Search - contravention

The definition includes a contravention of any Act of Parliament or the legislature of a province, including any regulations made under any such Act and a serious breach of the code of conduct: Wrongdoings 8 This Act applies in respect of the following wrongdoings in or relating to the public sector: (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act; (b) a misuse of public funds or a public asset; (c) a gross mismanagement in the public sector; (d) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of a public servant; (e) a serious breach of a code of conduct established under section 5 or 6; and (f) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e). (g) [Repealed, 2006, c. 9, s. 197] Actes répréhensibles 8 La présente loi s’applique aux actes répréhensibles ci-après commis au sein du secteur public ou le concernant: a) la contravention d’une loi fédérale ou provinciale ou d’un règlement pris sous leur régime, à l’exception de la contravention de l’article 19 de la présente loi; b) l’usage abusif des fonds ou des biens publics; c) les cas graves de mauvaise gestion dans le secteur public; d) le fait de causer — par action ou omission — un risque grave et précis pour la vie, la santé ou la sécurité humaines ou pour l’environnement, à l’exception du risque inhérent à l’exercice des attributions d’un fonctionnaire; e) la contravention grave d’un code de conduite établi en vertu des articles 5 ou 6; f) le fait de sciemment ordonner ou conseiller à une personne de commettre l’un des actes répréhensibles visés aux alinéas a) à e). g) [Aborgé, 2006, ch. 9, art. 197] [13]   Section 12 of the PSDPA provides that a public servant may disclose to his or her supervisor or designated senior officer information that the public servant believes could show wrongdoing. ...

The stated contravention was the plaintiff's failure to report, contrary to section 12 of the Act, the jewellery on his return to Canada from a trip to the United States. ... Page: 14 which this Act or the regulations have been contravened, from the time of such use, and no act or proceeding subsequent to the contravention or use is necessary to effect the forfeiture of such goods or conveyances. 123. ... The contravention of the Act occurs when an incorrect declaration is made on behalf of an importer and the source of the error is irrelevant. ...

The question of introduction into evidence at the criminal trial of documents of which knowledge has been obtained as the result of a search warrant which has been quashed, subsection 231(4) of the Income Tax Act being found to be in contravention of section 8 of the Constitution Act and therefore inoperative, is not one to be decided here. ... Looking at it briefly I note that in the Ontario High Court of Justice Callon, J in the case of The Queen v Ronald A Roth, Power Sport of Canada Limited and Microvue Products Inc, [1984] CTC 185; 84 DTC 6181 decided that the provisions of subsection 231(4) were not in contravention of section 8 of the Charter, stating at 189 [6184]: The powers and procedures set forth in section 231 of the Act are necessary and appropriate for the due functioning of the Taxation system in effect in Canada. ... This was considered in the Saskatchewan Court of Queen’s Bench by Noble, J in Re Weigel and The Queen, 7 CCC (3d) 82, under section 443 was inadequate so the warrant was quashed, the search and seizure being found unreasonable and in contravention of section 8 of the Canadian Charter of Rights and Freedoms. ...

Contravention of section 73, 74 or 90   243. (1) Unless section 239, 241, 242 or 243.1 or subsection (2) applies, every person who contravenes section 73, 74 or 90 is liable to a penalty equal to   (a) if the contravention relates to spirits, 200% of the duty that was imposed on the spirits; or   (b) if the contravention relates to wine, $1.24 per litre of that wine.     ...

.: In February 1988, when the plaintiff was an importer of oriental crafts, he contravened the Customs Act. 1 As a result of this contravention, a quantity of jewellery and watches owned by the plaintiff was seized as forfeit by Customs officials. 2 The plaintiff commenced this action against the Crown for negligent misrepresentation, resulting in economic damage, for failing to inform him of the date of the auction at which the goods seized as forfeit from him were sold. ... FACTUAL BACKGROUND On November 7, 1989, a letter was forwarded to the plaintiff advising him of decisions made by or on behalf of the Minister of National Revenue that he was in contravention of the Customs Act, and that the goods seized as forfeit would be returned to him on the payment of $88,399.83. 3 The plaintiff did not pay the amount stipulated by the Minister. Nor did he appeal the Minister"s determination that a contravention of the Act had occurred. ...

Justice Shore BETWEEN: JEYLANI SHARIF MOWLANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents ORDER UPON motion on behalf of the Applicant for a stay of removal, scheduled for tomorrow, August 9, 2019, pending the determination of an application for leave and judicial review of a Pre-removal Risk Assessment decision; AND UPON having read and considered the written submissions, as well as having heard the oral submissions of both parties; Subsequent to consideration of the tripartite conjunctive criteria of the Toth v Canada test (Toth v Canada (Minister of Employment and Immigration), (1988) 86 NR 302 (FCA)); RECOGNIZING that the standard of review of an enforcement officer’s decision is that of reasonableness, a strong case must exist within specific context under the circumstances; whereas, there is ample objective and subjective evidence to demonstrate serious peril to life and limb as shown herein (Baron v Canada (Public Safety and Emergency Preparedness), 2009 FCA 81); ACKNOWLEDGING the higher standard in respect of serious issue on a matter of refusal to defer a stay; and recognizing, if a stay is granted, it has bearing on the underlying judicial review application (Wang v Canada (Minister of Citizenship and Immigration), 2001 FCT 148, [2001] FCJ No 295 (TD)); RECOGNIZING the consequences of the Applicant’s crime of absconding food stamps, worth $200,000 committed in 2004 and for which he was convicted in 2011 (food stamps used in his store by which customers did benefit as did he with exchanges for the food stamps, in contravention of the food stamp scheme; the Applicant was sentenced to three years of probation and monthly restitution of food stamp value, which he made in monthly payments until his departure from the United States, when the Applicant was informed that he will be removed to his country of origin, Somalia); all of which the Court weighed against the background of serious peril to the Applicant’s life and limb, if he is returned to his country of origin. ...

Justice Linden, speaking for the court, said at page 6364 as follows: However, even if I found the arrangement before me to be a partnership according to the partnership definition, Leasing’s and Continental’s participation in the partnership would be legally invalid by virtue of their contravention of the Bank Act. ...

  [15]            The decision under section 133 is dependent on the statement of contravention before the Court. ... The $5,000 penalty imposed by the CBSA and confirmed in administrative review is lower than the maximum penalty authorized by section 109.1 of the Act, which is $25,000, and corresponds to 20% of the value for duty of the unreported statuette for a first contravention. ...

Greenslade, on behalf of the Respondent, acted in contravention of the Order by arranging the sale of at least one of the demanded assets, the 2006 Case 430 (point (v) above), to a third party. ... Stone [1989] NBJ No. 820 at paragraphs 5 to 7. [12]            I note also that the Respondent acted unilaterally in this regard and in clear contravention of the June 3 Order. ...

This Act applies in respect of the following wrongdoings in or relating to the public sector:       (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act;  . . . ... La présente loi s’applique aux actes répréhensibles ci-après commis au sein du secteur public ou le concernant :   a) la contravention d’une loi fédérale ou provinciale ou d’un règlement pris sous leur régime, ŕ l’exception de la contravention de l’article 19 de la présente loi;   […] c) les cas graves de mauvaise gestion dans le secteur public;   12.   ...