SECTION 29

Ministerial Fees Orders

29.(1) The Minister may make orders prescribing any fees or charges, or the manner of calculating any fees or charges, to be paid

(a) for services or the use of facilities provided by the Minister in the administration of this Act; or

(b) in relation to filing documents or applying for or issuing permits or approvals under this Act.

(2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay the fees or charges.

BEHIND THE WORDS

This section will initially be used to establish a fee for filing an application for an equivalency permit under subsection 31(1).

In addition, fees are intended to be assessed for inspections requested by a company. The fee to be assessed in such cases would be a flat rate. Expenses for travel would apply only if the travel was outside of Canada.

Note that Section 30 requires that such fees be established in the same fashion as regulations i.e., through publication in the Canada Gazette.

Fees would not be paid by federal or provincial departments nor by certain Crown corporations.

It is not an offence under this Act to decline to pay a fee or charge. However if the fee or charge is not paid the services, etc., need not be provided. Further, if the services, etc., were first provided, there is a contractual requirement to pay the fee or charge.

RELATED SECTIONS

Section 30 - Advance notice must appear in the Canada Gazette

Section 31 - Equivalency permit

COURT DECISIONS OF INTEREST

"Please refer to the disclaimer on page 0-1"

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