M-11.5 - Act respecting transparency measures in the mining, oil and gas industries

Section 7 Disposition versions

2015-10-21

7. For the purposes of the first paragraph of section 6,

(1)  a payment that is made to an employee or public office holder of a payee is deemed to have been made to the payee;

(2)  a payment that is due to a payee and is received on the payee’s behalf by a body that is not itself a payee is deemed to have been made to the payee to whom the payment is due;

(3)  a payment made by a legal person, corporation, trust or organization that is not subject to this Act but is controlled by an entity that is subject to it is deemed to have been made by that entity;

(4)  a payment made by any intermediary on behalf of an entity that is subject to this Act, or on behalf of a legal person, corporation, trust or organization that engages in exploration for or development of mineral substances or hydrocarbons or holds a permit, right, licence, lease or other authorization to engage in either of those activities, is deemed to have been made by that entity or by that legal person, corporation, trust or organization;

(5)  a payment made to a payee referred to in paragraph 5 of the definition of “payee” in section 3 is deemed to have been made to the payee for whom that payee exercises, or is established to exercise, powers or duties of government; and

(6)  the value of a payment in kind is the cost to the entity subject to this Act of the property or services it provided or, if the cost cannot be determined, the fair market value of the property or services.

2015, c. 23, s. 7.