Repeal

Repeal of R.S., c. F-23

144. The Fisheries Prices Support Act is repealed.

Canadian Grain Commission

R.S., c. G-10

Amendments to the Canada Grain Act

145. Subsection 5(1) of the Canada Grain Act is replaced by the following:

Remuneration and expenses

5. (1) Each commissioner shall be paid remuneration to be fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred while absent from the commissioner's ordinary place of work in the course of duties under this Act.

Terminology

146. The English version of the Act is amended by replacing the word ``chair man'' with the word ``chairperson'' in the following provisions:

    (a) paragraph 20(2)(b);

    (b) subsection 20(4);

    (c) subsections 35(2) to (4);

    (d) subsections 36(2) and (3); and

    (e) section 38.

Historic Sites and Monuments Board of Canada

R.S., c. H-4

Amendments to the Historic Sites and Monuments Act

147. (1) The portion of subsection 4(1) of the Historic Sites and Monuments Act before paragraph (a) is replaced by the following:

Board established

4. (1) A Board to be called the Historic Sites and Monuments Board of Canada is hereby established, consisting of sixteen members as follows:

(2) Paragraph 4(1)(c) of the Act is re pealed.

148. Subsections 5(1) and (2) of the English version of the Act are replaced by the following:

Chairperson

5. (1) The Governor in Council shall designate one of the members of the Board to be its Chairperson .

Meetings

(2) The Board shall meet at least once in every calendar year at the call of the Chairper son , but the time and place of each such meeting is subject to the approval of the Minister.

149. Paragraph 8(3)(a) of the English version of the Act is replaced by the following:

    (a) the sum of seventy-five dollars per year to the Chairperson of the Board; and

Immigration and Refugee Board

R.S., c. I-2

Amendments to the Immigration Act

1992, c. 49, s. 48(1)

150. (1) Subsection 58(1) of the Immigra tion Act is replaced by the following:

Chairperson

58. (1) The Chairperson shall be designated by the Governor in Council from among the members of the Refugee Division or the Appeal Division to hold office for a term not exceeding seven years.

Tenure of office

(2) For greater certainty, the person who holds office as Chairperson of the Immigra tion and Refugee Board immediately before the coming into force of subsection (1) continues in office during good behaviour for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

1992, c. 49, s. 51(2)

151. (1) Subsection 62(3) of the Act is replaced by the following:

Travel and living expenses

(3) The Chairperson, each full-time mem ber of the Refugee Division and each member of the Appeal Division are entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of the performance of their duties under this Act.

Travel and living expenses

(3.1) Each part-time member of the Refu gee Division is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of residence in the course of the performance of duties under this Act.

(2) Section 62 of the Act is amended by adding the following after subsection (4):

Compensation

(5) The Chairperson and the members of the Refugee Division and the Appeal Division are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

R.S., c. 28 (4th Supp.), s. 18

152. (1) Subsection 69.1(7) of the Act is replaced by the following:

Constitution

(7) Subject to subsection (8), one member constitutes a quorum of the Refugee Division for the purposes of a hearing under this section.

1992, c. 49, s. 60(4)

(2) Subsection 69.1(8) of the Act is re placed by the following:

Exception

(8) Notwithstanding subsection (7), the Chairperson may designate three members of the Refugee Division to hear and determine a claim under this section, and in the event of a split decision, the decision of the majority of the members hearing the claim is deemed to be the decision of the Refugee Division.

1992, c. 49, s. 60(6)

(3) Subsections 69.1(9.1) to (10.1) of the Act are replaced by the following:

Where no credible basis for claim

(9.1) If the member of the Refugee Division hearing a claim is, or, where subsection (8) applies, a majority of the members of the Refugee Division hearing a claim are , of the opinion that the person making the claim is not a Convention refugee and that there was no credible or trustworthy evidence on which the member or members could have determined that the person was a Convention refugee, the decision on the claim shall state that there was no credible basis for the claim.

Transitional Provision

Pending cases

153. Any case that was before the Refugee Division of the Immigration and Refugee Board before the coming into force of section 152 of this Act shall be continued in accordance with the Immigration Act, as it read immediately before that coming into force.

International Boundary Commission

R.S., c. I-16

Amendment to the International Boundary Commission Act

1993, c. 34, s. 86

154. Section 9 of the International Bound ary Commission Act and the heading before it are replaced by the following:

HER MAJESTY

Labour Adjustment Review Board

Closing out Affairs of Board

Definitions

155. The definitions in this section apply in sections 156 and 157.

``Board''
« Office »

``Board'' means the Labour Adjustment Review Board, established under section 6 of the Labour Adjustment Benefits Act.

``Her Majesty''
« Sa Majesté »

``Her Majesty'' means Her Majesty in right of Canada.

``Minister''
« ministre »

``Minister'' means the Minister of Employ ment and Immigration.

Rights and obligations transferred

156. (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, obliga tions 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 shall, unless the context otherwise requires, be read as a reference to Her Majesty.

Closing out affairs

(3) The Minister may do and perform all acts and things necessary for and incidental to closing out the affairs of the Board.

Commenceme nt of legal proceedings

157. (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 Majes ty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

Commenceme nt of legal proceedings

(2) Any action, suit or other legal pro ceeding in respect of any right of the Board, or any right acquired by the 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 pro ceeding 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.

Conditional Amendment

1996, c. 11

158. On the later of the coming into force of section 3 of An Act to establish the Department of Human Resources Develop ment and to amend and repeal certain related Acts, chapter 11 of the Statutes of Canada, 1996, and the coming into force of section 155 of this Act, the definition ``Minister'' in section 155 of this Act is replaced by the following:

``Minister''
« ministre »

``Minister'' means the Minister of Human Resources Development.

R.S., c. L-1

Amendments to the Labour Adjustment Benefits Act

159. (1) The definition ``Board'' in sub section 2(1) of the Labour Adjustment Bene fits Act is repealed.

(2) The definitions ``designated indus try'' and ``effective date of lay-off'' in subsection 2(1) of the Act are replaced by the following:

``designated industry''
« secteur d'activités désigné »

``designated industry'' means an industry des ignated pursuant to section 3 before the day on which that section was repealed ;

``effective date of lay-off''
« date de mise à pied »

``effective date of lay-off'', in respect of an employee, means the date the employee was laid off as determined by the Labour Adjustment Review Board pursuant to sub section 11(3) before the day on which that subsection was repealed ;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``certified''
« certifica-
tion
»

``certified'' means certified, in accordance with section 11, before the day on which that section was repealed, to be eligible to apply to the Commission for labour adjust ment benefits;

160. The heading before section 3 and sections 3 to 9 of the Act are repealed.

161. The heading before section 11 and sections 11 and 12 of the Act are repealed.

162. Subsection 13(1) of the Act is re placed by the following:

Eligible applicants

13. (1) An employee who has been certified may apply to the Commission for labour adjustment benefits.

163. (1) The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following:

Qualifica-
tions for benefits

14. (1) The Commission may determine that an employee who has been certified is qualified to receive labour adjustment bene fits if

(2) The portion of subsection 14(2) of the Act before paragraph (a) is replaced by the following:

Severe hardship

(2) Notwithstanding subsection (1), where the Commission is of the opinion that an employee who is certified and who would be qualified under subsection (1) to receive labour adjustment benefits but for the require ments set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless the employee receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if

(3) Subsection 14(3) of the Act is replaced by the following:

Substantial compliance

(3) Notwithstanding subsection (1), where an employee who is certified would be qualified under subsection (1) to receive labour adjustment benefits but for the require ment set out in paragraph (1)(b), the Commis sion may determine that the employee is qualified to receive labour adjustment bene fits if the employee demonstrates substantial compliance with the requirement and does not meet the requirement by reason only of illness, disability, lay-off or any other good cause.

164. Section 15 of the Act is replaced by the following:

Employment in other designated industries

15. Where the Canadian establishment from which an employee was laid off was, at the time of the lay-off, part of an industry designated generally, the Commission shall, in applying paragraph 14(1)(b) or (2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding the effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date.

165. (1) Subsection 17(1) of the Act is replaced by the following:

Calculation and payment of benefits

17. (1) Where the Commission determines that an employee who has been certified is qualified to receive labour adjustment bene fits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears.

(2) Subsection 17(3) of the Act is replaced by the following:

Additional benefits

(3) Where a qualified employee was certi fied after the week the employee's benefits under the Unemployment Insurance Act sub sequent to the employee's lay-off were ex hausted, in addition to the labour adjustment benefits otherwise payable under this Act, labour adjustment benefits are payable from the later of

    (a) that week, and

    (b) the week during which the employee applied for certification

to the week during which the employee was so certified.

166. (1) Subsections 24(1) to (4) of the Act are replaced by the following:

False or misleading statements

24. (1) Where the Minister becomes aware of facts establishing, in the Minister's opin ion, that a person, in relation to an application for certification , has made a statement or representation that the person knew to be false or misleading or has participated or ac quiesced in the making of such a statement or representation, the Minister may revoke the certification of any employee named in the application.

Notification of intention

(2) The Minister shall, before revoking the certification of an employee pursuant to subsection (1), notify the employee in writing of the Minister's intention to do so.

Right to make written represen-
tations

(3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within any further time that the Minister may allow, make representa tions in writing to the Minister with respect to the proposed revocation of the employee's certification.