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Repeal
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| Repeal of
R.S., c. F-23
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144. The Fisheries Prices Support Act is
repealed.
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Canadian Grain Commission |
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| R.S., c. G-10
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Amendments to the Canada Grain Act
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145. Subsection 5(1) of the Canada Grain
Act is replaced by the following:
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| Remuneration
and expenses
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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.
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| Terminology
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146. The English version of the Act is
amended by replacing the word ``chair
man'' with the word ``chairperson'' in the
following provisions:
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Historic Sites and Monuments Board of Canada |
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| R.S., c. H-4
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Amendments to the Historic Sites and
Monuments Act
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147. (1) The portion of subsection 4(1) of
the Historic Sites and Monuments Act before
paragraph (a) is replaced by the following:
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| Board
established
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4. (1) A Board to be called the Historic Sites
and Monuments Board of Canada is hereby
established, consisting of sixteen members as
follows:
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(2) Paragraph 4(1)(c) of the Act is re
pealed.
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148. Subsections 5(1) and (2) of the
English version of the Act are replaced by
the following:
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| Chairperson
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5. (1) The Governor in Council shall
designate one of the members of the Board to
be its Chairperson .
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| Meetings
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(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.
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149. Paragraph 8(3)(a) of the English
version of the Act is replaced by the
following:
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Immigration and Refugee Board |
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| R.S., c. I-2
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Amendments to the Immigration Act
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| 1992, c. 49, s.
48(1)
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150. (1) Subsection 58(1) of the Immigra
tion Act is replaced by the following:
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| Chairperson
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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.
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| Tenure of
office
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(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.
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| 1992, c. 49, s.
51(2)
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151. (1) Subsection 62(3) of the Act is
replaced by the following:
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| 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.
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| Travel and
living
expenses
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(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.
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(2) Section 62 of the Act is amended by
adding the following after subsection (4):
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| Compensation
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(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.
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| R.S., c. 28
(4th Supp.), s.
18
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152. (1) Subsection 69.1(7) of the Act is
replaced by the following:
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| Constitution
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(7) Subject to subsection (8), one member
constitutes a quorum of the Refugee Division
for the purposes of a hearing under this
section.
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| 1992, c. 49, s.
60(4)
|
(2) Subsection 69.1(8) of the Act is re
placed by the following:
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| Exception
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(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.
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| 1992, c. 49, s.
60(6)
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(3) Subsections 69.1(9.1) to (10.1) of the
Act are replaced by the following:
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| 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.
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Transitional Provision
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| Pending cases
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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.
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International Boundary Commission |
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| R.S., c. I-16
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Amendment to the International Boundary
Commission Act
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| 1993, c. 34, s.
86
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154. Section 9 of the International Bound
ary Commission Act and the heading before
it are replaced by the following:
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HER MAJESTY |
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Labour Adjustment Review Board |
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Closing out Affairs of Board
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| Definitions
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155. The definitions in this section apply
in sections 156 and 157.
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| ``Board'' « Office »
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``Board'' means the Labour Adjustment
Review Board, established under section
6 of the Labour Adjustment Benefits Act.
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| ``Her
Majesty'' « Sa Majesté »
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``Her Majesty'' means Her Majesty in right
of Canada.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Employ
ment and Immigration.
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| 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.
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| References
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(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.
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| Closing out
affairs
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(3) The Minister may do and perform all
acts and things necessary for and incidental
to closing out the affairs of the Board.
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| Commenceme
nt of legal
proceedings
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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.
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| 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.
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| 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.
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Conditional Amendment
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| 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:
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Human
Resources Development.
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| R.S., c. L-1
|
Amendments to the Labour Adjustment
Benefits Act
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159. (1) The definition ``Board'' in sub
section 2(1) of the Labour Adjustment Bene
fits Act is repealed.
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(2) The definitions ``designated indus
try'' and ``effective date of lay-off'' in
subsection 2(1) of the Act are replaced by
the following:
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| ``designated
industry'' « secteur d'activités désigné »
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``designated industry'' means an industry des
ignated pursuant to section 3 before the day
on which that section was repealed ;
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| ``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 ;
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(3) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``certified'' « certifica- tion »
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``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;
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160. The heading before section 3 and
sections 3 to 9 of the Act are repealed.
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161. The heading before section 11 and
sections 11 and 12 of the Act are repealed.
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162. Subsection 13(1) of the Act is re
placed by the following:
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| Eligible
applicants
|
13. (1) An employee who has been certified
may apply to the Commission for labour
adjustment benefits.
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163. (1) The portion of subsection 14(1) of
the Act before paragraph (a) is replaced by
the following:
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| 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
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(2) The portion of subsection 14(2) of the
Act before paragraph (a) is replaced by the
following:
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| 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
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(3) Subsection 14(3) of the Act is replaced
by the following:
|
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| 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.
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164. Section 15 of the Act is replaced by
the following:
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| 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.
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165. (1) Subsection 17(1) of the Act is
replaced by the following:
|
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| 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.
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(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
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to the week during which the employee was so
certified.
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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.
|
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| 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.
|
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| 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.
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