. Unfair labour practices — employer (2) No employer, no person acting on the employer’s behalf, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 12 Unfair Labour Practices Section 186 (a) refuse to employ or to continue to employ, or suspend, lay off, discharge for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an employee organization, or participates in the promotion, formation or administration of an employee organization, (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2 or 2.1, (iii) has made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or (iv) has exercised any right under this Part or Part 2 or 2.1; (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2 or 2.1; or (c) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an employee organization or to refrain from (i) testifying or otherwise participating in a proceeding under this Part or Part 2 or 2.1, (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2 or 2.1, or (iii) making an application or filing a complaint under this Part or Division 1 of Part 2.1 or presenting a grievance under Part 2 or Division 2 of Part 2.1. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 12 Unfair Labour Practices Sections 186-187 Exception (3) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) by reason only of (a) permitting an employee or a representative of an employee organization that is a bargaining agent to confer with the employer or person, as the case may be, during hours of work or to attend to the business of the employee organization during hours of work without any deduction from wages or any deduction of time worked for the employer; or (b) permitting an employee organization that is a bargaining agent to use the employer’s premises for the purposes of the employee organization. Exception (4) The employer or a person does not commit an unfair labour practice under paragraph (1)(b) (a) if the employer or person is acting in accordance with this Part or Division 1 of Part 2.1, or a regulation, a collective agreement or an arbitral award; or (b) by reason only of receiving representations from, or holding discussions with, representatives of an employee organization. Exception (5) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) or (b) by reason only that the employer or person expresses their point of view, so long as they do not use coercion, intimidation, threats, promises or undue influence. Exception (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 2003, c. 22, s. 2 “186”; 2017, c. 9, s. 21. Unfair representation by bargaining agent 187 No employee organization that is certified as the bargaining agent for a bargaining unit, and none of its Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 12 Unfair Labour Practices Sections 187-188 officers and representatives, shall act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit. Unfair labour practices — employee organizations 188 No employee organization and no officer or representative of an employee organization or other person acting on behalf of an employee organization shall (a) except with the consent of the employer, attempt, at an employee’s place of employment during the employee’s working hours, to persuade the employee to become, to refrain from becoming, to continue to be or to cease to be a member of an employee organization; (b) expel or suspend an employee from membership in the employee organization or deny an employee membership in the employee organization by applying its membership rules to the employee in a discriminatory manner; (c) take disciplinary action against or impose any form of penalty on an employee by applying the employee organization’s standards of discipline to that employee in a discriminatory manner; (d) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or 2.1 or having refused to perform an act that is contrary to this Part or Division 1 of Part 2.1; or (e) discriminate against a person with respect to membership in an employee organization, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person has (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2 or 2.1, (ii) made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or (iii) exercised any right under this Part or Part 2 or 2.1. 2003, c. 22, s. 2 “188”; 2017, c. 9, s. 22. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 12 Unfair Labour Practices Sections 189-190 Unfair labour practices — persons 189 (1) Subject to subsection (2), no person shall seek by intimidation or coercion to compel an employee (a) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization; or (b) to refrain from exercising any other right under this Part or Part 2 or 2.1. Exception (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or who is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 2003, c. 22, s. 2 “189”; 2017, c. 9, s. 23. DIVISION 13 Complaints Complaints 190 (1) The Board must examine and inquire into any complaint made to it that (a) the employer has failed to comply with section 56 (duty to observe terms and conditions); (b) the employer or a bargaining agent has failed to comply with section 106 (duty to bargain in good faith); (c) the employer, a bargaining agent or an employee has failed to comply with section 107 (duty to observe terms and conditions); (d) the employer, a bargaining agent or a deputy head has failed to comply with subsection 110(3) (duty to bargain in good faith); (e) the employer or an employee organization has failed to comply with section 117 (duty to implement provisions of the collective agreement) or 157 (duty to implement provisions of the arbitral award); (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 13 Complaints Section 190 (g) the employer, an employee organization or any person has committed an unfair labour practice within the meaning of section 185. Time for making complaint (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Limitation on complaints against employee organizations (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 188(b) or (c) unless (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access; (b) the employee organization (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint. Exception (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 188(b) or (c) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 13 Complaints Sections 190-192 (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure. 2003, c. 22, s. 2 “190”; 2013, c. 40, s. 320; 2018, c. 24, s. 21. Duty and power of the Board 191 (1) Subject to subsection (3), on receipt of a complaint made under subsection 190(1), the Board may assist the parties to the complaint to settle the complaint. If it decides not to do so or if the complaint is not settled within a period that the Board considers to be reasonable in the circumstances, it must determine the complaint. Refusal to determine complaint involving collective agreement (2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.1 by the complainant. Burden of proof (3) If a complaint is made in writing under subsection 190(1) in respect of an alleged failure by the employer or any person acting on behalf of the employer to comply with subsection 186(2), the written complaint is itself evidence that the failure actually occurred and, if any party to the complaint proceedings alleges that the failure did not occur, the burden of proving that it did not is on that party. 2003, c. 22, s. 2 “191”; 2017, c. 9, s. 24. Orders 192 (1) If the Board determines that a complaint referred to in subsection 190(1) is well founded, the Board may make any order that it considers necessary in the circumstances against the party complained of, including any of the following orders: (a) if the employer has failed to comply with section 107 or 132, an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee; (b) if the employer has failed to comply with paragraph 186(2)(a), an order requiring the employer to (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on the employer’s behalf has refused to employ or continue to employ, has suspended, transferred, laid off, discharged for the promotion of economy and Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 13 Complaints Section 192 efficiency in the Royal Canadian Mounted Police or otherwise discriminated against, or discharged contrary to that paragraph, (ii) pay to any person affected by that failure compensation in an amount that is not more than, in the Board’s opinion, the remuneration that would, but for that failure, have been paid by the employer to that person, and (iii) rescind any disciplinary action taken in respect of any person affected by that failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the person by the employer; (c) if the employer has failed to comply with paragraph 186(2)(c), an order requiring the employer to rescind any action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employer; (d) if an employee organization has failed to comply with section 187, an order requiring the employee organization to take and carry on on behalf of any employee affected by the failure or to assist any such employee to take and carry on any proceeding that the Board considers that the employee organization ought to have taken and carried on on the employee’s behalf or ought to have assisted the employee to take and carry on; (e) if an employee organization has failed to comply with paragraph 188(b) or (d), an order requiring the employee organization to reinstate or admit an employee as one of its members; and (f) if an employee organization has failed to comply with paragraph 188(c), (d) or (e), an order requiring the employee organization to rescind any disciplinary action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employee organization. Person acting on behalf of employer (2) If the order is directed to a person who has acted or purported to act on behalf of the employer, the order must also be directed to the Secretary of the Treasury Board in the case of the core public administration and, in the case of a separate agency, to its deputy head. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 13 Complaints Sections 192-194 Person acting on behalf of employee organization (3) If the order is directed to a person who has acted or purported to act on behalf of an employee organization, the order must also be directed to the chief officer of that employee organization. 2003, c. 22, s. 2 “192”; 2013, c. 40, s. 321; 2017, c. 9, s. 25(E); 2018, c. 24, s. 22. DIVISION 14 Prohibitions and Enforcement Acts of Officers and Representatives of Employee Organizations Acts deemed to be those of employee organization 193 For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by the employee organization. Prohibitions Relating to Strikes Declaration or authorization of strike prohibited 194 (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of employees in such a strike, if (a) the employee organization has not been certified by the Board as the bargaining agent for the bargaining unit; (b) a collective agreement applying to the bargaining unit is in force; (c) no collective agreement is in force, and no notice to bargain collectively has been given, in respect of the bargaining unit; (d) no collective agreement is in force, and a notice to bargain collectively has been given, in respect of the bargaining unit, and no request for conciliation has been made under section 161; (e) the process for resolution of a dispute applicable to the bargaining unit is arbitration; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Section 194 (f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice to enter into an essential services agreement has been given under section 122 by the employer or the employee organization, as bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit; (g) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a notice to amend an essential services agreement has been given under section 126 by the employer or the employee organization, as bargaining agent for the bargaining unit, and (i) the essential services agreement has not been amended as a result of that notice, or (ii) if an application referred to in subsection 127(1) was made by the employer or the employee organization, the application has not been finally disposed of by the Board; (h) the process for resolution of a dispute in respect of the bargaining unit is conciliation and less than 30 clear days have elapsed since (i) the date an essential services agreement came into force in respect of the bargaining unit, or (ii) the date an application referred to in subsection 123(1) made by the employer or the employee organization as bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made; (i) the process for resolution of a dispute in respect of the bargaining unit is conciliation and the employer or the employee organization, as bargaining agent for the bargaining unit, has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made; (j) an essential services agreement binding on the employee organization and the employer has been suspended by order under section 131; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Section 194 (k) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a public interest commission has not been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement, unless the employee organization has been notified under subsection 162(3) that a public interest commission will not be established; (l) the employee organization, as bargaining agent for the bargaining unit, has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the employee organization to enter into or revise a collective agreement and less than seven clear days have elapsed since the date the notice was given under that subsection; (m) a public interest commission has been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (p) a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and (i) it has not received the approval of a majority of the employees who voted, or (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Sections 194-196 Essential services (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of those employees in a strike. 2003, c. 22, s. 2 “194”; 2013, c. 40, s. 322; 2018, c. 24, s. 23. Non-employees 195 No person employed in the public service shall participate in a strike if the person is not an employee. Participation prohibited 196 No employee shall participate in a strike if the employee (a) is not included in a bargaining unit for which a bargaining agent has been certified by the Board; (b) is included in a bargaining unit in respect of which a collective agreement is in force; (c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given; (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161; (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration; (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122 by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit; (g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Section 196 the employer or the bargaining agent for the bargaining unit, and (i) the essential services agreement has not been amended as a result of that notice, or (ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board; (h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since (i) the date an essential services agreement came into force in respect of the bargaining unit, or (ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made; (i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made; (j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services; (k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131; (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established; Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Section 196 (m) is included in a bargaining unit in respect of which the bargaining agent for the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection; (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and (i) the bargaining agent has not received the approval of a majority of the employees who voted, or (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held. 2003, c. 22, s. 2 “196”; 2013, c. 40, s. 323; 2018, c. 24, s. 24. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibitions Relating to Strikes Sections 197-198 Right to strike limited during period between Parliaments 197 (1) If a strike occurs or may occur during the period beginning on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs. Tabling in Parliament (2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made. Declaration or authorization of strike prohibited during deferred period (3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1). Participation prohibited during deferred period (4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1). Declarations and Orders Relating to Strikes Application for declaration that conduct is unlawful 198 (1) If the employer considers that an employee organization or any officer or representative of one has contravened subsection 194(1) or (2) or 197(3), or that a person has contravened section 195, or that an employee has contravened section 196 or subsection 197(4), the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful. Declaration that strike unlawful and strike prohibited (2) After affording the employee organization, officer, representative, person or employee referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Declarations and Orders Relating to Strikes Sections 198-199 (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed; (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike; (c) enjoining the employee from participating in the strike; (d) requiring the employee to perform the duties of his or her employment; or (e) requiring any employee organization, of which any employee with respect to whom an order is made under paragraph (c) or (d) is a member, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the employee. Terms and duration of order (3) An order made under subsection (2) (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (4), has effect for the time specified in the order. Continuation or revocation of order (4) On application by the employer or employee organization or any employee or other person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order, (a) continue the order, with or without modification, for the period stated in the supplementary order; or (b) revoke the order. Prohibition Relating to Essential Services Obstruction 199 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Prohibition Relating to Essential Services Sections 199-202 position that is necessary under an essential services agreement for the employer to provide essential services. 2003, c. 22, s. 2 “199”; 2013, c. 40, s. 324; 2018, c. 24, s. 25. Prohibition Relating to Counselling Counselling in respect of peace officer duties 199.1 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer. 2017, c. 9, s. 26. Offences and Punishment Persons 200 Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employees 201 Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations 202 (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations (2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect. Employee organization (3) Every employee organization that contravenes section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Prosecution of employee organization (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 1 Labour Relations DIVISION 14 Prohibitions and Enforcement Offences and Punishment Sections 202-206 organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. 2003, c. 22, s. 2 “202”; 2017, c. 9, s. 27. Officers and representatives of employee organizations 203 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. 2003, c. 22, s. 2 “203”; 2017, c. 9, s. 28. Employer 204 If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Consent to prosecution 205 A prosecution for an offence under this Division may be instituted only with the consent of the Board. PART 2 Grievances Interpretation Definitions 206 (1) The following definitions apply in this Part. employee means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; (e) a person employed on a casual basis; (f) a person employed on a term basis, unless the term of employment is for a period of three months or more Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Interpretation Sections 206-207 or the person has been so employed for a period of three months or more; (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or (h) a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire) group grievance means a grievance presented in accordance with section 215. (grief collectif) individual grievance means a grievance presented in accordance with section 208 or 238.24. (grief individuel) policy grievance means a grievance presented in accordance with section 220. (grief de principe) Former employees (2) Every reference in this Part to an employee includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to (a) any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act; or (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency. 2003, c. 22, s. 2 “206”; 2014, c. 20, s. 481; 2017, c. 9, s. 29. Conflict Management Informal conflict management system 207 Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Individual Grievances Section 208 Individual Grievances Presentation Right of employee 208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment. Limitation (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. Limitation (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value. Limitation (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies. Limitation (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Individual Grievances Presentation Sections 208-209 Limitation (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award; (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty; (c) in the case of an employee in the core public administration, (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or (ii) deployment under the Public Service Employment Act without the employee’s consent where consent is required; or (d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Individual Grievances Reference to Adjudication Sections 209-210.1 Application of paragraph (1)(a) (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings. Designation (3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d). 2003, c. 22, s. 2 “209”; 2017, c. 9, s. 30. Reference to adjudication 209.1 In addition to his or her rights under section 209, an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, and the grievance is related to that contravention. 2019, c. 10, s. 184. Notice to Canadian Human Rights Commission 210 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Notice to Accessibility Commissioner 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Individual Grievances Reference to Adjudication Sections 210.1-214 Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 185. Exception 211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to (a) any termination of employment under the Public Service Employment Act; or (b) any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance. 2003, c. 22, s. 2 “211”; 2019, c. 10, s. 186. Representation Right to be represented by employee organization 212 An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of, and, if the employee chooses, may be represented by, any employee organization in the presentation or reference to adjudication of an individual grievance. Right to be represented by employee organization 213 No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any other employee organization in the presentation or reference to adjudication of an individual grievance. Binding Effect Decision final and binding 214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. 2003, c. 22, s. 2 “214”; 2017, c. 9, s. 31; 2019, c. 10, s. 187. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Group Grievances Section 215 Group Grievances Presentation Right of bargaining agent 215 (1) The bargaining agent for a bargaining unit may present to the employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award. Consent required (2) In order to present the grievance, the bargaining agent must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained. Single portion (3) The group grievance must relate to employees in a single portion of the federal public administration. Limitation (4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. Limitation (5) Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value. Limitation (6) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Act. Limitation (7) A bargaining agent may not present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Group Grievances Presentation Sections 215-217.1 safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (8) For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 216 The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction. Notice to Canadian Human Rights Commission 217 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Withdrawal from Group Grievance Notice to Accessibility Commissioner 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 188. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Group Grievances Withdrawal from Group Grievance Sections 218-220 Right of employee to withdraw 218 An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the bargaining agent that the employee no longer wishes to be involved in the group grievance. Effect of notice 219 After receiving the notice, the bargaining agent may not pursue the grievance in respect of the employee. Policy Grievances Presentation Right of employer and bargaining agent 220 (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement, either of them may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally. Limitation (2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act. Limitation (3) Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value. Limitation (4) A bargaining agent may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (5) For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Policy Grievances Presentation Sections 220-223 safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 221 A party that presents a policy grievance may refer it to adjudication. Notice to Canadian Human Rights Commission 222 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Adjudication Notice to Board Notice to Accessibility Commissioner 222.1 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner, as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 189. Notice 223 (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board. Action to be taken by Chairperson (2) If the party specifies in the notice that an adjudicator is named in an applicable collective agreement, that an adjudicator has otherwise been selected by the parties or, Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Adjudication Notice to Board Sections 223-225 if no adjudicator is so named or has been selected, that the party requests the establishment of a board of adjudication, then the Chairperson must, on receipt of the notice by the Board, (a) if the grievance is one arising out of a collective agreement and an adjudicator is named in the agreement, refer the matter to the adjudicator; (b) if the parties have selected an adjudicator, refer the matter to the adjudicator; and (c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it. Board seized of grievance (2.1) If the notice does not specify any of the things described in subsection (2), or if a board of adjudication has been requested and the other party has objected in the time provided for in the regulations, the Board is seized of the grievance. Conference (3) The Chairperson may, at any time after receipt of the notice, direct the parties to attend a conference in order to attempt to settle or simplify the issues in dispute. 2003, c. 22, s. 2 “223”; 2013, c. 40, s. 374. Board of Adjudication Constitution 224 (1) A board of adjudication consists of one member of the Board designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties. Ineligibility (2) A person is not eligible to be a member of a board of adjudication if the person has any direct interest in or connection with the grievance referred to the board of adjudication, its handling or its disposition. Jurisdiction Compliance with procedures 225 No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process. 2003, c. 22, s. 2 “225”; 2013, c. 40, s. 375. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Adjudication Powers Sections 226-228 Powers Powers of adjudicator 226 (1) An adjudicator may, in relation to any matter referred to adjudication, exercise any of the powers set out in paragraph 16(d) of this Act and sections 20 to 23 of the Federal Public Sector Labour Relations and Employment Board Act. Powers of adjudicator and Board (2) An adjudicator or the Board may, in relation to any matter referred to adjudication, (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any; (a.1) interpret and apply the Accessible Canada Act; (b) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; (b.1) give relief in accordance with section 102 of the Accessible Canada Act; and (c) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator or the Board, as the case may be, considers appropriate. 2003, c. 22, s. 2 “226”; 2013, c. 40, s. 376; 2017, c. 9, s. 56; 2019, c. 10, s. 190. 227 [Repealed, 2013, c. 40, s. 376] Decision Hearing of grievance 228 (1) If a grievance is referred to adjudication, the adjudicator or the Board, as the case may be, must give both parties to the grievance an opportunity to be heard. Decision on grievance (2) After considering the grievance, the adjudicator or the Board, as the case may be, must render a decision, make the order that the adjudicator or the Board consider appropriate in the circumstances, and then send a copy of the order — and, if there are written reasons for the decision, a copy of the reasons — to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Adjudication Decision Sections 228-232 employee whose grievance it is belongs. The adjudicator must also deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Chairperson. Decision of board of adjudication (3) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board. Decision where majority cannot agree (4) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board. 2003, c. 22, s. 2 “228”; 2013, c. 40, s. 378. Decision requiring amendment 229 An adjudicator’s or the Board’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award. 2003, c. 22, s. 2 “229”; 2013, c. 40, s. 379. Determination of reasonableness of opinion 230 In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator or the Board, as the case may be, must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator or the Board to have been reasonable. 2003, c. 22, s. 2 “230”; 2013, c. 40, s. 379. Determination of consent requirement 231 An adjudicator or the Board, when seized of a grievance referred to in subparagraph 209(1)(c)(ii), may determine any question relating to whether (a) consent to being deployed was a condition of the employee’s employment; or (b) the employee harassed another person in the course of the employee’s employment. 2003, c. 22, s. 2 “231”; 2013, c. 40, s. 380. Decision in respect of certain policy grievances 232 If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s or the Board’s Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Adjudication Decision Sections 232-234 decision in respect of the policy grievance is limited to one or more of the following: (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award; (b) declaring that the collective agreement or arbitral award has been contravened; and (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner. 2003, c. 22, s. 2 “232”; 2013, c. 40, s. 381. No review by court 233 Subsections 34(1) and (3) of the Federal Public Sector Labour Relations and Employment Board Act apply, with any necessary modifications, to an adjudicator’s orders and decisions. 2003, c. 22, s. 2 “233”; 2013, c. 40, s. 382; 2017, c. 9, s. 56. Filing of order in Federal Court 234 (1) The Board must, on the request in writing of any person who was a party to the proceedings that resulted in an order of an adjudicator or the Board, as the case may be, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the opinion of the Board, (a) there is no indication, or likelihood, of failure to comply with the order; or (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose. Non-application (2) Section 35 of the Federal Public Sector Labour Relations and Employment Board Act does not apply to an order of the Board referred to in subsection (1). Effect of filing (3) An order of an adjudicator or the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such. 2003, c. 22, s. 2 “234”; 2013, c. 40, s. 382; 2017, c. 9, s. 56. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Adjudication Expenses of Adjudication Sections 235-237 Expenses of Adjudication Aggrieved employee not represented by agent 235 (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board. Aggrieved employee represented by agent (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Chairperson with the Board’s approval. Recovery (3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection. 2003, c. 22, s. 2 “235”; 2013, c. 40, s. 383. No Right of Action Disputes relating to employment 236 (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute. Application (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication. Exception (3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct. Regulations Regulations 237 (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Regulations Sections 237-238 (a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned; (b) the maximum number of levels in each grievance process; (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level; (d) the time within which a grievance may be presented at any level in a grievance process; (e) the circumstances in which any level below the final level in a grievance process may be eliminated; (f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process; (f.1) the manner of giving notice of an issue to the Accessibility Commissioner under this Part; (g) the establishment of rules of procedure for the hearing of a grievance; (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part or Division 2 of Part 2.1, and when the notices are deemed to have been sent, given or received; and (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part. Application of regulations (2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees. 2003, c. 22, s. 2 “237”; 2017, c. 9, s. 32; 2019, c. 10, s. 191. Regulations 238 The Board may make regulations respecting Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2 Grievances Regulations Sections 238-238.02 (a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and (b) the manner in which and the time within which boards of adjudication are to be established. PART 2.1 Provisions Unique to the Royal Canadian Mounted Police Interpretation Definition of RCMP Commissioner 238.01 (1) In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police. Definition of RCMP member (2) In Division 2 of this Part, RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. 2017, c. 9, s. 33. Inconsistency with Part 1 or 2 238.02 (1) In the event of an inconsistency between a provision of this Part and a provision of Part 1 or 2, the provision of this Part prevails to the extent of the inconsistency. Inconsistency — clarification (2) Without limiting the generality of subsection (1), section 58, subsections 208(1) and 209(1) and (2) and section 209.1 are inconsistent with this Part. Clarification (3) For greater certainty, (a) the provisions of Part 1, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary; and (b) the provisions of Part 2, in so far as they are applicable, apply to employees who are RCMP members, as defined in subsection 238.01(2), or reservists unless there is an indication to the contrary. 2017, c. 9, s. 33; 2019, c. 10, s. 192. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police Interpretation Sections 238.03-238.06 Employer’s right preserved 238.03 Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board to determine categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act. 2017, c. 9, s. 33. Duties preserved 238.04 Nothing in this Act is to be construed as affecting any duties of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who are peace officers, or any duties of reservists who are peace officers, including duties imposed under that Act. 2017, c. 9, s. 33. Unique Role as Police Organization Board’s additional duty 238.05 In administering this Act and in exercising the powers and performing the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board, the Board must, in matters concerning RCMP members and reservists, take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit. 2017, c. 9, s. 33. DIVISION 1 Labour Relations Adjournment of Proceedings Prejudice to ongoing investigations or proceedings 238.06 (1) The Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist if the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Adjournment of Proceedings Sections 238.06-238.07 Maximum period of adjournment (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter. 2017, c. 9, s. 33. Law Enforcement, Public Safety and National Security Non-disclosure 238.07 (1) The RCMP Commissioner may, in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the Board or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security. Notice of objection (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the Board and to the parties. Other provisions do not apply (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the Board to require that the information be disclosed. Former judge (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the Board or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.08. Oath of secrecy (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation. Notice of appointment (6) The Minister must provide notice to the Board, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Law Enforcement, Public Safety and National Security Sections 238.07-238.08 (4). The Board, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit. Former judge to have access (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review. 2017, c. 9, s. 33. Order regarding disclosure 238.08 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.07(1) would be injurious to law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.07 to the disclosure of that information be dismissed. Disclosure required (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information. No disclosure required (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure. Time limit (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.07(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits. Prohibition (5) The former judge must not include in their order any information that reveals information that they conclude Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Law Enforcement, Public Safety and National Security Sections 238.08-238.11 must not be disclosed, or any information from which that information may be inferred. Order final (6) The former judge’s order is final and binding. Review (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section. 2017, c. 9, s. 33. Protection 238.09 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.07 and 238.08. No summons (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code. 2017, c. 9, s. 33. Use of information 238.1 Information about which an objection is made under subsection 238.07(1) that is disclosed by the RCMP Commissioner to the Board or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding. 2017, c. 9, s. 33. Memorandum of understanding 238.11 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.07(1) and the protection of that information if it is disclosed. 2017, c. 9, s. 33. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Law Enforcement, Public Safety and National Security Sections 238.12-238.13 Disclosure of information — other legal proceedings 238.12 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.07(1) to the Board or to a party in connection with the matter or proceeding that gave rise to the objection, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information. Application (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act. Section prevails (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act. 2017, c. 9, s. 33. Certification of Bargaining Agents Right to apply 238.13 (1) Subject to section 55, an employee organization within the meaning of paragraph (b) of the definition employee organization in subsection 2(1) that seeks to be certified as the bargaining agent for the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists may apply to the Board, in accordance with the regulations, for certification as bargaining agent for that group. The Board must notify the employer of the application without delay. Requirements for certification (2) The Board may certify an employee organization referred to in subsection (1) as the bargaining agent for the group only if it determines that the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (a) it has as its primary mandate the representation of employees who are RCMP members; (b) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Certification of Bargaining Agents Sections 238.13-238.17 (c) it is not certified as bargaining agent for any other group of employees. Clarification (3) For greater certainty, (a) for the purposes of subsection (2), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) no application is permitted to be made under section 54 in respect of employees who are RCMP members or reservists. 2017, c. 9, s. 33. Determination of unit 238.14 If an application for certification is made under subsection 238.13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining. 2017, c. 9, s. 33. Limitation 238.15 An employee organization that is certified as the bargaining agent for the bargaining unit determined under section 238.14 is not entitled to seek to be certified as bargaining agent for any other group of employees. 2017, c. 9, s. 33. Limitation 238.16 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.14. 2017, c. 9, s. 33. Revocation of Certification Mandate or affiliation 238.17 (1) The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit determined under section 238.14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Revocation of Certification Sections 238.17-238.19 that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Clarification (2) For greater certainty, (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and (b) the circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 100. 2017, c. 9, s. 33. Process for Dispute Resolution Arbitration 238.18 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.14. The process for the resolution of those disputes is arbitration. 2017, c. 9, s. 33. Restriction on Content of Collective Agreement Restriction 238.19 A collective agreement that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act. 2017, c. 9, s. 33. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Essential Services, Conciliation and Strike Votes Sections 238.2-238.22 Essential Services, Conciliation and Strike Votes Non-application of Divisions 8, 10 and 11 of Part 1 238.2 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.14. 2017, c. 9, s. 33. Arbitration Arbitral award — additional factor 238.21 In addition to the factors set out in section 148, the arbitration board may, if relevant to making a determination under that section in regards to a collective agreement that applies to the bargaining unit determined under section 238.14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police. 2017, c. 9, s. 33; 2018, c. 24, s. 26. Arbitral award — limitations 238.22 (1) The arbitral award that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or (c) doing so would affect either of the following: (i) the organization of the public service, the categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service, or (ii) the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 1 Labour Relations Arbitration Sections 238.22-238.25 Clarification (2) For greater certainty, subsection 150(2) applies in respect of the arbitral award. 2017, c. 9, s. 33. Regulations Regulations 238.23 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.07(5); and (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.07(1) that the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the Board or the party to other persons or entities. 2017, c. 9, s. 33. DIVISION 2 Grievances Individual Grievances Limited right to grieve 238.24 Subject to subsections 208(2) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. 2017, c. 9, s. 33. Limited right to refer to adjudication 238.25 (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 2 Grievances Individual Grievances Sections 238.25-238.27 Agreement required (2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings. Grievance related to accessibility (3) If a grievance referred to in subsection (1) is related to the contravention of a provision of regulations made under subsection 117(1) of the Accessible Canada Act, an employee who is an RCMP member may refer the grievance to adjudication only if the employee has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — the contravention. 2017, c. 9, s. 33; 2019, c. 10, s. 193. Adjournment of Proceedings Prejudice to ongoing investigations or proceedings 238.26 (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding. Maximum period of adjournment (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter. 2017, c. 9, s. 33. Law Enforcement, Public Safety and National Security Non-disclosure 238.27 (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 2 Grievances Law Enforcement, Public Safety and National Security Sections 238.27-238.28 Notice of objection (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the adjudicator or the Board, as the case may be, and to the parties. Other provisions do not apply (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the adjudicator or the Board, as the case may be, to require that the information be disclosed. Former judge (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the adjudicator or the Board, as the case may be, or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.28. Oath of secrecy (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation. Notice of appointment (6) The Minister must provide notice to the adjudicator or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit. Former judge to have access (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review. 2017, c. 9, s. 33. Order regarding disclosure 238.28 (1) Unless the former judge concludes that the disclosure of the information about which an objection is made under subsection 238.27(1) would be injurious to Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 2 Grievances Law Enforcement, Public Safety and National Security Sections 238.28-238.29 law enforcement, public safety or national security, the former judge must order that the RCMP Commissioner’s objection under section 238.27 to the disclosure of that information be dismissed. Disclosure required (2) If the former judge concludes that the disclosure of all or part of that information would be injurious to law enforcement, public safety or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the former judge, after considering the public interest in disclosure, must order the RCMP Commissioner to disclose to the adjudicator, to the Board or to the party, as the case may be, all or that part of that information, a summary of that information or a written admission of facts relating to that information. No disclosure required (3) If the former judge does not make an order under subsection (1) or order disclosure under subsection (2), they must make an order upholding the RCMP Commissioner’s objection to the disclosure. Time limit (4) The order of the former judge must be made within 30 days after the day on which the period referred to in subsection 238.27(6) expires or within any longer period, not more than 60 days after the day on which the period referred to in that subsection expires, that the Minister permits. Prohibition (5) The former judge must not include in their order any information that reveals information that they conclude must not be disclosed, or any information from which that information may be inferred. Order final (6) The former judge’s order is final and binding. Review (7) The RCMP Commissioner’s objection is not subject to review except to the extent and in the manner provided under this section. 2017, c. 9, s. 33. Protection 238.29 (1) No criminal, civil or administrative action or proceeding lies against a former judge, or any person Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 2 Grievances Law Enforcement, Public Safety and National Security Sections 238.29-238.32 acting on their behalf or under their direction, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the former judge under sections 238.27 and 238.28. No summons (2) The former judge, or any person acting on their behalf or under their direction, is not, in respect of any matter coming to the knowledge of the former judge or that person as a result of exercising a power or performing a duty or function of the former judge, a competent or compellable witness in any proceeding other than a prosecution for an offence under this Act, the Security of Information Act or section 132 or 136 of the Criminal Code. 2017, c. 9, s. 33. Use of information 238.3 Information about which an objection is made under subsection 238.27(1) that is disclosed by the RCMP Commissioner to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection may be used only in connection with that matter or proceeding. 2017, c. 9, s. 33. Memorandum of understanding 238.31 The Chairperson and the RCMP Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting the disclosure of information referred to in subsection 238.27(1) and the protection of that information if it is disclosed. 2017, c. 9, s. 33. Disclosure of information — other legal proceedings 238.32 (1) If the RCMP Commissioner discloses information about which an objection is made under subsection 238.27(1) to an adjudicator or the Board, as the case may be, or to a party in connection with the matter or proceeding that gave rise to the objection, the adjudicator, the Board or that party is not to be required, in connection with any other criminal, civil or administrative action or proceeding, to give or produce evidence relating to that information. Application (2) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament, other than the Access to Information Act and the Privacy Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 2.1 Provisions Unique to the Royal Canadian Mounted Police DIVISION 2 Grievances Law Enforcement, Public Safety and National Security Sections 238.32-239 Section prevails (3) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act. 2017, c. 9, s. 33. Unique Role as Police Organization Consideration 238.33 In considering a grievance that concerns an employee who is an RCMP member or a reservist, the adjudicator or the Board, as the case may be, must take into account the unique role of the Royal Canadian Mounted Police as a police organization in protecting public safety and national security and its need to deploy its members and reservists as it sees fit. 2017, c. 9, s. 33. Regulations Regulations 238.34 The Governor in Council may make regulations (a) prescribing the oath of secrecy referred to in subsection 238.27(5); and (b) respecting the measures that are to be taken by an adjudicator or the Board, as the case may be, or a party to protect the information referred to in subsection 238.27(1) that the adjudicator, the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the adjudicator, the Board or the party to other persons or entities. 2017, c. 9, s. 33. PART 3 Occupational Health and Safety Interpretation Meaning of public service 239 In this Part, public service has the same meaning as in subsection 11(1) of the Financial Administration Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 3 Occupational Health and Safety Part II of Canada Labour Code Sections 240-241 Part II of Canada Labour Code Application to public service 240 Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application, (a) any reference in that Part to (i) “arbitration” is to be read as a reference to adjudication under Part 2 or Division 2 of Part 2.1, (ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board, (iii) a “collective agreement” is to be read as a reference to a collective agreement within the meaning of subsection 2(1), (iv) “employee” is to be read as a reference to a person employed in the public service, and (v) a “trade union” is to be read as a reference to an employee organization within the meaning of subsection 2(1) and includes, unless the context otherwise requires, a council of employee organizations within the meaning of that subsection; (b) [Repealed, 2017, c. 20, s. 396] (c) the provisions of this Act apply, with any necessary modifications, in respect of matters brought before the Federal Public Sector Labour Relations and Employment Board. 2003, c. 22, s. 2 “240”; 2013, c. 40, s. 384; 2017, c. 9, ss. 34, 57; 2017, c. 20, s. 396. PART 4 General Defects in Proceedings Defect in form or irregularity 241 (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 4 General Defects in Proceedings Sections 241-244 Grievance process (2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1). Restriction on Admissibility of Evidence Admissibility 242 Except in the case of a prosecution for perjury, (a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and (b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada. Protection Evidence respecting information obtained 243 Members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) are not competent or compellable to appear as witnesses in any civil action, suit or other proceeding respecting information obtained in the discharge of their functions under this Act. 2003, c. 22, s. 2 “243”; 2013, c. 40, s. 385. No disclosure of notes and drafts 244 The following may not be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of an adjudicator; (b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and (c) notes or a draft arbitral award of an arbitration board. 2003, c. 22, s. 2 “244”; 2013, c. 40, s. 386. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 4 General Protection Sections 245-248 Criminal or civil proceedings 245 No criminal or civil proceedings lie against a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator or a person seized of a referral under subsection 182(1) for anything done — or omitted to be done — or reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act. 2003, c. 22, s. 2 “245”; 2013, c. 40, s. 387. Oaths and Solemn Affirmations Oath or solemn affirmation 246 Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of ..................... Remuneration and Expenses Remuneration and expenses 247 (1) Members of arbitration boards, mediators, adjudicators and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council. Remuneration and expenses (2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister. Party to pay (3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party. 2003, c. 22, s. 2 “247”; 2013, c. 40, s. 337. Witness Fees Payment of witness fees 248 A person who is summoned by an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 4 General Witness Fees Sections 248-252 to receive fees and allowances for so attending that are equal to those to which the person would be entitled if summoned to attend before the Federal Court. 2003, c. 22, s. 2 “248”; 2013, c. 40, s. 389. Provision of Facilities and Human Resources Facilities and human resources 249 The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act. 2003, c. 22, s. 2 “249”; 2014, c. 20, s. 481. Application of Safety or Security Provisions Application of safety or security provisions 250 (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada. Order is conclusive proof (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. 251 [Repealed, 2013, c. 40, s. 390] Five-year Review Review 252 Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act PART 4 General Five-year Review Section 252 days on which that House is sitting after the review is completed. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS RELATED PROVISIONS — 2003, c. 22, s. 36 Definitions 36 (1) The following definitions apply in this Division. Chairperson means the Chairperson of the new Board. (président) former Act means the Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985. (ancienne loi) former Board means the Public Service Staff Relations Board established by section 11 of the former Act. (ancienne Commission) new Act means the Public Service Labour Relations Act, enacted by section 2 of this Act. (nouvelle loi) new Board means the Public Service Labour Relations Board established by section 12 of the new Act. (nouvelle Commission) Meaning of other words (2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires. — 2003, c. 22, s. 37 Certain members continue 37 Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section. — 2003, c. 22, s. 38 Deputy Chairpersons 38 The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2003, c. 22, s. 39 Transfer of proceedings 39 (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act. Continuing jurisdiction of Deputy Chairperson (2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated. Powers (3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board. Refusal to complete duties (4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Supervision by Chairperson (5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2). — 2003, c. 22, s. 40 Fees and expenses 40 A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2) (a) is to be paid the fees for his or her services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from his or her ordinary place of residence. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2003, c. 22, s. 41 Limitation period 41 The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. — 2003, c. 22, s. 42 Secretary of former Board 42 (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day. Officers and employees (2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board. — 2003, c. 22, s. 43 Rights and obligations transferred 43 All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board. — 2003, c. 22, s. 44 References 44 Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires. — 2003, c. 22, s. 45 Transfer of appropriations 45 Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board. — 2003, c. 22, s. 46 Continuation of legal proceedings 46 Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board. — 2003, c. 22, s. 47 Decisions, etc., continued 47 Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such. — 2003, c. 22, s. 48 Certification continued 48 (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit. Effects of certification (2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act. — 2003, c. 22, s. 49 Legal officers 49 (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition managerial or confidential position in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS New application required (2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act. — 2003, c. 22, s. 50 Certain positions continued 50 Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition managerial or confidential position in subsection 2(1) of the former Act immediately before the day on which the definition managerial or confidential position in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act. — 2003, c. 22, s. 51 Process for resolution of disputes 51 The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act. — 2003, c. 22, s. 52 Collective agreements 52 Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition collective agreement in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires. — 2003, c. 22, s. 53 Arbitral awards 53 Every arbitral award made under the former Act that is in force immediately before the day on which the definition arbitral award in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2003, c. 22, s. 54 Conciliators 54 Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to “Chairperson” in section 54 of the former Act are to be read as references to the Chairperson of the new Board. — 2003, c. 22, s. 55 Fact finders 55 Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after that day to the parties being assisted by the fact finder, except that the references in those sections to (a) “Board” are to be read as references to the new Board; and (b) “Chairperson” are to be read as references to the Chairperson of the new Board. — 2003, c. 22, s. 56 Section 61 of the former Act 56 Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day. — 2003, c. 22, s. 57 Arbitration 57 (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day: (a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act; (b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and (c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act. Restriction (2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embodied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force. — 2003, c. 22, s. 58 Provisions of former Act apply 58 (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into: (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to (i) “Board” are to be read as references to the new Board, (ii) “Chairperson” are to be read as references to the Chairperson of the new Board, and (iii) “Minister” are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act; (b) a designation review panel established before that day may continue to act on and after that day; and (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Non-application (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into. — 2003, c. 22, s. 59 Complaints referred to in par. 23(1)(b) of former Act 59 Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be. — 2003, c. 22, s. 60 Complaints referred to in par. 23(1)(c) of former Act 60 Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day. — 2003, c. 22, s. 61 Former Act applies 61 (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day. Adjudicators (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson. Supervision by Chairperson (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2). Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Refusal to complete duties (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board. Appointment after commencement day (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator. Powers (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act. — 2003, c. 22, s. 62 Fees and expenses 62 Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act (a) is to be paid the fees that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence. — 2003, c. 22, s. 63 Limitation period 63 The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board. — 2003, c. 22, s. 64 Events giving rise to individual grievances 64 Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day. — 2003, c. 22, s. 65 Events giving rise to policy grievances 65 Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day. — 2003, c. 22, s. 66 Former adjudication orders 66 Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such. — 2009, c. 2, s. 396 (3), as amended by 2018, c. 27, s. 431 (2) Powers of Board 396 (3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425(1) of the Budget Implementation Act 2018, No. 2. — 2013, c. 40, s. 338, as amended by 2014, c. 20, s. 309 Definitions 338 (1) The following definitions apply in this section. commencement day means the day on which this Act receives royal assent. (date de référence) the Act means the Public Service Labour Relations Act. (Loi) Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Words and expressions (2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act. Application of provisions enacted by this Act (3) Subject to subsections (4) to (7), the provisions of the Act, as enacted by sections 294 to 306, subsection 307(1), sections 308 to 314, subsection 316(1) and sections 317 to 324 also apply in respect of the following bargaining units: (a) a bargaining unit in respect of which a notice to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement has been given before the commencement day; (b) a bargaining unit that is bound by a collective agreement or arbitral award that is in force on the commencement day and that expires on that day or at any time after that day, and in respect of which no notice to bargain collectively has been given before the commencement day; and (c) a bargaining unit in respect of which no notice to bargain collectively for the purpose of entering into a first collective agreement has been given before the commencement day. Arbitration board established (4) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day, (a) a request for arbitration was made by the employer or the bargaining agent for the bargaining unit; and (b) the Chairperson had notified the parties of the establishment of an arbitration board. Public interest commission established (5) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day, (a) a request for conciliation was made by the employer or the bargaining agent for the bargaining unit; and Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS (b) the Chairperson had notified the parties of the establishment of a public interest commission. No essential services agreement (6) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, (a) if no notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013, the process for the resolution of disputes is conciliation; and (b) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day. Essential services agreement entered into (7) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is (a) arbitration, if 80% or more of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service; and (b) conciliation, if less than 80% of the positions in the bargaining unit were, immediately before the commencement day, necessary for the employer to provide an essential service. Non-application (7.1) Subsection (7) does not apply if the notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Application of subsection 105(2) (8) Subsection 105(2) of the Act, as that subsection read immediately before the commencement day, continues to apply in respect of a bargaining unit referred to in paragraph (3)(b) until an arbitral award is made or a collective agreement is entered into in respect of a bargaining unit. Positions — essential services agreement (9) Despite subsections (4) and (5), if a bargaining unit is bound by an essential services agreement immediately before the commencement day, (a) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day; and (b) every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305. For greater certainty, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any position referred to in paragraph (b). For greater certainty (10) For greater certainty, (a) every essential services agreement between the employer and a bargaining agent that is in force immediately before the commencement day is deemed to have ceased to have effect on the commencement day; and (b) every essential services agreement that is entered into by the employer and a bargaining agent after the commencement day ceases to apply on the day on which a collective agreement is entered into by the employer and the bargaining agent. — 2013, c. 40, s. 391 Definitions 391 The following definitions apply in sections 392 to 402. former Board means the Public Service Labour Relations Board that is established by section 12 of the Public Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force. (ancienne Commission) new Board means the Public Service Labour Relations and Employment Board that is established by subsection 4(1) of the Public Service Labour Relations and Employment Board Act. (nouvelle Commission) — 2013, c. 40, s. 392 Appointments terminated 392 (1) Members of the former Board cease to hold office on the day on which subsection 366(1) of this Act comes into force. No compensation (2) Despite the provisions of any contract, agreement or order, no person who was appointed to hold office as a part-time member of the former Board 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division. — 2013, c. 40, s. 393 Continuation of proceedings 393 Subject to section 394, every proceeding commenced under the Public Service Labour Relations Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division. — 2013, c. 40, s. 394 Persons employed by Public Service Staffing Tribunal 394 Every proceeding commenced under Part 1 or 2 of the Public Service Labour Relations Act before the day on which subsection 366(1) of this Act comes into force that relates to a person who is employed by the Public Service Staffing Tribunal — continued by subsection 88(1) of the Public Service Employment Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force — and that was not finally disposed of by the former Board before that day is deemed to have been discontinued immediately before that day. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2013, c. 40, s. 395 Continuation — members of former Board 395 (1) A member of the former Board — other than an adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force — may, at the request of the Chairperson of the new Board, continue to hear and decide any matter that was before the member before that day. Powers (2) For the purposes of subsection (1), a member of the former Board exercises the same powers, and performs the same duties and functions, as a panel of the new Board. Refusal to complete duties (3) If a member of the former Board refuses to continue to hear or decide any matter referred to in subsection (1), the Chairperson of the new Board may assign it to a panel of the new Board in accordance with section 37 of the Public Service Labour Relations and Employment Board Act on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Supervision by Chairperson of new Board (4) The Chairperson of the new Board has supervision over and direction of the work of any member of the former Board who continues to hear and decide a matter referred to in subsection (1). Remuneration and expenses (5) A member of the former Board who continues to hear and decide a matter referred to in subsection (1) (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence. Limitation (6) The Chairperson of the new Board may withdraw from a member of the former Board a matter referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force and assign it to a panel of the new Board in accordance with section 37 of the Public Service Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS Labour Relations and Employment Board Act on any terms and conditions that the Chairperson of the new Board may specify for the protection and preservation of the rights and interests of the parties. — 2013, c. 40, s. 396 Continuation — former Board member adjudicators 396 (1) An adjudicator referred to in paragraph 223(2)(d) of the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force, may, at the request of the Chairperson of the new Board, continue to hear and decide any grievance that was before the adjudicator before that day. Powers (2) For the purposes of subsection (1), the adjudicator exercises the same powers as an adjudicator under the Public Service Labour Relations Act, as that Act read immediately before the day on which subsection 366(1) of this Act comes into force. Refusal to complete duties (3) If an adjudicator refuses to continue to hear or decide a grievance referred to in subsection (1), the new Board is seized of the grievance. Supervision by Chairperson of new Board (4) The Chairperson of the new Board has supervision over and direction of the work of any adjudicator who continues to hear and decide a grievance referred to in subsection (1). Remuneration and expenses (5) An adjudicator who continues to hear and decide a grievance referred to in subsection (1) (a) is to be paid the remuneration for their services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from their ordinary place of residence. Limitation (6) The Chairperson of the new Board may withdraw from an adjudicator a grievance referred to in subsection (1) that is not disposed of within one year after the day on which subsection 366(1) of this Act comes into force. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS If the Chairperson of the new Board withdraws the grievance, the new Board becomes seized of it. — 2013, c. 40, s. 397 Persons employed by former Board 397 Nothing in this Division affects the status of any person who was employed by the former Board immediately before the day on which subsection 366(1) of this Act comes into force, except that, as of that day, the person is employed by the new Board. — 2013, c. 40, s. 398 Rights and obligations transferred 398 All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board. — 2013, c. 40, s. 399 References 399 Every reference to the former Board in a deed, contract or other document executed or, in Quebec, signed by the former Board in its own name is to be read as a reference to the new Board, unless the context requires otherwise. — 2013, c. 40, s. 400 Continuation of legal proceedings 400 Any action, suit or other proceeding to which the former Board is a party that is pending in any court on the day on which subsection 366(1) of this Act comes into force may be continued by or against the new Board in the same manner and to the same extent as it could have been continued by or against the former Board. — 2013, c. 40, s. 401 Commencement of legal proceedings 401 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2013, c. 40, s. 402 Orders and decisions continued 402 Every order or decision made by the former Board is deemed to have been made by the new Board and may be enforced as such. — 2017, c. 9, s. 61 Definitions 61 (1) The following definitions apply in this section and sections 62 to 64. former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi) member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre) reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste) Same meaning (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act. — 2017, c. 9, s. 62 Individual grievances 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect. Extension of limitation period (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress. Limitation (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress. — 2017, c. 9, s. 63 Existing applications for certification 63 (1) If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and (b) the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, (ii) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, and (iii) it is not certified as the bargaining agent for any other group of employees. Clarification (2) For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Certification of no effect (3) If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect. Certification in respect of any other group (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect. Existing application for certification (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. Existing application for certification (6) If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS — 2017, c. 9, s. 64 Membership in bargaining unit — members and reservists 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. Membership in bargaining unit — other employees (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. — 2017, c. 9, s. 65 Published date 65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member. — 2017, c. 12, s. 16 Public Service Labour Relations Act — existing applications 16 If the Public Service Labour Relations and Employment Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 8 comes into force, received an application for certification referred to in paragraph 64(1.1)(a) of the Public Service Labour Relations Act or an application for a declaration made under subsection 94(1) of that Act, and the application has not been finally disposed of before that coming into force, that applicationis to be dealt Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS with and disposed of in accordance with that Act as it read immediately before that coming into force. — 2018, c. 24, s. 27 Definitions 27 (1) The following definitions apply in this section. commencement day means the day on which this Act receives royal assent. (date de référence) the Act means the Federal Public Sector Labour Relations Act. (Loi) Words and expressions (2) Unless the context requires otherwise, words and expressions used in this section have the same meaning as in the Act. (3) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has filed a notice to bargain and neither party has requested arbitration by a notice made under subsection 136(1) of the Act or conciliation by a request made under subsection 162(1) of the Act, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (4) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested arbitration by a notice made under subsection 136(1) of the Act and no proceedings referred to in subsection 146(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (5) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain collectively and either party has requested conciliation by request made under subsection 162(1) of the Act and no proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as amended from time to time on or after the commencement day, apply. (6) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested arbitration by a notice made under subsection 136(1) of the Act and any proceedings referred to in subsection 146(1) of the Act have taken place before the commencement Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act RELATED PROVISIONS day, the provisions of the Act, as they read immediately before the commencement day, apply. (7) If, before the commencement day, the employer or a bargaining agent representing a bargaining unit has given a notice to bargain and either party has requested conciliation by request made under subsection 162(1) of the Act and any proceedings referred to in subsection 173(1) of the Act have taken place before the commencement day, the provisions of the Act, as they read immediately before the commencement day, together with subsection 194(2) of the Act, as amended by subsection 23(2) of this Act, apply. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2009, c. 2, s. 401, as amended by 2017, c. 9, par. 66 (1) (a) 401 Subsection 208(3) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (3) An employee may not present an individual grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act. — 2009, c. 2, s. 402, as amended by 2017, c. 9, par. 66 (1) (a) 402 Subsection 215(5) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (5) A bargaining agent may not present a group grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act. — 2009, c. 2, s. 403, as amended by 2017, c. 9, par. 66 (1) (a) 403 Subsection 220(3) of the Federal Public Sector Labour Relations Act is replaced by the following: Limitation (3) Neither the employer nor a bargaining agent may present a policy grievance in respect of any matter related to equal pay for work of equal value or any other matter referred to in the Public Sector Equitable Compensation Act. — 2009, c. 2, s. 404, as amended by 2013, c. 40, s. 469 (6), 2014, c. 39, s. 385 and 2017, c. 9, par . 66 (1) (a) 404 Paragraph 226(2)(a) of the Federal Public Sector Labour Relations Act is replaced by the following: Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act AMENDMENTS NOT IN FORCE (a) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act that are related to the right to equal pay for work of equal value and the Public Sector Equitable Compensation Act, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any; — 2013, c. 40, s. 469 (1), par. (2) (b), as amended by 2017, c. 9, s. 69 (7) 2009, c. 2. 469 (1) In this section, other Act means the Budget Implementation Act, 2009. (2) If section 367 of this Act comes into force before section 400 of the other Act, then (b) on the day on which the Public Sector Equitable Compensation Act comes into force, sections 13 and 14 of the second Act are replaced by the following: Adjudication services 13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3. The Board is also to provide adjudication services in accordance with the Public Sector Equitable Compensation Act. Mediation services 14 The Board is to provide mediation services that consist of (a) assisting parties in the negotiation of collective agreements and their renewal; (b) assisting parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act. The Board is also to provide mediation services in accordance with the Public Sector Equitable Compensation Act. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act AMENDMENTS NOT IN FORCE — 2017, c. 9, ss. 67 (1), (2) 2013, c. 18. 67 (1) The following definitions apply in this section. other Act means the Act enacted by section 2 of chapter 22 of the Statutes of Canada, 2003, as amended from time to time. (autre loi) published date means the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée) (2) If subsection 3(3) and section 30 of this Act come into force before the published date, then, on the published date, (a) the definition RCMP member in subsection 2(1) of the other Act is replaced by the following: RCMP member has the meaning assigned by the definition member in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre de la GRC) (b) the portion of subsection 209(1) of the other Act before paragraph (a) is replaced by the following: Reference to adjudication 209 (1) An employee who is not an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (c) section 238.01 of the other Act is replaced by the following: Definition of RCMP Commissioner 238.01 In this Part, RCMP Commissioner means the Commissioner of the Royal Canadian Mounted Police. (d) subsection 238.02(3) of the other Act is replaced by the following: Clarification (3) For greater certainty, the provisions of Parts 1 and 2, in so far as they are applicable, apply to employees who are RCMP members or reservists unless there is an indication to the contrary. Current to June 20, 2022 Last amended on July 29, 2019 Federal Public Sector Labour Relations Act AMENDMENTS NOT IN FORCE — 2018, c. 27, s. 431 (4) 431 (4) Section 396 of the Act is repealed. Current to June 20, 2022 Last amended on July 29, 2019

CONSOLIDATION First Nations Jurisdiction over Education in British Columbia Act S.C. 2006, c. 10 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 provide for jurisdiction over education on First Nation lands in British Columbia Short Title 1 Short title Interpretation 2 Definitions Conflict with agreement Purpose and Effect of the Act 4 Purpose Bringing agreement into effect Order in council — deletions from the schedule Effect of Individual Agreement 7 Persons and bodies subject to agreement Agreement binding Legislative powers Scope of individual agreement First Nations Education Authority 11 Establishment Not agent of Her Majesty Appointment of directors Appointment of President and Vice-President Rules of procedure Head office Staff Purpose and Powers of the Authority 18 Mandate Education co-management agreements Delegation Current to June 20, 2022 Last amended on July 15, 2019 ii First Nations Jurisdiction over Education in British Columbia TABLE OF PROVISIONS Other First Nations Community Education Authority 22 Establishment Other Acts 23 Indian Act Liability 24 Participating First Nation not liable Minister’s Duties and Powers 25 Schools General 26 Judicial notice of individual agreements Judicial notice of First Nation laws Statutory Instruments Act Federal Courts Act Notice of court or tribunal proceedings Orders and Regulations 31 Orders in council Consequential Amendments Access to Information Act Privacy Act Coming into Force *35 Order in council SCHEDULE Participating First Nations Current to June 20, 2022 Last amended on July 15, 2019 iv S.C. 2006, c. 10 An Act to provide for jurisdiction over education on First Nation lands in British Columbia [Assented to 12th December 2006] 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 First Nations Jurisdiction over Education in British Columbia Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. Authority means the First Nations Education Authority established by section 11. (Autorité scolaire) council of a participating First Nation has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act. (conseil de la première nation participante) education means education programs and services of a nature generally provided to students from kindergarten to grade 12. (éducation) First Nation land means a reserve, as that term is defined in subsection 2(1) of the Indian Act, that is situated in British Columbia and that is set apart for a participating First Nation, and includes first nation land as that term is defined in subsection 2(1) of the First Nations Land Management Act. (terres autochtones) Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Interpretation Sections 2-5 First Nation law means a law made under subsection 9(1). (loi autochtone) individual agreement means an agreement entered into between Her Majesty in right of Canada and a participating First Nation with respect to jurisdiction over education by the participating First Nation on First Nation land, and includes any amendments to the agreement made pursuant to its provisions. (accord spécifique) Minister means the Minister of Crown-Indigenous Relations. (ministre) participating First Nation means a band named in the schedule. (première nation participante) Words and expressions in Indian Act (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act. 2006, c. 10, s. 2; 2019, c. 29, s. 373. Conflict with agreement 3 (1) In the event of a conflict between an individual agreement and any Act of Parliament, including this Act, the individual agreement prevails to the extent of the conflict. Conflict with Act (2) In the event of a conflict between this Act and any other Act of Parliament, this Act prevails to the extent of the conflict. Purpose and Effect of the Act Purpose 4 The purpose of this Act and of orders of the Governor in Council made under this Act is to bring into effect individual agreements entered into with participating First Nations. Bringing agreement into effect 5 (1) Once an individual agreement has been entered into, the Governor in Council may, by order, bring it into effect and add the name of the band that is party to it to the schedule. Force of law of agreement (2) An individual agreement is given the force of law by an order made under subsection (1). Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Purpose and Effect of the Act Sections 6-11 Order in council — deletions from the schedule 6 The Governor in Council may, by order, delete the name of a participating First Nation from the schedule if the Minister is satisfied that the participating First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education. Effect of Individual Agreement Persons and bodies subject to agreement 7 Persons and bodies have the powers, rights, privileges and benefits conferred on them by an individual agreement and are subject to any obligations and liabilities imposed on them by an individual agreement. Agreement binding 8 An individual agreement is binding on and may be relied on by all persons. Legislative powers 9 (1) A participating First Nation has, to the extent provided by an individual agreement, the power (a) to enact laws respecting education on First Nation land; and (b) to delegate to the Authority its power to make laws under paragraph (a). Transferability (2) A participating First Nation shall provide, or make provision for, education so as to allow students to transfer without academic penalty to an equivalent level in another school within the school system of British Columbia. Scope of individual agreement 10 For greater certainty, nothing in this Act renders ineffective any provision, or any amendment made to a provision, of an indi-vidual agreement for which specific provision is not made in this Act. First Nations Education Authority Establishment 11 (1) There is hereby established in British Columbia the First Nations Education Authority, to be managed by a board of directors that consists of a minimum of six directors, including a President and a Vice-President. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia First Nations Education Authority Sections 11-15 Capacity, rights, powers and privileges (2) The Authority has the capacity, rights, powers and privileges of a natural person, including the capacity (a) to enter into contracts; (b) to acquire, hold and dispose of property or an interest in property; (c) to raise, invest or borrow money; and (d) to sue and be sued in its own name. Not agent of Her Majesty 12 The Authority is not an agent of Her Majesty. Appointment of directors 13 (1) Each participating First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of the participating First Nation, for an initial term of two years. Directors may be reappointed, for a term fixed by the board, for second or subsequent terms. Removal from office (2) A director holds office at the pleasure of the participating First Nation that appointed them, but they may be removed by the board of directors at any time for cause or for a ground set out in the board’s rules. Appointment of President and Vice-President 14 The board of directors shall appoint a President and a Vice-President, from among the directors, to hold office at the pleasure of the board for an initial term not exceeding two years, and they may be reappointed for terms of appointment to be established by the board. Rules of procedure 15 The board of directors may make rules that are consistent with this Act for the purpose of carrying out the Authority’s work, (a) specifying the grounds for the removal of directors in addition to those generally recognized by law; (b) conducting and managing its internal administrative affairs; and (c) specifying the duties of its officers, directors and employees and of persons retained by it. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia First Nations Education Authority Sections 16-19 Head office 16 The Authority’s head office shall be in British Columbia. Staff 17 (1) The Authority may (a) hire any persons that are necessary to conduct its work; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the Authority. Purpose and Powers of the Authority Mandate 18 The purpose of the Authority is to assist participating First Nations in developing the capacity to provide education on First Nation land and to provide for any other matters related to education that may be agreed to by the Authority and a participating First Nation in accordance with an individual agreement. Education co-management agreements 19 (1) In furthering its purpose, the Authority shall, if requested by a participating First Nation and in accordance with an individual agreement, enter into a co-management agreement in respect of education with that participating First Nation. Education standards (2) The Authority shall, as provided for by a co-management agreement, (a) establish standards that are applicable to education provided by a participating First Nation on First Nation land for curriculum and examinations for courses necessary to meet graduation requirements; (b) provide a teacher certification process for teachers providing educational instruction in schools operated by a participating First Nation on First Nation land, other than teachers who teach only the language and culture of the participating First Nation; (c) provide, upon request by a participating First Nation, a teacher certification process for teachers who Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Purpose and Powers of the Authority Sections 19-21 teach only the language and culture of the participating First Nation in schools operated by the participating First Nation on First Nation land; (d) provide a process for certifying schools that are operated by a participating First Nation on First Nation land; and (e) perform any other duties that are consistent with the individual agreement and this Act. Consultation with province (3) The Authority shall consult with the competent authorities in British Columbia regarding standards established under paragraph (2)(a). Delegation 20 The Authority may exercise the jurisdiction over education that is delegated to it by a participating First Nation in accordance with an individual agreement. Other First Nations 21 (1) The board of directors may authorize the Authority to enter into agreements in respect of education with any First Nation in British Columbia other than a participating First Nation if that First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education. Agreements with other First Nations (2) If the Authority has been authorized by the board of directors to enter into agreements under subsection (1), the Authority may, if requested by a First Nation described in subsection (1) and in accordance with a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education, enter into an agreement in respect of education with that First Nation. Delegated jurisdiction (3) If the Authority has entered into an agreement with a First Nation under subsection (2), the Authority shall exercise the jurisdiction over education that is delegated to it by that First Nation in British Columbia in a manner consistent with subsection 19(2). Additional directors (4) If the Authority has entered into an agreement with a First Nation under subsection (2), that First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of that First Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Purpose and Powers of the Authority Sections 21-24 Nation. A director holds office at the pleasure of the First Nation that appointed them, but may be removed by the board for cause or for a ground set out in the board’s rules. Terms of appointment (5) A director appointed under subsection (4) holds office for an initial term of two years and may be reappointed for a second or subsequent term, for a term of appointment fixed by the board of directors. Community Education Authority Establishment 22 (1) A participating First Nation may, on its own or jointly with other participating First Nations, establish a Community Education Authority to operate, administer and manage the education system of the participating First Nation on First Nation land in accordance with an individual agreement. Powers, rights and duties (2) A Community Education Authority has the powers, rights, privileges and benefits conferred on it by a participating First Nation and shall perform the duties — and be subject to the liabilities — imposed on it by a First Nation law in accordance with an individual agreement. Other Acts Indian Act 23 On the coming into force of a First Nation law, sections 114 to 122 of the Indian Act cease to apply to the participating First Nation and its members. Liability Participating First Nation not liable 24 (1) A participating First Nation is not liable in respect of anything done or omitted to be done by Her Majesty, or any person or body authorized by Her Majesty to act, in the exercise of their powers, duties and functions in relation to education. Indemnification of participating First Nation (2) Her Majesty shall indemnify a participating First Nation for any loss suffered by the participating First Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Liability Sections 24-27 Nation as a result of an act or omission described in subsection (1). Her Majesty not liable (3) Her Majesty is not liable in respect of anything done or omitted to be done by a participating First Nation, or any person or body authorized by the participating First Nation to act, in the exercise of their powers, duties and functions in relation to education. Indemnification of Her Majesty (4) The participating First Nation shall indemnify Her Majesty for any loss suffered by Her Majesty as a result of an act or omission described in subsection (3). Minister’s Duties and Powers Schools 25 (1) The Minister may, in accordance with this Act, establish and maintain schools on First Nation land. Deposit of copies (2) The Minister shall cause a copy of each individual agreement and of any amendment made to the individual agreement, certified by the Minister to be a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region, as described in the schedule to the National Capital Act, and in any regional offices of that Department and other places that the Minister considers advisable. General Judicial notice of individual agreements 26 Judicial notice shall be taken of each individual agreement. Judicial notice of First Nation laws 27 (1) Judicial notice shall be taken of First Nation laws. Evidence of First Nation laws (2) A copy of a First Nation law purporting to be deposited in the public registry of First Nation laws referred to in an individual agreement is evidence of that law and of its contents, unless the contrary is shown. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia General Sections 28-30 Statutory Instruments Act 28 For greater certainty, First Nation laws are not statutory instruments within the meaning of the Statutory Instruments Act. Federal Courts Act 29 For greater certainty, no body established by this Act or by a First Nation law is a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act. Notice of court or tribunal proceedings 30 (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the participating First Nation of any issue raised by that party in respect of (a) the interpretation or validity of an individual agreement; or (b) the validity or applicability of this Act or of a First Nation law. Content of notice (2) A notice shall identify the proceeding in which the issue arises, state whether it arises in relation to paragraph (1)(a) or (b), give particulars of the point to be argued and, if a date has been fixed for argument, give the date. Attachments (3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that have been filed with the court or tribunal. Time of service (4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than 14 days after service unless the court or tribunal allows a shorter period. Participation in proceedings (5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the participating First Nation may appear and participate with the same rights as any other party. Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia Orders and Regulations Sections 31-35 Orders and Regulations Orders in council 31 (1) The Governor in Council may make orders and regulations that are necessary to implement individual agreements entered into after the day on which this subsection comes into force. Regulation- making authority (2) The Governor in Council may make regulations to establish standards for buildings and equipment, and the inspection of buildings and equipment, used by schools administered under this Act. Consequential Amendments Access to Information Act 32 [Amendment] Privacy Act 33 [Amendments] 34 [Amendment] Coming into Force Order in council 35 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 November 22, 2007, see SI/2007-91.] Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia SCHEDULE Participating First Nations SCHEDULE (Subsection 2(1) and sections 5 and 6) Participating First Nations Current to June 20, 2022 Last amended on July 15, 2019 First Nations Jurisdiction over Education in British Columbia RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, par. 371 (2) (f) 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: (f) subsection 25(2) of the First Nations Jurisdiction over Education in British Columbia Act. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Federal Public Sector Labour Relations and Employment Board Act S.C. 2013, c. 40, s. 365 NOTE [Enacted by section 365 of chapter 40 of the Statutes of Canada, 2013, in force November 1, 2014, see SI/2014-84.] Current to June 20, 2022 Last amended on June 19, 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 19, 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 19, 2017 TABLE OF PROVISIONS An Act respecting the Federal Public Sector Labour Relations and Employment Board Short Title 1 Short title Interpretation 2 Definitions Designation of Minister 3 Power of Governor in Council Federal Public Sector Labour Relations and Employment Board Continuance and Composition 4 Continuance of Board Appointment of Members 5 Qualifications Appointments of other members from list Residence of full-time members Appointment of members Oath or solemn affirmation Remuneration 10 Remuneration Application of Other Acts 11 Application of Public Service Superannuation Act Application of certain Acts Head Office and Meetings 13 Head office Services and facilities Meetings Quorum Attendance of part-time members at meetings Decision of majority Current to June 20, 2022 Last amended on June 19, 2017 ii Federal Public Sector Labour Relations and Employment Board TABLE OF PROVISIONS Board’s Powers, Duties and Functions 19 Powers, duties and functions Powers of Board Frivolous matters Determination without oral hearing General power to assist parties Delegation by Board Chairperson 25 Chairperson’s duties Delegation by Chairperson Acting Chairperson Experts 30 Experts and advisors Protection 31 Board members and experts not compellable No disclosure of notes and drafts Immunity from proceedings — Board members, experts and others Review and Enforcement of Orders and Decisions 34 No review by court Filing of Board’s orders in Federal Court Regulations 36 Regulations Panels 37 Panels Member’s death or incapacity Powers, rights and privileges Panel’s decision Witness Fees 41 Payment of witness fees Annual Report 42 Obligation to prepare report Current to June 20, 2022 Last amended on June 19, 2017 iv S.C. 2013, c. 40, s. 365 An Act respecting the Federal Public Sector Labour Relations and Employment Board [Assented to 12th December 2013] Short Title Short title 1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act. 2013, c. 40, s. 365 “1”; 2017, c. 9, s. 36. Interpretation Definitions 2 The following definitions apply in this Act. bargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (agent négociateur) employer has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (employeur) Minister means the Minister who is designated under section 3. (ministre) 2013, c. 40, s. 365 “2”; 2017, c. 9, s. 55. Designation of Minister Power of Governor in Council 3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Sections 4-5 Federal Public Sector Labour Relations and Employment Board Continuance and Composition Continuance of Board 4 (1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board. Board’s composition (2) The Board is composed of (a) a Chairperson, who is to hold office on a full-time basis; (b) not more than two Vice-chairpersons, who are to hold office on a full-time basis; (c) not more than 12 other members who are to hold office on a full-time basis; and (d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions. 2013, c. 40, s. 365 “4”; 2017, c. 9, s. 38. Appointment of Members Qualifications 5 (1) To be eligible to hold office as a member, a person must (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (b) not hold any other office or employment under the employer; (c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is certified as a bargaining agent; and (d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Appointment of Members Sections 5-6 Exception (2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board. 2013, c. 40, s. 365 “5”; 2017, c. 9, s. 55. Appointments of other members from list 6 (1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents. Knowledge of police organizations (1.1) In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations. Contents (2) The Chairperson must set out on the list (a) the names of all eligible persons who are recommended by the employer; (b) the names of all eligible persons who are recommended by the bargaining agents; and (c) the names of any other eligible persons whom the Chairperson considers suitable for appointment. Equal numbers (3) The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents. Non-representative Board (4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions. 2013, c. 40, s. 365 “6”; 2017, c. 9, s. 39. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Appointment of Members Sections 7-10 Residence of full-time members 7 A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine. Appointment of members 8 (1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause. Term of office (2) A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years. Reappointment (3) A member is eligible for reappointment on the expiry of any term of office. Completion of duties and functions (4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member. Oath or solemn affirmation 9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ................ , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Federal Public Sector Labour Relations and Employment Board. 2013, c. 40, s. 365 “9”; 2017, c. 9, s. 57. Remuneration Remuneration 10 Every member and former member referred to in subsection 8(4) (a) is to be paid the remuneration that may be determined by the Governor in Council; and Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Remuneration Sections 10-16 (b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence. Application of Other Acts Application of Public Service Superannuation Act 11 A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of certain Acts 12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act. Head Office and Meetings Head office 13 The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act. 2013, c. 40, s. 365 “13”; 2014, c. 20, s. 471. Services and facilities 14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation. Meetings 15 (1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business. Off-site participation (2) A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting. Quorum 16 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Head Office and Meetings Sections 17-22 Attendance of part-time members at meetings 17 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation. Decision of majority 18 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board. Board’s Powers, Duties and Functions Powers, duties and functions 19 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament. Powers of Board 20 The Board has, in relation to any matter before it, the power to (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record; (b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures; (c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other; (d) administer oaths and solemn affirmations; (e) accept any evidence, whether admissible in a court of law or not; and (f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant. Frivolous matters 21 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith. Determination without oral hearing 22 The Board may decide any matter before it without holding an oral hearing. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Board’s Powers, Duties and Functions Sections 23-27 General power to assist parties 23 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled. 2013, c. 40, s. 365 “23”; 2014, c. 20, s. 471. Delegation by Board 24 The Board may (a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and (b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done. Chairperson Chairperson’s duties 25 The Chairperson has supervision over and direction of the Board’s work, including (a) the assignment and reassignment of matters that the Board is seized of to panels; (b) the composition of panels; and (c) the determination of the date, time and place of hearings. 2013, c. 40, s. 365 “25”; 2014, c. 20, s. 471. Delegation by Chairperson 26 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board. Acting Chairperson 27 (1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson. Absence of Chairperson and Vice-chairpersons (2) If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Chairperson Sections 27-33 Chairperson for more than 90 days without the Governor in Council’s approval. 28 [Repealed before coming into force, 2014, c. 20, s. 471] 29 [Repealed before coming into force, 2014, c. 20, s. 471] Experts Experts and advisors 30 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration. 2013, c. 40, s. 365 “30”; 2014, c. 20, s. 471. Protection Board members and experts not compellable 31 (1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions. Chief Administrator and employees not compellable (2) The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board. 2013, c. 40, s. 365 “31”; 2014, c. 20, s. 471. No disclosure of notes and drafts 32 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them. Immunity from proceedings — Board members, experts and others 33 (1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Protection Sections 33-34 reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions. Immunity from proceedings — Chief Administrator and employees (2) No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board. 2013, c. 40, s. 365 “33”; 2014, c. 20, s. 471. Review and Enforcement of Orders and Decisions No review by court 34 (1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. Standing of Board (2) The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures. No review by certiorari, etc. (3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction, (a) be questioned, reviewed, prohibited or restrained; or (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Review and Enforcement of Orders and Decisions Sections 35-36 Filing of Board’s orders in Federal Court 35 (1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion, (a) there is no indication, or likelihood, of failure to comply with the order; or (b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose. Effect of filing (2) An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such. Regulations Regulations 36 The Board may make regulations respecting (a) the practice and procedure for hearings and prehearing proceedings of the Board; (b) the use of any means of telecommunication in the conduct of its activities; (c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board; (d) the establishment of an expeditious procedure and matters that may be determined under that procedure; (e) the forms to be used in respect of any proceeding that may come before the Board; (f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it; (g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Regulations Sections 36-40 (h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions. Panels Panels 37 (1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member. Three-member panels (2) If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members. Chairperson of three-member panel (3) If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson. Member’s death or incapacity 38 (1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision. Chairperson’s death or incapacity (2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Powers, rights and privileges 39 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel. Panel’s decision 40 (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel. Board’s decision (2) A decision of a panel is a decision of the Board. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act Federal Public Sector Labour Relations and Employment Board Witness Fees Sections 41-42 Witness Fees Payment of witness fees 41 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court. Annual Report Obligation to prepare report 42 (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act RELATED PROVISIONS RELATED PROVISIONS — 2017, c. 9, s. 55 (2) Other references 55 (2) Unless the context requires otherwise, every reference to the Public Service Labour Relations Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Federal Public Sector Labour Relations Act. Current to June 20, 2022 Last amended on June 19, 2017 Federal Public Sector Labour Relations and Employment Board Act AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2013, c. 40, s. 469 (1), par. 9 (b), as amended by 2017, c. 9, s. 69 (9) 2009, c. 2. 469 (1) In this section, other Act means the Budget Implementation Act, 2009. (9) If section 390 of this Act comes into force before section 405 of the other Act, then, (b) on the day on which the Public Sector Equitable Compensation Act comes into force, subsection 42(1) of the Federal Public Sector Labour Relations and Employment Board Act is replaced by the following: Obligation to prepare report 42 (1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act. The report must include a summary of the reports that the Board has received under the Public Sector Equitable Compensation Act during that year. Current to June 20, 2022 Last amended on June 19, 2017

CONSOLIDATION Federal Sustainable Development Act S.C. 2008, c. 33 Current to June 20, 2022 Last amended on December 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 December 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 December 1, 2020 TABLE OF PROVISIONS An Act to require the development and implementation of a Federal Sustainable Development Strategy and the development of goals and targets with respect to sustainable development in Canada, and to make consequential amendments to another Act Short Title 1 Short title Interpretation 2 Definitions Purpose 3 Purpose Her Majesty 4 Application Basic Principle 5 Principles Committee 6 Committee on Sustainable Development Office 7 Sustainable Development Office Sustainable Development Advisory Council 8 Sustainable Development Advisory Council Federal Sustainable Development Strategy 9 Preparation Submission to Governor in Council 10.1 Power of Treasury Board Current to June 20, 2022 Last amended on December 1, 2020 ii Federal Sustainable Development TABLE OF PROVISIONS Sustainable Development Strategies of Designated Entities 11 Designated entities Designated entities over which minister presides 12.1 Deemed referral to committee 12.2 Regulations 12.3 Amendments to schedule Regulations 13 Regulations Permanent Review of Act 13.1 Permanent review of Act by parliamentary committee Transitional Provision 14 Directions Consequential Amendments Auditor General Act SCHEDULE Current to June 20, 2022 Last amended on December 1, 2020 iv S.C. 2008, c. 33 An Act to require the development and implementation of a Federal Sustainable Development Strategy and the development of goals and targets with respect to sustainable development in Canada, and to make consequential amendments to another Act [Assented to 26th June 2008] 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 Federal Sustainable Development Act. Interpretation Definitions 2 The following definitions apply in this Act. appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent) Commissioner means the Commissioner of the Environment and Sustainable Development appointed under subsection 15.1(1) of the Auditor General Act. (commissaire) designated entity means an entity named in the schedule. (entité désignée) entity means Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Interpretation Sections 2-5 (a) any body named in any of Schedules I to II to the Financial Administration Act; or (b) any Crown corporation as defined in section 2 of the Financial Administration Act. (entité) Minister means the Minister of the Environment, unless the context otherwise requires. (ministre) precautionary principle [Repealed, 2019, c. 2, s. 1] sustainability means the capacity of a thing, action, activity, or process to be maintained indefinitely. (durabilité) sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. (développement durable) target [Repealed, 2019, c. 2, s. 1] 2008, c. 33, s. 2; 2019, c. 2, s. 1. Purpose Purpose 3 The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians. 2008, c. 33, s. 3; 2019, c. 2, s. 2. Her Majesty Application 4 This Act and the regulations are binding on Her Majesty in right of Canada. Basic Principle Principles 5 The following principles shall be considered in the development of sustainable development strategies: Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Basic Principle Section 5 (a) the principle that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions; (a.1) the principle that sustainable development (i) is a continually evolving concept, (ii) may be achieved by, among other things, the protection of ecosystems, prevention of pollution, protection of human health, promotion of equity, conservation of cultural heritage, respect for domestic and international obligations relating to sustainable development and recognition of the present generation’s responsibility to provide future generations with a healthy and ecologically sound environment, and (iii) may be advanced by, among other things, taking into account the precautionary principle, the “polluter pays” principle, the principle of internalization of costs and the principle of continuous improvement; (b) the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs; (c) the principle of openness and transparency, which is the principle that the release of information should be encouraged to support accountability and public engagement; (d) the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters; (e) the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; and (f) the principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets. 2008, c. 33, s. 5; 2019, c. 2, s. 3. Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Committee Sections 6-8 Committee Committee on Sustainable Development 6 A committee of the Queen’s Privy Council for Canada, consisting of a Chairperson and other members of the Queen’s Privy Council for Canada, shall have oversight of the development and implementation of the Federal Sustainable Development Strategy. Office Sustainable Development Office 7 (1) The Minister shall establish a Sustainable Development Office within the Department of the Environment to develop and maintain systems and procedures to monitor progress on implementation of the Federal Sustainable Development Strategy. Report (2) The Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy. Contribution of designated entities (3) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report. Tabling in each House of Parliament (4) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Deemed referral to appropriate committee (5) A report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2008, c. 33, s. 7; 2010, c. 16, s. 1; 2019, c. 2, s. 4. Sustainable Development Advisory Council Sustainable Development Advisory Council 8 (1) The Minister shall appoint a Sustainable Development Advisory Council composed of one representative Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Sustainable Development Advisory Council Sections 8-9 from each province and territory, six representatives of Aboriginal peoples, and three representatives from each of the following: (a) [Repealed, 2019, c. 2, s. 5] (b) environmental non-governmental organizations; (c) organizations representative of business; and (d) organizations representative of labour. Demographic representation (1.1) The Minister shall, when appointing representatives to the Sustainable Development Advisory Council, seek to reflect the diversity of Canadian society by taking into account demographic considerations such as age and gender. Chair (2) The Minister is the chair of the Sustainable Development Advisory Council. Mandate (2.1) The mandate of the Sustainable Development Advisory Council is to advise the Minister on any matter related to sustainable development, including matters referred to it by the Minister. Expenses (3) The representatives appointed to the Sustainable Development Advisory Council may be paid reasonable expenses incurred by them in connection with the business of the Council, subject to applicable Treasury Board directives. 2008, c. 33, s. 8; 2019, c. 2, s. 5. Federal Sustainable Development Strategy Preparation 9 (1) The Minister shall develop, in accordance with this section, a Federal Sustainable Development Strategy within two years after this Act comes into force and at least once within every three-year period after that or, as of November 10, 2017, at least once within every threeyear period beginning on that date. Contribution of designated entities (1.1) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Federal Sustainable Development Strategy Sections 9-10 the development of the Federal Sustainable Development Strategy. Content (2) The Federal Sustainable Development Strategy shall set out federal sustainable development goals and targets and an implementation strategy for meeting each target and identify the minister responsible for meeting each target. Each target shall be measurable and shall include a time frame. Consultation: first draft (3) The Minister shall submit a draft of the Federal Sustainable Development Strategy to the Sustainable Development Advisory Council, the appropriate committee of each House of Parliament and the public for review and comment, for which the Minister shall allow a period of not less than 120 days. Consultation: first draft (4) The Minister shall at the same time submit the draft of the Federal Sustainable Development Strategy to the Commissioner for review and comment, including as to whether each target is measurable and includes a time frame, for which the Minister shall allow a period of not less than 120 days. 2008, c. 33, s. 9; 2010, c. 16, s. 2; 2019, c. 2, s. 6. Submission to Governor in Council 10 (1) The Minister shall, within the period referred to in subsection 9(1), submit the Federal Sustainable Development Strategy to the Governor in Council for approval as the official Federal Sustainable Development Strategy. Tabling in each House of Parliament (2) The Minister shall cause the official Federal Sustainable Development Strategy to be tabled in each House of Parliament within the period referred to in subsection 9(1) or on any of the first 15 days on which that House is sitting after that period. Deemed referred to committee (3) The Federal Sustainable Development Strategy that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2008, c. 33, s. 10; 2010, c. 16, s. 3; 2019, c. 2, s. 7. Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Federal Sustainable Development Strategy Sections 10.1-11 Power of Treasury Board 10.1 The Treasury Board may establish policies or issue directives applicable to one or more of the designated entities in relation to the sustainable development impact of their operations. 2019, c. 2, s. 8. Sustainable Development Strategies of Designated Entities Designated entities 11 (1) Within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), every designated entity other than a designated entity referred to in section 12 shall (a) prepare a sustainable development strategy that (i) contains objectives and plans for the designated entity, (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) provide the sustainable development strategy to the appropriate Minister with respect to the designated entity. Tabling in each House of Parliament (2) The appropriate Minister shall cause the sustainable development strategy to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the appropriate Minister receives it. Report (3) The designated entity shall, at least once in each of the two years following the tabling of its sustainable development strategy in a House of Parliament under subsection (2), provide the appropriate Minister with a report on its progress in implementing the sustainable development strategy. The appropriate Minister shall cause the report to be tabled in each House of Parliament Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Sustainable Development Strategies of Designated Entities Sections 11-12 on any of the first 15 days on which that House is sitting after the appropriate Minister receives it. 2008, c. 33, s. 11; 2010, c. 16, s. 4; 2019, c. 2, s. 8. Designated entities over which minister presides 12 (1) In the case of a designated entity over which a minister presides, the minister who presides over the designated entity shall (a) within one year after a Federal Sustainable Development Strategy is tabled in a House of Parliament under subsection 10(2), prepare a sustainable development strategy with respect to the designated entity that (i) contains objectives and plans for the designated entity, (ii) complies with the Federal Sustainable Development Strategy and contributes to the meeting of its goals, (iii) takes into account the designated entity’s mandate, (iv) takes into account any of the applicable policies or directives of the Treasury Board that are established or issued under section 10.1, and (v) takes into account comments made under subsections 9(3) or (4); and (b) cause the designated entity’s sustainable development strategy to be tabled in each House of Parliament within the year referred to in paragraph (a) or on any of the first 15 days on which that House is sitting after that year. Report (2) The minister presiding over the designated entity shall, at least once in each of the two years following the tabling of the designated entity’s sustainable development strategy in a House of Parliament under paragraph (1)(b), prepare a report on the progress of the designated entity in implementing its sustainable development strategy. That minister shall cause the report to be tabled in each House of Parliament within the year in which the report shall be prepared or on any of the first 15 days on which that House is sitting after that year. 2008, c. 33, s. 12; 2019, c. 2, s. 8. Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Sustainable Development Strategies of Designated Entities Sections 12.1-13.1 Deemed referral to committee 12.1 A sustainable development strategy or report that is tabled in a House of Parliament under section 11 or 12 is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2019, c. 2, s. 8. Regulations 12.2 The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the form in which a sustainable development strategy is to be prepared and the information that is required to be contained in it. 2019, c. 2, s. 8. Amendments to schedule 12.3 The Governor in Council may, by order, amend the schedule (a) to add or amend an item, in order to subject an entity to the application of this Act; or (b) to remove or amend an item, in order to exclude an entity from the application of this Act, on the recommendation of the entity’s appropriate Minister. 2019, c. 2, s. 8. Regulations Regulations 13 The Governor in Council may make regulations for the purpose of achieving any of the goals of this Act. Permanent Review of Act Permanent review of Act by parliamentary committee 13.1 (1) The administration of this Act shall, every five years after the day on which this section comes into force, stand referred to any committee of the Senate or the House of Commons that normally considers matters relating to sustainable development, or of both Houses of Parliament, that may be designated or established for that purpose. Review and report to Parliament (2) The committee designated or established for the purpose of subsection (1) shall, as soon as feasible, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development Permanent Review of Act Sections 13.1-19 is undertaken or within any further time that the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament, including a statement of any changes to this Act or its administration that the committee would recommend. 2019, c. 2, s. 9. Transitional Provision Directions 14 The directions made under subsection 24(3) of the Auditor General Act, as this subsection read immediately before the coming into force of section 18 of this Act, remain in force and are deemed to have been made under subsection 11(3) of this Act. Consequential Amendments Auditor General Act 15 [Amendments] 16 [Amendment] 17 [Amendment] 18 [Amendment] 19 [Amendment] Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development SCHEDULE SCHEDULE (Sections 2 and 12.3) Any department named in Schedule I to the Financial Administration Act Any division or branch of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act Any corporation named in Schedule II to the Financial Administration Act National Capital Commission The Jacques-Cartier and Champlain Bridges Inc. 2008, c. 33, Sch.; 2013, c. 33, s. 194; 2019, c. 2, s. 10; SOR/2019-177, s. 1. Current to June 20, 2022 Last amended on December 1, 2020 Federal Sustainable Development RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 2, s. 11 Subsection 7(3) of Federal Sustainable Development Act 11 For the first report referred to in subsection 7(2) of the Federal Sustainable Development Act prepared after the day on which this Act comes into force, subsection 7(3) of the Federal Sustainable Development Act applies only in respect of designated entities, as defined in section 2 of that Act, that were subject to that Act before that day. — 2019, c. 2, s. 12 Sections 11 and 12 of Federal Sustainable Development Act 12 In respect of designated entities, as defined in section 2 the Federal Sustainable Development Act, that become subject to that Act on the day on which this Act comes into force, sections 11 and 12 of the Federal Sustainable Development Act, as enacted by section 8 of this Act, apply only in respect of any Federal Sustainable Development Strategy tabled in a House of Parliament on or after that day. Current to June 20, 2022 Last amended on December 1, 2020

CONSOLIDATION Fertilizers Act R.S.C., 1985, c. F-10 Current to June 20, 2022 Last amended on July 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 July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2020 TABLE OF PROVISIONS An Act respecting fertilizers and supplements Short Title 1 Short title Interpretation 2 Definitions Prohibitions 3 Absence of registration, etc. 3.1 Fertilizers and supplements presenting risk of harm 3.2 Prescribed activity with licence or registration 3.3 Prescribed activity in registered establishment 3.4 Recall order — Canadian Food Inspection Agency Act Destructive ingredients or harmful properties Regulations 5 Regulations Incorporation by Reference 5.1 Incorporation by reference Registrations and Licences 5.2 Persons 5.3 Establishments 5.4 Amendment, suspension, cancellation and renewal General 5.5 Export certificates 5.6 Disposition of samples 5.7 Consideration of information Enforcement 6 Designation of inspectors and analysts Powers of inspectors Current to June 20, 2022 Last amended on July 1, 2020 ii Fertilizers TABLE OF PROVISIONS Obstruction of inspectors Seizure 9.1 Removal or destruction of unlawful imports Analysis 9.2 Analysis and examination Limitation on Liability 9.3 Her Majesty not liable 9.4 No liability Offences and Punishment 10 Offences 10.1 Parties to offence Proof of offence 11.1 Limitation period Certificate of analyst Venue Current to June 20, 2022 Last amended on July 1, 2020 iv R.S.C., 1985, c. F-10 An Act respecting supplements fertilizers and Short Title Short title 1 This Act may be cited as the Fertilizers Act. R.S., c. F-9, s. 1. Interpretation Definitions 2 In this Act, analyst means a person designated as an analyst pursuant to section 6; (analyste) conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container; (véhicule) document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document) environment means the components of the Earth and includes (a) air, land and water, (b) all layers of the atmosphere, (c) all organic and inorganic matter and living organisms, and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement) establishment means any place, including a conveyance, where a fertilizer or supplement is manufactured, stored, packaged or labelled; (établissement) Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Interpretation Section 2 fertilizer means any substance or mixture of substances, containing nitrogen, phosphorus, potassium or other plant food, manufactured, sold or represented for use as a plant nutrient; (engrais) inspector means a person designated as an inspector pursuant to section 6; (inspecteur) item to which this Act applies means (a) a fertilizer or supplement, (b) anything used in an activity regulated under this Act, and (c) a document that is related to a fertilizer or supplement or to any activity regulated under this Act; (chose visée par la présente loi) label includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any fertilizer, supplement or package; (étiquette) Minister means the Minister of Agriculture and AgriFood; (ministre) package includes a sack, bag, barrel, case or any other container in which fertilizers or supplements are placed or packed; (emballage) penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction) prescribed means prescribed by regulation; (Version anglaise seulement) sell includes sell, offer for sale, expose for sale, have in possession for sale and distribute; (vente) supplement means any substance or mixture of substances, other than a fertilizer, that is manufactured, sold or represented for use in the improvement of the physical condition of soils or to aid plant growth or crop yields; (supplément) Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission) violation means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act. (violation) R.S., 1985, c. F-10, s. 2; 1994, c. 38, s. 25; 1995, c. 40, s. 50; 1997, c. 6, s. 48; 2012, c. 24, s. 88; 2015, c. 2, s. 63. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Interpretation Sections 2-3.3 Prohibitions Absence of registration, etc. 3 No person shall sell, or import into Canada, any fertilizer or supplement unless the fertilizer or supplement (a) has, in accordance with the regulations, been approved by the Minister or registered; (b) conforms to prescribed standards; and (c) is packaged and labelled in accordance with the regulations. R.S., 1985, c. F-10, s. 3; 2015, c. 2, s. 64. Fertilizers and supplements presenting risk of harm 3.1 No person shall manufacture, sell, import or export in contravention of the regulations any fertilizer or supplement that presents a risk of harm to human, animal or plant health or the environment. 2015, c. 2, s. 65. Prescribed activity with licence or registration 3.2 No person shall conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the person is authorized to do so by a registration made under subsection 5.2(1), by a licence issued under that subsection or by both such a registration and licence, as provided for in the regulations. 2015, c. 2, s. 65. Prescribed activity in registered establishment 3.3 No person shall conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — unless the activity is conducted in an establishment registered under subsection 5.3(1) in accordance with the regulations. 2015, c. 2, s. 65. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Prohibitions Sections 3.4-5 Recall order — Canadian Food Inspection Agency Act 3.4 No person shall sell a fertilizer or supplement that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act. 2015, c. 2, s. 65. Destructive ingredients or harmful properties 4 No person shall sell any fertilizer or supplement that contains destructive ingredients or properties harmful to plant growth when used according to the directions that accompany the fertilizer or supplement or that appear on the label of the package in which the fertilizer or supplement is contained. R.S., c. F-9, s. 9. Regulations Regulations 5 (1) The Governor in Council may make regulations (a) respecting applications for registration or for approval of fertilizers or supplements and the information to be furnished with the applications; (b) respecting the registration of fertilizers and supplements and prescribing fees for registration; (b.1) respecting the approval of fertilizers and supplements; (c) respecting the duration and cancellation of the registration or approval of fertilizers and supplements; (c.1) respecting the manufacturing, sale, importation or exportation of any fertilizer or supplement that presents a risk of harm to human, animal or plant health or the environment; (c.2) respecting the sending or conveying from one province to another or the importation or exportation of any fertilizer or supplement; (c.3) respecting the manufacturing or sale of any fertilizer or supplement that is to be exported or to be sent or conveyed from one province to another; (c.4) respecting the sale of any fertilizer or supplement that has been imported; (d) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of a fertilizer or supplement, from the Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Regulations Section 5 application of this Act or the regulations or a provision of this Act or the regulations; (e) prescribing the form, composition and other standards for fertilizers and supplements; (f) respecting the packaging of fertilizers and supplements and the labelling of packages thereof; (f.1) respecting the evaluation of a fertilizer or supplement, including regulations respecting (i) the provision of samples of the fertilizer or supplement, (ii) the provision of information in respect of the fertilizer or supplement, including information that (A) permits the fertilizer or supplement to be distinguished from other fertilizers or supplements, and (B) is required for evaluating the potential impact of the fertilizer or supplement on, and the risk of harm posed by the fertilizer or supplement to, human, animal or plant health or the environment, and (iii) the evaluation of the potential impact of the fertilizer or supplement on, and the risk of harm posed by the fertilizer or supplement to, human, animal or plant health or the environment; (g) respecting the taking of samples and the making of analyses for the purposes of this Act; (g.1) requiring persons to take or keep samples of any fertilizer or supplement, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided; (h) providing that fertilizers registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act; (h.1) respecting (i) the registration of persons or the issuing of licences to persons under section 5.2 or the registration of establishments under section 5.3, Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Regulations Section 5 (ii) the suspension, cancellation and renewal of those licences and registrations, and (iii) the amendment of those licences and registrations or of any of the conditions to which they are subject by reason of subsection 5.2(3) or 5.3(4); (h.2) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act; (i) respecting the detention, preservation and safeguarding of anything seized under section 9; (j) respecting the disposition of anything forfeited under section 9; (j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting (i) the information in those documents, (ii) the manner in which they are to be prepared, kept or maintained, (iii) the place where they are to be kept or maintained, and (iv) the manner in which they are to be provided or access to them is to be provided; (j.2) respecting the issuance of certificates or other documents for the purpose of section 5.5; (k) prescribing anything else that by this Act is required to be prescribed; and (l) generally, for carrying out the purposes and provisions of this Act. Paragraphs (1)(c.1) and (c.2) (1.1) Regulations made under paragraph (1)(c.1) or (c.2) may, among other things, establish preclearance or intransit requirements for any imported fertilizer or supplement or anything imported with it. Paragraph (1)(j.1) (1.2) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a fertilizer or supplement presents a risk of harm to Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Regulations Sections 5-5.1 human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector. Regulations — international agreements (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions: (a) Article 20.45 of the Canada–United States–Mexico Agreement; (b) paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or (c) Article 18.47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement. Definitions (3) The following definitions apply in subsection (2). Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–ÉtatsUnis–Mexique) Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act. (Accord de partenariat transpacifique global et progressiste) WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC) R.S., 1985, c. F-10, s. 5; 1993, c. 44, s. 155; 1994, c. 47, s. 115; 2002, c. 28, s. 84; 2015, c. 2, s. 66; 2020, c. 1, s. 53. Incorporation by Reference Incorporation by reference 5.1 (1) A regulation made under subsection 5(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Incorporation by Reference Sections 5.1-5.2 Accessibility (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 5(1), including any amendments to the document, is accessible. Defence (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 5(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 5(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2015, c. 2, s. 67. Registrations and Licences Persons 5.2 (1) The Minister may, on application, register a person, or issue a licence to a person, authorizing them to conduct a prescribed activity in respect of a prescribed fertilizer or supplement that has been imported for sale — or that is to be exported or to be sent or conveyed from one province to another — or both register a person and issue them a licence. Conditions — regulations (2) The registration and the licence are subject to the prescribed conditions. Conditions — Minister (3) The Minister may make a registration or licence subject to any additional conditions that he or she considers appropriate. Obligation to comply (4) The holder of the registration or licence must comply with all the conditions to which the registration or licence is subject. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Registrations and Licences Sections 5.2-5.5 No transfer (5) The registration or licence is not transferable. 2015, c. 2, s. 67. Establishments 5.3 (1) The Minister may, on application, register an establishment as one where a prescribed activity may be conducted in respect of a prescribed fertilizer or supplement that has been imported for sale or that is to be exported or to be sent or conveyed from one province to another. Holder (2) The applicant in respect of an establishment is the holder of the registration. Conditions — regulations (3) The registration is subject to the prescribed conditions. Conditions — Minister (4) The Minister may make a registration subject to any additional conditions that he or she considers appropriate. Obligation to comply (5) The holder of the registration must comply with all the conditions to which the registration is subject. No transfer (6) The registration is not transferable. 2015, c. 2, s. 67. Amendment, suspension, cancellation and renewal 5.4 Subject to the regulations, the Minister may amend, suspend, cancel or renew a registration made under subsection 5.2(1) or 5.3(1) or a licence issued under subsection 5.2(1). 2015, c. 2, s. 67. General Export certificates 5.5 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any fertilizer or supplement. 2015, c. 2, s. 67. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers General Sections 5.6-7 Disposition of samples 5.6 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate. 2015, c. 2, s. 67. Consideration of information 5.7 In considering an application made under the regulations in relation to a fertilizer or supplement, the Minister may consider information that is available from a review or evaluation of a fertilizer or supplement conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states. 2015, c. 2, s. 67. Enforcement Designation of inspectors and analysts 6 (1) The President of the Canadian Food Inspection Agency may designate under section 13 of the Canadian Food Inspection Agency Act the inspectors and analysts necessary for the administration and enforcement of this Act. Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. R.S., 1985, c. F-10, s. 6; 1997, c. 6, s. 49; 2005, c. 38, s. 113. Powers of inspectors 7 (1) Subject to subsection (1.1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) enter any place in which the inspector believes on reasonable grounds there is any article to which this Act applies; Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Enforcement Section 7 (b) open any package found in that place that the inspector believes on reasonable grounds contains any such article; (c) examine the article and take samples thereof; and (d) remove anything from that place for the purpose of examination, conducting tests or taking samples. Warrant required to enter dwelling-house (1.1) Where any place referred to in paragraph (1)(a) 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 paragraph (1)(a) 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. Assistance to inspectors (2) The owner or person in charge of any place described in subsection (1) and every person found in that place shall give an 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. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Enforcement Sections 7-9.1 Provision of documents, information or samples (3) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. R.S., 1985, c. F-10, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 9; 2015, c. 2, s. 68. Obstruction of inspectors 8 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act. False statements (2) No person shall make a false or misleading statement either orally or in writing to an inspector or other officer engaged in carrying out his duties or functions under this Act. R.S., c. F-9, s. 8. Seizure 9 (1) Where an inspector believes on reasonable grounds that this Act or the regulations have been contravened, the inspector may seize any article by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Release of seized article (2) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to an article seized under this Act have been complied with, the article must be released. Forfeiture (3) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, in addition to any penalty or punishment imposed, order that any article by means of or in relation to which the violation or offence was committed, be forfeited to Her Majesty in right of Canada. R.S., 1985, c. F-10, s. 9; 1995, c. 40, s. 51; 2015, c. 2, s. 69. Removal or destruction of unlawful imports 9.1 (1) An inspector who has reasonable grounds to believe that an imported fertilizer or supplement does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the fertilizer or supplement is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Enforcement Section 9.1 Notice (2) The notice must either be delivered personally to the owner or importer of the fertilizer or supplement or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the fertilizer or supplement is not removed from Canada or destroyed within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 9(2), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. Suspension of application of subsection (3) (4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the fertilizer or supplement will not be sold within that period; (c) the measures that should have been taken for the fertilizer or supplement not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the fertilizer or supplement does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector may cancel the notice if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the fertilizer or supplement has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the fertilizer or supplement did not meet the requirements of the regulations when it was imported, it Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Enforcement Sections 9.1-9.3 was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. Non-application of Statutory Instruments Act (7) The Statutory Instruments Act does not apply in respect of the notice. 2015, c. 2, s. 70. Analysis Analysis and examination 9.2 An inspector may submit to an analyst, for analysis or examination, (a) any sample taken by an inspector, or provided to the Minister or an inspector, under this Act; or (b) anything removed under paragraph 7(1)(d), any article seized under subsection 9(1) or any sample of that thing or article. 2015, c. 2, s. 70. Limitation on Liability Her Majesty not liable 9.3 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable (a) for any costs, loss or damage resulting from the compliance; or (b) to pay any fee, including any rent or charge, for what is done or permitted to be done. 2015, c. 2, s. 70. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Limitation on Liability Sections 9.4-11.1 No liability 9.4 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. 2015, c. 2, s. 70. Offences and Punishment Offences 10 Every person who contravenes any provision of this Act or the regulations or fails to do anything that the person is ordered to do by an inspector under this Act is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both. R.S., 1985, c. F-10, s. 10; 1995, c. 40, s. 52; 2015, c. 2, s. 71. Parties to offence 10.1 If a person other than an individual commits an offence under section 10, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. 1997, c. 6, s. 50; 2015, c. 2, s. 72. Proof of offence 11 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 an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or 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. R.S., 1985, c. F-10, s. 11; 2015, c. 2, s. 72. Limitation period 11.1 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises. 2015, c. 2, s. 72. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers Offences and Punishment Sections 12-13 Certificate of analyst 12 In any proceedings for a violation, or for an offence under this Act, a certificate of an analyst stating that the analyst has analyzed or examined a substance or a sample submitted to the analyst by an inspector and stating the result of the examination is evidence of the statement contained in the certificate. R.S., 1985, c. F-10, s. 12; 1995, c. 40, s. 53. Venue 13 A complaint or information in respect of an offence under this Act may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. F-10, s. 13; R.S., 1985, c. 27 (1st Supp.), s. 203. Current to June 20, 2022 Last amended on July 1, 2020 Fertilizers RELATED PROVISIONS RELATED PROVISIONS — 1997, c. 6, s. 50 (2) Transitional 50 (2) For greater certainty, the two year limitation period provided for in subsection 10.1(1) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection. Current to June 20, 2022 Last amended on July 1, 2020