2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-49

An Act to authorize remedial and disciplinary measures in relation to members of certain administrative tribunals, to reorganize and dissolve certain federal agencies and to make consequential amendments to other Acts

      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 Administra tive Tribunals (Remedial and Disciplinary Measures) Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``Chairperson' '
« président »

``Chairperson'' means the Chairperson of an administrative tribunal to which this Act applies except that, in relation to

      (a) the Canadian Grain Commission, it means the chief commissioner desig nated under subsection 4(1) of the Cana da Grain Act; and

      (b) the Copyright Board, it means the Vice-Chairperson designated under sub section 66(4.1) of the Copyright Act.

``judge''
« juge »

``judge'' has the same meaning as in the Judges Act.

``member''
« membre »

``member'' means a member of an administra tive tribunal to which this Act applies who is appointed during good behaviour other than a member of an administrative tribunal who is a judge of a superior court or of the Tax Court of Canada.

``Minister''
« ministre »

``Minister'' means, with respect to an admin istrative tribunal to which this Act applies, the Minister designated for the purposes of the Act establishing the tribunal.

APPLICATION

Application

3. (1) This Act applies to every member of an administrative tribunal set out in the schedule.

Amendment

(2) The Governor in Council may, by order, amend the schedule by adding any administra tive tribunal established under an Act of Parliament.

Powers, rights or duties not affected

4. Nothing in this Act affects any power, right or duty of the Governor in Council in relation to the removal of a member from office for cause.

REMEDIAL AND DISCIPLINARY MEASURES

Request

5. The Chairperson of an administrative tribunal may request the Minister to decide whether any member should be subject to remedial or disciplinary measures for any reason set out in paragraphs 13(2)(a) to (d).

Measures

6. On receipt of the request, the Minister may take one or more of the following measures:

    (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

    (b) refer the matter for mediation, where the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

    (c) request of the Governor in Council that an inquiry be held under section 7; or

    (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.

Appointment of inquirer

7. On receipt of a request referred to in paragraph 6(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct the inquiry.

Powers

8. The judge has all the powers, rights and privileges that are vested in a superior court, including the power

    (a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

    (b) to administer oaths and examine any person on oath.

Staff

9. The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Inquiry in public

10. (1) Subject to subsections (2) and (3), an inquiry shall be conducted in public.

Confidentia-
lity of inquiry

(2) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that

    (a) there is a real and substantial risk that matters involving public security will be disclosed;

    (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

Confidentia-
lity of application

(3) Where the judge considers it appropri ate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (2).

Rules of evidence

11. (1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

Intervenors

(2) An interested party may, with leave of the judge, intervene in an inquiry on such terms and conditions as the judge considers appropriate.

Right to be heard

12. The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine wit nesses and to present evidence.

Report to Minister

13. (1) After an inquiry has been completed, the judge shall submit a report containing the judge's findings and recommendations, if any, to the Minister.

Recommenda-
tions

(2) The judge may, in the report, recom mend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the opinion of the judge, the member

    (a) has become incapacitated from the proper execution of that office by reason of infirmity;

    (b) has been guilty of misconduct;

    (c) has failed in the proper execution of that office; or

    (d) has been placed, by conduct or other wise, in a position that is incompatible with the due execution of that office.

Transmission of report to Governor in Council

14. Where the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council who may, where the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

CONSEQUENTIAL AMENDMENTS

1992, c. 20

Corrections and Conditional Release Act

1995, c. 42, s. 59

15. Sections 155.1 and 155.2 of the Corrections and Conditional Release Act are repealed.

R.S., c. G-10

Canada Grain Act

R.S., c. 37 (4th Supp.), s. 2

16. Section 3 of the Canada Grain Act is replaced by the following:

Commission established

3. There is hereby established a Commis sion to be known as the Canadian Grain Commission consisting of three commission ers to be appointed by the Governor in Council to hold office, during good behaviour, for a renewable term of up to seven years, but who may be removed by the Governor in Council at any time for cause .

R.S., c. I-2

Immigration Act

1992, c. 49, s. 50(1)

17. Subsection 61(1) of the Immigration Act is replaced by the following:

Appointment and tenure of members

61. (1) Each member of the Refugee Division and the Appeal Division shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years, but may be removed by the Governor in Council at any time for cause .

1992, c. 49, s. 53

18. Sections 63.1 and 63.2 of the Act are repealed.

R.S., c. N-7

National Energy Board Act

19. Subsection 3(2) of the National Energy Board Act is replaced by the following:

Tenure of members

(2) Subject to subsection (3), each member of the Board shall be appointed to hold office during good behaviour for a period of seven years, but may be removed at any time for cause by the Governor in Council.

R.S., c. P-35

Public Service Staff Relations Act

1992, c. 54, s. 78

20. Section 12 of the Public Service Staff Relations Act is replaced by the following:

Tenure

12. The members of the Board shall be appointed by the Governor in Council to hold office during good behaviour, subject to removal at any time for cause , for such period as may be determined by the Governor in Council but not exceeding ten years, in the case of the Chairperson, the Vice-Chairperson and the Deputy Chairpersons, and not exceed ing seven years, in the case of any other member.

1995, c. 18

Veterans Review and Appeal Board Act

21. Subsection 5(1) of the Veterans Review and Appeal Board Act is replaced by the following:

Permanent members

5. (1) A permanent member holds office during good behaviour and may be removed at any time by the Governor in Council for cause .

22. Subsection 6(2) of the Act is replaced by the following:

Tenure

(2) A temporary member holds office during good behaviour and may be removed at any time by the Governor in Council for cause .

23. Sections 42 and 43 of the Act are repealed.

CONDITIONAL AMENDMENTS

1995, c. 40

24. On the later of the coming into force of subsection 4.1(1) of the Canada Agricul tural Products Act, as enacted by section 29 of An Act to establish a system of administra tive monetary penalties for the enforcement of the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protec tion Act and the Seeds Act, chapter 40 of the Statutes of Canada, 1995, and the coming into force of section 3 of this Act, the schedule to this Act is amended by adding the following in alphabetical order:

Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act

    Commission de révision prorogée par le paragraphe 4.1(1) de la Loi sur les produits agricoles au Canada

1996, c. 10

25. On the later of the coming into force of section 7 of An Act to continue the National Transportation Agency as the Ca nadian Transportation Agency, to consoli date and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequence, chapter 10 of the Statutes of Canada, 1996, and the coming into force of section 3 of this Act, the schedule to this Act is amended by

    (a) striking out the following:

National Transportation Agency

    Office national des transports

    (b) adding the following in alphabetical order:

Canadian Transportation Agency

    Office des transports du Canada

Bill C-23

26. If Bill C-23, introduced in the second session of the thirty-fifth Parliament and entitled An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts, is assented to, then, on the later of the coming into force of that Act and the coming into force of section 3 of this Act, the schedule to this Act is amended by adding the following in alphabetical order:

Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nuclé aire