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Bill C-17

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52-53 ELIZABETH II

CHAPTER 16

An Act to amend certain Acts

[Assented to 6th May, 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 Amendments and Corrections Act, 2003.

1999, c. 17

CANADA CUSTOMS AND REVENUE AGENCY ACT

2. Section 21 of the French version of the Canada Customs and Revenue Agency Act is replaced by the following:

Indemnisa-
tion

21. Les administrateurs et le commissaire délégué nommé en vertu du paragraphe 26(1) sont réputés être des agents de l'État pour l'application de la Loi sur l'indemnisation des agents de l'État et appartenir à l'administration publique fédérale pour l'application des règlements pris en vertu de l'article 9 de la Loi sur l'aéronautique.

3. The heading before section 25 of the French version of the Act is replaced by the following:

Commissaire et commissaire délégué

4. Sections 26 to 29 of the French version of the Act are replaced by the following:

Nomination et mandat du commissaire délégué

26. (1) Le gouverneur en conseil peut nommer un commissaire délégué des douanes et du revenu à titre amovible pour un mandat maximal de cinq ans. Celui-ci peut recevoir un ou plusieurs nouveaux mandats d'au plus cinq ans chacun.

Attributions du commissaire délégué

(2) Le commissaire délégué exerce les attributions que lui confie le commissaire.

Absence ou empêchement du commissaire

(3) En cas d'absence ou d'empêchement du commissaire ou de vacance de son poste, sa charge est assumée par le commissaire délégué.

Absence ou empêchement

27. En cas d'absence ou d'empêchement du commissaire et du commissaire délégué ou de vacance de leur poste, le ministre peut confier à un employé de l'Agence les attributions du commissaire; cependant, l'intérim ne peut dépasser soixante jours sans l'approbation du gouverneur en conseil.

Temps plein

28. (1) Le commissaire et le commissaire délégué assument leur charge à temps plein.

Rémunéra-
tion

(2) L'Agence verse au commissaire et au commissaire délégué la rémunération que fixe le gouverneur en conseil.

Frais de déplacement et de séjour

29. Le commissaire et le commissaire délégué sont indemnisés des frais de déplacement et de séjour entraînés par l'accomplissement de leurs fonctions hors de leur lieu habituel de travail.

5. Section 57 of the French version of the Act is replaced by the following:

Activités politiques

57. Les articles 32 à 34 de la Loi sur l'emploi dans la fonction publique s'appliquent aux commissaire, commissaire délégué et employés de l'Agence. À ces fins, les commissaire et commissaire délégué sont réputés être des administrateurs généraux, et les employés, des fonctionnaires, au sens de l'article 2 de cette loi.

R.S., c. 1 (2nd Supp.)

CUSTOMS ACT

2001, c. 25, s. 36

6. Paragraph 43.1(1)(b) of the French version of the Customs Act is replaced by the following:

    b) s'agissant de marchandises exportées d'un pays ALÉNA, du Chili ou du Costa Rica, sur toute autre question portant sur l'application à celles-ci du paragraphe 1 de l'article 509 de l'ALÉNA, du paragraphe 1 de l'article E-09 de l'ALÉCC ou du paragraphe 1 de l'article V.9 ou du paragraphe 10 de l'article IX.2 de l'ALÉCCR, selon le cas;

R.S., c. F-11

FINANCIAL ADMINISTRATION ACT

1991, c. 24, s. 29

7. Section 104.1 of the Financial Administration Act is replaced by the following:

Definition of ``officer-direct or''

104.1 In this Division, ``officer-director'', in respect of a parent Crown corporation, means the chairperson and the chief executive officer of the corporation, by whatever name called.

8. (1) Subsection 105(4) of the Act is replaced by the following:

Continuation in office

(4) Despite subsection (1), if a director of a parent Crown corporation is not appointed to take office on the expiration of the term of an incumbent director, other than an officer-director, the incumbent director continues in office until his or her successor is appointed.

(2) Subsection 105(8) of the Act is replaced by the following:

Qualifica-
tions preserved

(8) Nothing in this section is to be construed as empowering the appointment or re-appointment as a director or officer-director of a parent Crown corporation, or the continuation in office as a director of a parent Crown corporation, of any person who does not meet any qualifications for the appointment, re-appointment or continuation established by any other Act of Parliament.

R.S., c. I-3

IMPORTATION OF INTOXICATING LIQUORS ACT

2002, c. 22

9. Subparagraph 3(2)(e)(i) of the Importation of Intoxicating Liquors Act, as enacted by subsection 411(7) of the Excise Act, 2001, is replaced by the following:

      (i) are entitled to the benefit of the Costa Rica Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

R.S., c. L-8

LIEUTENANT GOVERNORS SUPERANNUATION ACT

10. (1) The definition ``disabled'' in section 2 of the Lieutenant Governors Superannuation Act is repealed.

(2) The definition ``contributor'' in section 2 of the Act is replaced by the following:

``contributor''
« contributeur »

``contributor'' means

      (a) a Lieutenant Governor who is required by subsection 4(1) to contribute to the Consolidated Revenue Fund and includes

        (i) a Lieutenant Governor who has ceased to be required to so contribute by reason of subsection 4(2), and

        (ii) a Lieutenant Governor who has ceased to hold office as the lieutenant governor of a province and who has become entitled to an immediate pension or a deferred pension under this Act,

      (b) a person who is required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund, or

      (c) a person who is no longer required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund by reason of the expiry of the period referred to in that subsection and who has, on the expiry of that period, become entitled to an immediate pension or a deferred pension under this Act;

2000, c. 12, s. 170

(3) Subparagraph (a)(ii) of the definition ``survivor'' in section 2 of the Act is replaced by the following:

        (ii) in the case of a former Lieutenant Governor, to him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3), or

2000, c. 12, s. 170

(4) Subparagraph (b)(ii) of the definition ``survivor'' in section 2 of the Act is replaced by the following:

        (ii) in the case of a former Lieutenant Governor, with him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3).

11. (1) The portion of subsection 3(1) of the Act before subparagraph (a)(i) is replaced by the following:

Pension to Lieutenant Governor

3. (1) Every contributor who has contributed under this Act for five consecutive years is, subject to this Act,

    (a) entitled on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3),

(2) Subsections 3(2) to (4) of the Act are replaced by the following:

Amount of pension

(2) Subject to this Act, the pension to which a contributor is entitled under this section is

    (a) three-tenths of the average salary received by him or her during the last five years of his or her service as the lieutenant governor of a province; or

    (b) in the case of a contributor to whom section 4.1 applies, three-tenths of the average salary on which his or her contributions under this Act were based.

Option deemed to be exercised

(3) If under subsection (1) a contributor is entitled to a deferred pension or a return of contributions at his or her option and he or she fails to exercise the option within six months after the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceased to contribute under subsection 4.1(3), he or she is deemed to have exercised the option in favour of a deferred pension.

Return of contributions

(4) Every contributor who, on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3), is not entitled to a pension under subsection (1) is, on that later date, entitled to a return of the total contributions made by him or her under this Part, together with interest, if any, calculated under subsection (5).

(3) Paragraph 3(5)(b) of the Act is replaced by the following:

    (b) calculate interest at the rate of four per cent compounded annually on the aggregate amount in respect of each contribution year from December 31 of that year to December 31 of the year immediately preceding the later of the year in which the contributor ceased to hold office as the lieutenant governor of a province and the year in which the contributor ceased to contribute under subsection 4.1(3).

(4) Section 3 of the Act is amended by adding the following after subsection (5):

Meaning of ``disabled''

(6) In this section, ``disabled'' means afflicted with a permanent infirmity that renders the contributor incapable of performing the duties and functions of his or her office or incapable of pursuing regularly any substantially gainful occupation commensurate with his or her qualifications.

1991, c. 31, s. 242

12. Subsection 4(3) of the Act is replaced by the following:

Income Tax Act

(3) For the purposes of the Income Tax Act, the amount contributed under subsection (1) or 4.1(3) is deemed to be contributed to or under a registered pension plan.

13. The Act is amended by adding the following after section 4:

Contributor deemed to be lieutenant governor

4.1 (1) A contributor who ceases to hold office as the lieutenant governor of a province by reason of having become disabled is deemed, for the purposes of this Act, to remain a lieutenant governor of a province for the period referred to in subsection (2) if

    (a) at the time of ceasing to hold office, he or she had not contributed under this Act in respect of five years of service as the lieutenant governor of a province; and

    (b) he or she becomes entitled to

      (i) long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan, or

      (ii) a disability allowance under section 5 of the Salaries Act.

Duration of deeming

(2) The contributor is deemed to remain a lieutenant governor of a province during the period that commences on the day on which he or she ceased to hold office by reason of having become disabled and ends on the earliest of the day

    (a) on which he or she dies,

    (b) on which he or she ceases to be entitled to long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan unless he or she immediately becomes entitled to a disability allowance under section 5 of the Salaries Act,

    (c) on which he or she ceases to be entitled to a disability allowance under section 5 of the Salaries Act, and

    (d) that is five years after the day on which he or she commenced to hold office as the lieutenant governor of a province.

Contribution

(3) During the period referred to in subsection (2), the contributor shall contribute to the Consolidated Revenue Fund six per cent of the salary that he or she would have been paid if he or she had remained a lieutenant governor of a province.

Manner of payment

(4) The contributions that the contributor is required to make under subsection (3) are to be

    (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or

    (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act.

14. (1) Subsection 5(1) of the French version of the Act is replaced by the following:

Choix de ne pas contribuer sous le régime de l'article 4

5. (1) Un lieutenant-gouverneur peut choisir, par écrit, dans les six mois qui suivent sa nomination à la charge de lieutenant-gouverneur d'une province, de ne pas contribuer sous le régime de l'article 4 et, s'il fait ce choix, il n'est pas tenu, malgré l'article 4, de contribuer sous le régime de cet article.

2000, c. 12, s. 172

(2) Subsection 5(4) of the Act is replaced by the following:

Sections do not apply

(4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 and 8 do not apply to the survivor of a Lieutenant Governor who has made an election under this section.

15. The heading before section 7 and sections 7 to 9 of the Act are replaced by the following:

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