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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``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''.
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The enactment establishes a procedure for taking remedial and
disciplinary measures in relation to members of certain administrative
tribunals. It also amends the statutes that establish forty federal boards,
agencies or commissions in order to reorganize or dissolve them.
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Clause 15: Sections 155.1 and 155.2 read as follows:
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155.1 (1) The Chairperson may recommend to the Minister that an
inquiry be held to determine whether any member of the Board should
be subject to any disciplinary or remedial measures for any reason set
out in any of paragraphs 155.2(2)(a) to (d).
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(2) Where the Minister considers it appropriate that an inquiry under
this section be held, a judge, supernumerary judge or former judge of
the Federal Court, in this section and section 155.2 referred to as a
``judge'', shall conduct the inquiry.
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(3) A judge conducting an inquiry under this section has all the
powers, rights and privileges that are vested in a superior court and,
without restricting the generality of the foregoing, has the power
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(a) to issue to any person a summons requiring the person to appear
at the time and place mentioned in the summons to testify with
respect to all matters within the person's knowledge relative to the
inquiry and to bring and produce any document, book or paper that
the person has or controls relative to the inquiry; and
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(b) to administer oaths and examine any person on oath.
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(4) Subject to subsections (5) and (6), an inquiry under this section
shall be conducted in public.
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(5) A judge conducting an inquiry under this section may, on
application, take any measures or make any order that the judge
considers necessary to ensure the confidentiality of the inquiry where
the judge is satisfied that, during the inquiry or as a result of the inquiry
being conducted in public, as the case may be,
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(a) matters involving public security may be disclosed;
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(b) financial or personal or other matters may be disclosed of such
a nature that the desirability of avoiding public disclosures of those
matters in the interest of any person affected or in the public interest
outweighs the desirability of adhering to the principle that the
inquiry be conducted in public; or
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(c) there is a reasonable likelihood that the life, liberty or security of
a person would be endangered.
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(6) Where a judge conducting an inquiry under this section considers
it appropriate to do so, the judge may take any measures or make any
order that the judge considers necessary to ensure the confidentiality of
any hearing held in respect of an application referred to in subsection
(5).
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(7) A judge conducting an inquiry under this section is not bound by
any legal or technical rules of evidence and, in any proceedings of the
inquiry, the judge may receive and base a decision on evidence adduced
in the proceedings and considered credible or trustworthy in the
circumstances of the case.
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(8) A judge conducting an inquiry under this section may grant
standing to the hearing to any party where the judge determines such an
order to be appropriate.
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(9) Every person in respect of whom an inquiry under this section is
conducted shall be given reasonable notice of the subject-matter of the
inquiry and of the time and place of any hearing thereof and shall be
given an opportunity, in person or by counsel, to be heard at the hearing,
to cross-examine witnesses and to adduce evidence.
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155.2 (1) After an inquiry under section 155.1 has been completed,
the judge who conducted the inquiry shall prepare a report of the
conclusions of the inquiry and submit it to the Minister.
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(2) Where an inquiry under section 155.1 has been held and, in the
opinion of the judge who conducted the inquiry, the member of the
Board in respect of whom the inquiry was held
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(a) has become incapacitated from the due execution of the
member's office by reason of infirmity,
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(b) is guilty of misconduct,
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(c) has failed in the due execution of the member's office, or
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(d) has been placed, by conduct or otherwise, in a position that is
incompatible with the due execution of the member's office,
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the judge may, in the report of the inquiry, recommend that the member
be suspended without pay or be removed from office or may recom
mend that such disciplinary or remedial measure as the judge considers
necessary be taken.
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(3) Where the Minister receives a report under subsection (1), the
Minister shall send a copy of the report to the Governor in Council, who
may suspend the member of the Board to whom the report relates
without pay, remove the member from office or take any other
disciplinary or remedial measure.
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Clause 16: Section 3 reads as follows:
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3. There is hereby established a Commission to be known as the
Canadian Grain Commission consisting of three commissioners to be
appointed by the Governor in Council to hold office, during good
behaviour, for a renewable term of up to seven years.
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Clause 17: Subsection 61(1) reads as follows:
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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.
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Clause 18: Sections 63.1 and 63.2 read as follows:
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63.1 (1) Where the Chairperson considers it appropriate to do so, the
Chairperson may recommend to the Minister that an inquiry be held as
to whether any member of the Refugee Division or Appeal Division
should be subject to any disciplinary measures for any reason set out in
any of paragraphs 63.2(2)(a) to (d).
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(2) Where the Minister considers that it is appropriate that an inquiry
under this section be held, a judge, supernumerary judge or former
judge of the Federal Court, in this section and section 63.2 referred to
as the ``judge'', shall conduct the inquiry.
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(3) A judge conducting an inquiry under this section has all the
powers, rights and privileges that are vested in a superior court and,
without restricting the generality of the foregoing, has the power
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(a) to issue a summons to any person requiring that person to appear
at the time and place mentioned therein to testify with respect to all
matters within that person's knowledge relative to the inquiry and to
bring and produce any document, book or paper that the person has
or controls relative to the inquiry; and
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(b) to administer oaths and examine any person on oath.
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(4) Subject to subsections (5) and (6), an inquiry under this section
shall be conducted in public.
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(5) Where a judge conducting an inquiry under this section is
satisfied, during the inquiry, or as a result of the inquiry being conducted
in public, as the case may be,
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(a) that matters involving public security may be disclosed,
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(b) that financial or personal or other matters may be disclosed of
such a nature that the desirability of avoiding public disclosure of
those matters in the interest of any person affected or in the public
interest outweighs the desirability of adhering to the principle that
the inquiry be conducted in public, or
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(c) that there is a serious possibility that the life, liberty or security
of a person would be endangered,
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the judge may, on application therefor, take such measures and make
such order as the judge considers necessary to ensure the confidentiality
of the inquiry.
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(6) Where a judge conducting an inquiry under this section considers
it appropriate to do so, the judge may take such measures and make such
order as the judge considers necessary to ensure the confidentiality of
any hearing held in respect of any application referred to in subsection
(5).
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(7) A judge conducting an inquiry under this section is not bound by
any legal or technical rules of evidence and, in any proceedings of the
inquiry, the judge may receive and base a decision on evidence adduced
in the proceedings and considered credible or trustworthy in the
circumstances of the case.
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(8) Every person in respect of whom an inquiry under this section is
conducted shall be given reasonable notice of the subject-matter of the
inquiry and of the time and place of any hearing thereof and shall be
given an opportunity, in person or by counsel, to be heard at the hearing,
to cross-examine witnesses and to adduce evidence.
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63.2 (1) After an inquiry under section 63.1 has been completed, the
judge who conducted the inquiry shall report the conclusions of the
inquiry to the Minister and submit the report of the inquiry to the
Minister.
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(2) Where an inquiry under section 63.1 has been held and, in the
opinion of the judge who conducted the inquiry, the member of the
Refugee Division or Appeal Division in respect of whom the inquiry
was held
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(a) has become incapacitated from the due execution of that office
by reason of infirmity,
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(b) has been guilty of misconduct,
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(c) has failed in the due execution of that office, or
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(d) has been placed, by conduct or otherwise, in a position that is
incompatible with the due execution of that office,
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the judge may, in the report of the inquiry, recommend that the member
be suspended without pay or be removed from office or may recom
mend that such other disciplinary measure as the judge may specify be
taken.
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(3) Forthwith on receiving a report under subsection (1) the Minister
shall forward the report to the Governor in Council, who may suspend
without pay, remove from office or take any other disciplinary measure
against the member to whom the report relates.
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Clause 19: Subsection 3(2) reads as follows:
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(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 by the Governor in Council on
address of the Senate and House of Commons.
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Clause 20: Section 12 reads as follows:
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12. The members of the Board shall be appointed by the Governor
in Council to hold office during good behaviour for such period as may
be determined by the Governor in Council but not exceeding ten years,
in the case of the Chairman, the Vice-Chairman and the Deputy
Chairmen, and not exceeding seven years, in the case of any other
member.
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Clause 21: Subsection 5(1) reads as follows:
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5. (1) A permanent member holds office during good behaviour.
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Clause 22: Subsection 6(2) reads as follows:
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(2) A temporary member holds office during good behaviour.
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Clause 23: Sections 42 and 43 read as follows:
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42. (1) The Chairperson may recommend to the Minister that an
inquiry be held to determine whether a member should be subject to
disciplinary or remedial measures for any reason set out in any of
paragraphs 43(2)(a) to (d).
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(2) Where the Minister considers it appropriate that an inquiry be
held, a judge, supernumerary judge or former judge of the Federal
Court, in this section and section 43 referred to as a ``judge'', shall
conduct the inquiry.
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(3) A judge conducting an inquiry has all the powers, rights and
privileges that are vested in a superior court and, without restricting the
generality of the foregoing, has the power
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(a) to issue to any person a summons requiring them to appear at the
time and place mentioned in the summons to testify with respect to
all matters within their knowledge relative to the inquiry and to bring
and produce any thing that they have or control relative to the
inquiry; and
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(b) to administer oaths and examine any person on oath.
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(4) Subject to subsections (5) and (6), an inquiry shall be conducted
in public.
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(5) A judge conducting an inquiry may, on application, take any
measures or make any order that the judge considers necessary to
ensure the confidentiality of the inquiry if the judge is satisfied that
financial or personal or other matters may be disclosed and are of such
a nature that the desirability of avoiding public disclosure of those
matters in the interest of any person affected or in the public interest
outweighs the desirability of adhering to the principle that the inquiry
be conducted in public.
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(6) Where the judge considers it appropriate to do so, the judge may
take any measures or make any order that the judge considers necessary
to ensure the confidentiality of any hearing held in respect of an
application referred to in subsection (5).
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(7) A judge conducting an inquiry is not bound by any legal or
technical rules of evidence and, in any proceedings of the inquiry, the
judge may receive and base a decision on evidence adduced in the
proceedings and considered credible or trustworthy in the circum
stances of the case.
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(8) Every member in respect of whom an inquiry is held 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
witnesses and to adduce evidence.
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43. (1) After an inquiry has been completed, the judge who
conducted the inquiry shall submit a report of the conclusions of the
inquiry to the Minister.
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(2) Where an inquiry has been held and, in the opinion of the judge
who conducted the inquiry, the member in respect of whom the inquiry
was held
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(a) has become incapacitated from the due execution of their office
by reason of infirmity,
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(b) is guilty of misconduct,
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(c) has failed in the due execution of their office, or
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(d) has been placed, by conduct or otherwise, in a position that is
incompatible with the due execution of their office,
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the judge may, in the report of the inquiry, recommend that the member
be suspended without pay or removed from office or may recommend
that such remedial measure as the judge considers necessary be taken.
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(3) Where the Minister receives a report under subsection (1), the
Minister shall send a copy of the report to the Governor in Council, who
may suspend the member to whom the report relates without pay,
remove the member from office or take any remedial measure.
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Clause 27: (1) Subsection 29(1) reads as follows:
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29. (1) There is hereby established a tribunal to be known as the Civil
Aviation Tribunal consisting of a Chairman, a Vice-Chairman and such
other members as are from time to time appointed by the Governor in
Council.
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(2) New.
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(3) This amendment would replace the words ``Chair
man'' and ``Vice-Chairman'' with the words ``Chairper
son'' and ``Vice-Chairperson''.
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Clause 28: This amendment would replace the words
``Chairman'' and ``Vice-Chairman'' with the words
``Chairperson'' and ``Vice-Chairperson''.
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Clause 29: Section 31.1 is new. Section 31 reads as
follows:
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31. (1) Each full-time member of the Tribunal shall be paid such
salary as is fixed by the Governor in Council and each part-time member
is entitled to be paid such fees or other remuneration for that member's
services as may be fixed by the Governor in Council.
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(2) Each member of the Tribunal is entitled to be paid reasonable
travel and living expenses incurred by the member in the course of the
member's duties under this Act while absent from his ordinary place of
residence.
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Clause 31: Subsection 19(1) reads as follows:
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19. (1) The Board shall meet at least once every three months at such
times and places as the President may select.
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Clause 32: Subsections 4(2) and (3) read as follows:
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(2) The members of the Board appointed by the Governor in Council
hold office during pleasure and shall be paid such salaries as may be
fixed by the Governor in Council.
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(3) Each member is entitled to be paid travel and other expenses
incurred in connection with the work of the Board.
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Clause 33: Section 13 reads as follows:
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13. The Government Employees Compensation Act applies to
officers and employees employed by the Board and for the purposes of
that Act those officers and employees shall be deemed to be employees
in the service of Her Majesty.
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Clause 35: Subsection 36(3) reads as follows:
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(3) A director shall be appointed to hold office during good
behaviour for a term not exceeding five years and may be removed at
any time by the Governor in Council for cause.
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Clause 36: The relevant portion of subsection 38(1)
reads as follows:
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38. (1) A person is not eligible to be appointed or to continue as a
director if the person is not a Canadian citizen who is ordinarily resident
in Canada or if, directly or indirectly, as owner, shareholder, director,
officer, partner or otherwise, the person
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Clause 37: New.
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Clause 38: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 39: New.
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Clause 40: Subsections 7(2) to (4) read as follows:
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(2) The Governor in Council shall fix the salary of the President.
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(3) The Board, with the approval of the Governor in Council, shall
appoint three Vice-Presidents and fix their salaries and, notwithstand
ing section 108 of the Financial Administration Act, the salary of the
Vice-President who is designated as a director.
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(4) The Vice-Presidents hold office during good behaviour for a term
of seven years but are removable by the Governor in Council, on a
resolution of the Board, for incapacity or for other cause.
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Clause 41: The relevant portion of subsection 8(1)
reads as follows:
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8. (1) No person shall be appointed as President or Vice-President or
as a director from outside the public service of Canada and no person
shall continue to hold any such office, if that person
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(b) is not a Canadian citizen or otherwise a British subject ordinarily
resident in Canada;
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(c) has reached the age of seventy years; or
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Clause 43: The relevant portion of subsection 82(3)
reads as follows:
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(3) The Governor in Council shall appoint a panel of between one
hundred and four hundred persons resident in Canada, in such a way
that, at any given time,
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(a) at least twenty-five per cent of the members of the panel are
members of the bar of a province;
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Clause 44: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 45: The relevant portion of section 4 reads as
follows:
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4. There is hereby established a corporation, to be called the
Canadian Centre for Occupational Health and Safety, governed by a
Council composed of the following persons, to be appointed by the
Governor in Council as provided in sections 7 and 8:
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(c) four other governors representing
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(i) departments or Ministries of State of the Government of
Canada, or
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(ii) Crown corporations, as defined in section 83 of the Financial
Administration Act,
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having a particular interest in occupational health and safety;
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(d) eleven other governors to be appointed after consultation with
such organizations representative of workers as the Governor in
Council deems appropriate; and
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(e) eleven other governors to be appointed after consultation with
such organizations representative of employers as the Governor in
Council deems appropriate.
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Clause 46: Subsection 7(1) reads as follows:
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7. (1) The Chairman shall be appointed to hold office during good
behaviour for a term not exceeding five years, but may be removed by
the Governor in Council for cause.
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Clause 47: Subsection 10(2) reads as follows:
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(2) Every President holds office during good behaviour, but may be
removed by the Governor in Council for cause.
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Clause 48: Subsection 11(1) reads as follows:
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11. (1) The President is the chief executive officer of the Centre, has
supervision over and direction of the work and staff of the Centre, is the
chairman of the executive board and shall perform such duties as are
assigned to the President by the Council.
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Clause 49: The heading before section 14 and sections
14 and 15 read as follows:
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14. (1) There is hereby established an executive board of the Centre
consisting of the President and at least six governors annually elected
from the Council by the governors so that, at any time,
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(a) the number of members of the executive board who were
appointed to the Council under paragraph 4(d) is equal to the number
of members of the executive board who were appointed to the
Council under paragraph 4(e); and
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(b) the aggregate of the number of members of the executive board
appointed to the Council under paragraph 4(d) or (e) is not less than
fifty per cent of the total number of members of the executive board.
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(2) The executive board shall exercise such of the powers and
perform such of the activities of the Centre as the Council may by
by-law assign to it and shall submit at each meeting of the Council
minutes of its proceedings since the last preceding meeting of the
Council and a progress report on the work of the Centre.
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(3) The President is the chairman of the executive board.
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(4) A majority of the members of the executive board, one of whom
is the President, constitutes a quorum.
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15. The executive board shall meet at least six times in each year.
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Clause 50: Section 18 reads as follows:
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18. (1) The President shall be paid such salary and expenses as are
fixed by the Governor in Council.
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(2) An acting President shall be paid such salary and expenses as are
fixed by the Governor in Council.
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Clause 51: Subsection 21(1) reads as follows:
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21. (1) The Council shall meet at least three times in each year, with
at least one such meeting at the head office of the Centre, and at such
other times and places in Canada as the executive board deems
necessary.
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Clause 52: The relevant portion of section 22 reads as
follows:
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22. The Council may make by-laws for the conduct and management
of the affairs of the Centre and, without restricting the generality of the
foregoing, may make by-laws respecting
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(c) the procedure in all business at meetings of the Council and of the
executive board;
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(d) the assignment of any powers and activities of the Centre to the
executive board and the manner in which those powers and activities
shall be exercised or performed; and
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Clause 54: Subsection 4(2) reads as follows:
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(2) The Governor in Council shall designate one of the members of
the Corporation to serve as chairman of the Corporation during pleasure
and the chairman may receive a yearly honorarium to be determined by
the Governor in Council.
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Clause 55: Section 11 reads as follows:
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11. The members of the Corporation shall meet at such times and
places as they deem necessary but shall meet at least six times a year.
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Clause 56: Subsection 12(1) reads as follows:
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12. (1) The Governor in Council may, on the recommendation of the
Corporation, appoint an executive director of the Corporation and a
secretary of the Corporation, who shall hold office during pleasure and
shall be paid such salaries as are fixed by the Governor in Council.
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Clause 57: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 58: (1) Subsection 3(1) reads as follows:
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3. (1) There is hereby established a tribunal, to be known as the
Canadian International Trade Tribunal, consisting, subject to subsec
tion (2), of a Chairman, two Vice-Chairmen and not more than six other
permanent members to be appointed by the Governor in Council.
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(2) Subsection 3(5) reads as follows:
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(5) A permanent member, on the expiration of a first term of office,
is eligible to be re-appointed for one further term in the same or another
capacity.
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Clause 59: New.
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Clause 60: Subsections 6(2) and (3) read as follows:
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(2) Each permanent member is entitled to be paid reasonable travel
and living expenses incurred by the member while absent from the
member's ordinary place of work in the course of performing duties
under this Act.
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(3) Each temporary member and substitute member is entitled to be
paid reasonable travel and living expenses incurred by the member in
the course of performing duties under this Act.
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Clause 61: This amendment would replace the words
``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen''
with the words ``Chairperson'', ``Vice-Chairperson''
and ``Vice-Chairpersons''.
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Clause 62: New.
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Clause 64: Subsection 6(1) reads as follows:
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6. (1) The activities of the Commission shall be managed by a Board
of Directors consisting of up to twelve members, including a Chairper
son and two Vice-Chairpersons, to be appointed by the Governor in
Council, on the recommendation of the Minister.
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Clause 65: Section 9 reads as follows:
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9. (1) The Chairperson and the Vice-Chairpersons shall be paid such
remuneration as is fixed by the Governor in Council.
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(2) The members of the Board, other than the Chairperson and the
Vice-Chairpersons, shall be paid such remuneration as is fixed by the
Governor in Council for their attendance at such meetings of the Board,
or of any of its committees, as the Chairperson directs them to attend,
and for any special work for the Commission performed by them at the
request of the Chairperson.
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Clause 66: Section 12 reads as follows:
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12. In the event of the absence or incapacity of the Chairperson, one
of the Vice-Chairpersons shall be designated by the Board to exercise
all of the powers and perform all of the duties and functions of the
Chairperson.
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Clause 67: Section 15 reads as follows:
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15. (1) Subject to subsection (2), the Board shall meet at least four
times in each year, at different places in Canada, at such times and places
as the Chairperson may select.
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(2) At least half of the Board's meetings in each year shall be held at
places north of sixty degrees north latitude.
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Clause 68: (1) and (2) Section 4 reads as follows:
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4. The purpose of the Foundation is to facilitate throughout Canada
the development, sharing and application of knowledge and expertise
in order to contribute to the elimination of racism and all forms of racial
discrimination in Canadian society by
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(a) undertaking research and collecting data and developing a
national information base in order to further understanding of the
nature of racism and racial discrimination and to assist business,
labour, voluntary, community and other organizations as well as
public institutions, governments, researchers and the general public
in eliminating racism and racial discrimination;
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(b) acting as a clearing-house, providing information about race
relations resources and establishing links with public, private and
educational institutions and libraries;
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(c) facilitating consultation, and the exchange of information,
relating to race relations policies, programs and research;
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(d) promoting effective race relations training and assisting in the
development of professional standards;
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(e) increasing public awareness of the importance of eliminating
racism and racial discrimination;
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(f) collaborating with business, labour, voluntary, community and
other organizations, as well as public institutions and all levels of
government, in instituting and supporting programs and activities;
and
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(g) supporting and promoting the development of effective policies
and programs for the elimination of racism and racial discrimination.
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Clause 69: Subsection 6(1) reads as follows:
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6. (1) The activities of the Foundation shall be managed by a Board
of Directors consisting of a Chairperson and not more than nineteen
other directors to be appointed by the Governor in Council, on the
recommendation of the Minister, after the Minister, taking into account
the multicultural character, linguistic duality and regional diversity of
Canadian society, has consulted with such governments, institutions,
organizations and individuals as the Minister considers appropriate.
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Clause 70: Subsection 17(4) is new. Subsection 17(3)
reads as follows:
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(3) Part X of the Financial Administration Act does not apply to the
Foundation.
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Clause 71: Section 20 reads as follows:
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20. (1) The Foundation may indemnify a present or former director
or officer of the Foundation or any other person who acts or acted at its
request as a director or officer of another corporation of which the
Foundation is or was a shareholder or creditor, and the person's heirs
and legal representatives, against all costs, charges and expenses,
including any amount paid to settle an action or satisfy a judgment,
reasonably incurred by the person in respect of any civil, criminal or
administrative action or proceeding to which the person is a party by
reason of being or having been such a director or officer, if
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(a) the person acted honestly and in good faith with a view to the best
interests of the Foundation or other corporation; and
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(b) in the case of any criminal or administrative action or proceeding
that is enforced by a monetary penalty, the person had reasonable
grounds for believing that the person's conduct was lawful.
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(2) The Foundation may purchase and maintain insurance for the
benefit of a director or officer, and the director's or officer's heirs and
legal representatives, against any liability, cost, charge and expense
incurred by the director or officer as described in subsection (1).
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Clause 72: Section 23 reads as follows:
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23. (1) There is hereby established an Investment Committee
consisting of the Chairperson, a director to be designated by the Board
and three other persons to be appointed by the Governor in Council, on
the recommendation of the Minister, as provided in this section.
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(2) Each member of the Investment Committee appointed by the
Governor in Council shall be appointed to hold office for such term, not
exceeding three years, as will ensure, as far as possible, the expiry in any
one year of the term of office of not more than one of those members.
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(3) No person who is a director or who does not have financial or
investment consulting experience shall be appointed by the Governor
in Council as a member of the Investment Committee.
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(4) A member of the Investment Committee appointed by the
Governor in Council ceases to hold that office if the member is
appointed as a director.
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(5) The Investment Committee shall aid and advise the Board in
making, managing and disposing of investments under this Act.
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(6) The members of the Investment Committee who are not directors
may be paid for their services such remuneration and expenses as the
Governor in Council may fix.
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Clause 73: The heading before section 26 reads as
follows:
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Clause 74: Section 26 reads as follows:
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26. (1) Within four months after the end of each financial year of the
Foundation, the Chairperson shall submit to the Minister a report of the
activities of the Foundation during that year, including the financial
statements of the Foundation and the auditor's report thereon.
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(2) The Foundation shall make copies of the report referred to in
subsection (1) available for public scrutiny at the principal office of the
Foundation.
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(3) The Minister shall cause a copy of the report referred to in
subsection (1) to be laid before each House of Parliament within the first
fifteen days on which that House is sitting after the day on which the
Minister has received the report.
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Clause 78: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 79: The relevant portion of subsection 5(1)
reads as follows:
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5. (1) A person is not eligible to be appointed or to continue as a
member of the Commission if the person is not a Canadian citizen
ordinarily resident in Canada or if, directly or indirectly, as owner,
shareholder, director, officer, partner or otherwise, the person
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Clause 80: This amendment would replace the words
``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen''
with the words ``Chairperson'', ``Vice-Chairperson''
and ``Vice-Chairpersons''.
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Clause 81: Subsection 7(1) reads as follows:
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7. (1) Each full-time member shall be paid a salary to be fixed by the
Governor in Council and each part-time member shall be paid such fees
for attendances at meetings of the Commission or any committee
thereof or at any public hearing before the Commission that the
part-time member is requested by the Chairman to attend as are fixed by
by-law of the Commission.
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Clause 82: Subsection 9(2) reads as follows:
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(2) For the purposes of any regulations made pursuant to section 9
of the Aeronautics Act, the full-time members of the Commission shall
be deemed to be persons employed in the public service of Canada.
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Clause 83: The relevant portion of subsection 11(1)
reads as follows:
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11. (1) The Commission may make by-laws
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(i) the fees to be paid to part-time members for attendances at
meetings of the Commission or any committee thereof or at
public hearings before the Commission that they are requested by
the Chairman to attend, and
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Clause 84: Subsection 12(2) reads as follows:
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(2) The full-time members of the Commission and the Chairman
shall exercise the powers and perform the duties vested in the
Commission and the Chairman, respectively, by the Telecommunica
tions Act or by any special Act within the meaning of that Act.
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Clause 85: (1) Subsection 4(1) reads as follows:
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4. (1) There is hereby established a board to be known as the
Canadian Transportation Accident Investigation and Safety Board,
consisting of not more than five full-time members appointed by the
Governor in Council.
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(2) Subsections 4(8) and (9) are new. Subsections 4(6)
and (7) read as follows:
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(6) A member shall be paid such remuneration and expenses as are
fixed by the Governor in Council.
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(7) The provisions of the Public Service Superannuation Act, other
than those relating to tenure, the Government Employees Compensation
Act and any regulations made pursuant to section 9 of the Aeronautics
Act apply to a member.
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Clause 86: The definition ``citizenship judge'' in
subsection 2(1) reads as follows:
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``citizenship judge'' means a citizenship judge appointed under section
26;
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Clause 87: Sections 14 to 16 read as follows:
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14. (1) An application for
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(a) a grant of citizenship under subsection 5(1),
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(b) a retention of citizenship under section 8,
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(c) a renunciation of citizenship under subsection 9(1), or
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(d) a resumption of citizenship under subsection 11(1)
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shall be considered by a citizenship judge who shall, within sixty days
of the day the application was referred to the judge, determine whether
or not the person who made the application meets the requirements of
this Act and the regulations with respect to the application.
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(1.1) Where an applicant is a permanent resident who is the subject
of an inquiry under the Immigration Act, the citizenship judge may not
make a determination under subsection (1) until there has been a final
determination whether, for the purposes of that Act, a removal order
shall be made against that applicant.
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(1.2) The expressions ``permanent resident'' and ``removal order''
in subsection (1.1) have the meanings assigned to those expressions by
subsection 2(1) of the Immigration Act.
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(2) Forthwith after making a determination under subsection (1) in
respect of an application referred to therein but subject to section 15, the
citizenship judge shall approve or not approve the application in
accordance with his determination, notify the Minister accordingly and
provide the Minister with the reasons therefor.
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(3) Where a citizenship judge does not approve an application under
subsection (2), the judge shall forthwith notify the applicant of his
decision, of the reasons therefor and of the right to appeal.
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(4) A notice referred to in subsection (3) is sufficient if it is sent by
registered mail to the applicant at his latest known address.
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(5) The Minister or the applicant may appeal to the Court from the
decision of the citizenship judge under subsection (2) by filing a notice
of appeal in the Registry of the Court within sixty days after the day on
which
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(a) the citizenship judge approved the application under subsection
(2); or
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(b) notice was mailed or otherwise given under subsection (3) with
respect to the application.
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(6) A decision of the Court pursuant to an appeal made under
subsection (5) is, subject to section 20, final and, notwithstanding any
other Act of Parliament, no appeal lies therefrom.
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15. (1) Where a citizenship judge is unable to approve an application
under subsection 14(2), the judge shall, before deciding not to approve
it, consider whether or not to recommend an exercise of discretion
under subsection 5(3) or (4) or subsection 9(2) as the circumstances
may require.
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(2) Where a citizenship judge makes a recommendation for an
exercise of discretion under subsection (1), the judge shall
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(a) notify the applicant;
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(b) transmit the recommendation to the Minister with the reasons
therefor; and
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(c) in accordance with the decision that has been made in respect of
his recommendation, forthwith on the communication of the
decision to the judge approve or not approve the application.
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16. Notwithstanding section 28 of the Federal Court Act, the Federal
Court of Appeal does not have jurisdiction to hear and determine an
application to review and set aside a decision made under this Act if the
decision may be appealed under section 14 of this Act.
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Clause 88: Subsection 20(2) reads as follows:
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(2) Where a person is the subject of a declaration made under
subsection (1), any application that has been made by that person under
section 5 or 9 or subsection 11(1) is deemed to be not approved and any
appeal made by him under subsection 14(5) is deemed to be dismissed.
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Clause 89: The relevant portion of subsection 22(1)
reads as follows:
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22. (1) Notwithstanding anything in this Act, a person shall not be
granted citizenship under section 5 or subsection 11(1) or take the oath
of citizenship
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Clause 90: Section 23 reads as follows:
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23. Anything that is required to be done or that may be done by the
Minister under this Act or the regulations may be done on behalf of the
Minister by any person authorized by the Minister in writing to act on
his behalf without proof of the authenticity of the authorization.
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Clause 91: Section 26 reads as follows:
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26. (1) The Governor in Council may appoint any citizen to be a
citizenship judge.
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(2) In addition to his other duties set out in this Act, a citizenship
judge shall perform such other duties as the Minister prescribes for
carrying into effect the purposes and provisions of this Act.
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Clause 92: The relevant portion of section 27 reads as
follows:
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27. The Governor in Council may make regulations
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(e) prescribing the procedures to be followed in the referral of
applications to citizenship judges;
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(f) prescribing the procedures to be followed by citizenship judges
in the performance of their duties;
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(g) prescribing the ceremonial procedures to be followed by
citizenship judges;
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Clause 98: (1) Subsection 66(1) reads as follows:
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66. (1) There is hereby established a Board, to be known as the
Copyright Board, consisting of not more than five members, including
a chairman and a vice-chairman, to be appointed by the Governor in
Council.
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(2) Subsection 66(3) reads as follows:
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(3) The chairman must be a judge, either sitting or retired, of a
superior, county or district court.
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(3) New.
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(4) Subsection 66(7) reads as follows:
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(7) A full-time member of the Board, other than the chairman, shall
be deemed to be employed in
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(a) the Public Service for the purposes of the Public Service
Superannuation Act; and
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(b) the public service of Canada for the purposes of any regulations
made pursuant to section 9 of the Aeronautics Act.
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Clause 99: This amendment replaces the words
``chairman'' and ``vice-chairman'' with the words
``Chairperson'' and ``Vice-Chairperson''.
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Clause 100: Section 66.2 reads as follows:
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66.2 The members of the Board shall be paid such remuneration as
may be fixed by the Governor in Council and are entitled to be paid
reasonable travel and living expenses incurred by them in the course of
their duties under this Act while absent from their ordinary place of
residence.
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Clause 101: Sections 103 and 104 read as follows:
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103. The National Parole Board is hereby continued, to consist of not
more than forty-five full-time members and a number of part-time
members appointed by the Governor in Council, on the recommenda
tion of the Minister, to hold office during good behaviour for periods not
exceeding ten years and three years, respectively.
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104. The Governor in Council shall designate one of the full-time
members of the Board to be its Chairperson and, on the recommenda
tion of the Minister, one of the full-time members to be its Executive
Vice-Chairperson.
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Clause 102: Subsection 105(3) reads as follows:
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(3) Each member of the Board other than the Chairperson and the
Executive Vice-Chairperson shall be assigned to a division of the Board
specified in the instrument of appointment.
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Clause 103: Subsection 146(1) reads as follows:
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146. (1) There shall be a division of the Board known as the Appeal
Division, consisting of not more than six full-time members designated
by the Governor in Council on the recommendation of the Minister
from among the members appointed pursuant to section 103, and one
of those members shall be designated Vice-Chairperson, Appeal
Division.
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Clause 104: The relevant portion of subsection 147(2)
reads as follows:
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(2) The Vice-Chairperson, Appeal Division, may refuse to hear an
appeal, without causing a full review of the case to be undertaken,
where, in the opinion of the Vice-Chairperson,
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Clause 105: Subsection 148(1) reads as follows:
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148. (1) The head office of the Board shall be located in the National
Capital Region as described in the schedule to the National Capital Act,
but meetings of the Board or of the Executive Committee of the Board
may be held at such times and places as the Chairperson of the Board
directs.
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Clause 106: Sections 150 and 151 read as follows:
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150. (1) A full-time member shall be designated by the Governor in
Council, on the recommendation of the Minister, to be Vice-Chairper
son for each regional division of the Board.
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(2) A Vice-Chairperson for a division is responsible to the
Chairperson for the professional conduct, training, and quality of
decision-making of Board members assigned to that division.
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General
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151. (1) There shall be an Executive Committee of the Board
consisting of the Chairperson, the Executive Vice-Chairperson, the
Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons
and two other members of the Board designated by the Chairperson
after consultation with the Minister.
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(2) The Executive Committee
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(a) shall, after such consultation with Board members as it considers
appropriate, adopt policies relating to reviews under this Part;
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(b) shall, where requested by the Chairperson, advise the Chairper
son on any other matters concerning the functions of the Board or of
the Chairperson under this or any other Act of Parliament; and
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(c) may direct that the number of members required to constitute a
panel for the review of any class of cases shall be greater than the
number fixed by the regulations.
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(3) Policies adopted under paragraph (2)(a) must respect gender,
ethnic, cultural and linguistic differences and be responsive to the
special needs of women and aboriginal peoples, as well as to the needs
of other groups of offenders with special requirements.
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(4) Meetings of the Executive Committee shall be chaired by the
Chairperson.
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Clause 107: Subsections 152(7) and (8) read as
follows:
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(7) In the event of the absence or incapacity of the Chairperson or a
vacancy in the office of Chairperson, the Executive Vice-Chairperson
may exercise all the powers of the Chairperson.
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(8) In the event of the absence or incapacity of, or a vacancy in the
offices of, the Chairperson and the Executive Vice-Chairperson, a
full-time member of the Board designated by the Minister may exercise
all the powers of the Chairperson.
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Clause 108: New.
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Clause 114: Repeal of the Act.
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Clause 115: The definition ``Agency'' in subsection
2(1) reads as follows:
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``Agency'' means the Petroleum Monitoring Agency established under
section 16;
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Clause 116: Section 9 reads as follows:
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9. The statistics, information and documentation obtained by the
Minister under this Act that relate to energy enterprises or corporations
that control energy enterprises shall be made available to the Agency
forthwith on receipt thereof.
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Clause 117: The heading before section 16 and
sections 16 to 29 read as follows:
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16. There is hereby established an agency to be known as the
Petroleum Monitoring Agency.
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17. The Agency shall consist of a Chairman appointed by the
Governor in Council and not more than two other members appointed
by the Minister.
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18. The Chairman is the chief executive officer of the Agency and
shall preside at meetings of the Agency.
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19. One of the members of the Agency may be designated by the
Minister to be Vice-Chairman thereof and in the event of the absence or
incapacity of the Chairman, or if the office of Chairman is vacant, the
Vice-Chairman has and may exercise and perform all the powers and
functions of the Chairman.
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20. Each member of the Agency shall, unless the Governor in
Council expressly otherwise directs, be deemed to be a person
employed in the Public Service for the purposes of the Public Service
Superannuation Act and shall be deemed to be a person described in
paragraph 5(1)(i) of that Act.
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21. Each member of the Agency shall be paid such remuneration as
may be fixed by the Governor in Council and is entitled, within such
limits as may be established by the Treasury Board, to be paid such
reasonable travel and living expenses as are incurred by him in the
course of his duties under this Act while absent from his ordinary place
of residence.
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22. The principal office of the Agency shall be in the National Capital
Region described in the schedule to the National Capital Act.
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23. The Agency may meet at such times and places as the Chairman
deems advisable.
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24. The Agency may make by-laws for the management of its
internal affairs and generally for the conduct of its activities.
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25. Such officers and employees of the Department of Natural
Resources as are necessary, in the opinion of the Minister, for the proper
conduct of the work of the Agency shall be made available to the
Agency.
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26. The Agency may engage on a contractual basis the services of
persons having technical or specialized knowledge to advise and assist
it in the performance of its duties and, with the approval of the Treasury
Board, may fix and pay the remuneration and expenses of those
persons.
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27. The Agency shall make such reports and furnish such advice to
the Minister as the Minister may from time to time request.
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28. (1) Subject to subsection (2), the Agency may publish, on its own
authority, such reports as it deems appropriate and necessary in respect
of energy commodities and energy enterprises and their holdings and
operations.
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(2) The Agency shall not disclose in any report published pursuant
to subsection (1) any statistic, information or documentation obtained
by it under this Act or any other Act of Parliament that identifies or
permits the identification of the individual, corporation, partnership,
trust or organization to which the statistic, information or documenta
tion relates without the written consent of that individual, corporation,
partnership, trust or organization.
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29. The Agency shall carry out such other duties and functions as the
Minister may assign to the Agency.
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Clause 118: Section 33 reads as follows:
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33. The statistics, information and documentation obtained by the
Minister under this Act, by the Agency under section 9, by the Energy
Supplies Allocation Board under section 15 or by the persons referred
to in paragraphs 34(a) and (b) are privileged and shall not knowingly
be or be permitted to be communicated, disclosed or made available
without the written consent of the person from whom they were
obtained.
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Clause 119: Section 42 reads as follows:
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42. This Act shall be deemed to be referred, for review and report,
to the first sitting of the Committee of the House of Commons that
normally considers oil and gas matters, following February 18, 1988.
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Clause 124: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 125: Subsections 3(5) and (6) read as follows:
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(5) A person who has reached the age of seventy years is not eligible
to be appointed a director of the Corporation and a director of the
Corporation ceases to hold office on reaching the age of seventy years.
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(6) A director of the Corporation on the expiration of that director's
term of office is, if not disqualified by age, eligible for re-appointment.
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Clause 126: Subsection 6(1) reads as follows:
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6. (1) The President shall be paid by the Corporation a salary to be
fixed by the Governor in Council and the Chairman and the other
directors of the Corporation other than the President shall be paid by the
Corporation such fees for attendances at meetings of the Board or any
committee thereof as are fixed by the Governor in Council.
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Clause 127: Subsection 10(2) reads as follows:
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(2) For the purposes of the Government Employees Compensation
Act and any regulation made pursuant to section 9 of the Aeronautics
Act, the President and the officers and employees of the Corporation
shall be deemed to be employed in the public service of Canada.
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Clause 128: Sections 17.1 and 17.2 are new. Section
17 reads as follows:
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17. (1) The Governor in Council shall appoint an Advisory
Committee consisting of not more than fifteen members, one of whom
shall be designated by the Governor in Council to be the Chairman of
the Advisory Committee, and at least one-third of whom shall be
persons, or representative of persons, actively engaged in the freshwa
ter fishing industry as fishermen.
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(2) Each of the members of the Advisory Committee shall be
appointed for a term not exceeding five years, and of those members
first appointed five shall be appointed for a term of two years and five
for a term of four years.
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(3) A member of the Advisory Committee is, on the expiration of his
term of office, eligible for re-appointment.
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Clause 129: New.
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Clause 130: The definition ``fisherman'' in section 19
reads as follows:
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``fisherman'' means a person licensed pursuant to the Fisheries Act or
the regulations thereunder to fish for commercial purposes in a par
ticipating province, and includes any person acting on behalf of and
representing any two or more persons so licensed.
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Clause 131: (1) The relevant portion of subsection
22(1) reads as follows:
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22. (1) Subject to section 20, the Corporation has the exclusive right
to trade in and to market fish in interprovincial and export trade and
shall exercise that right, either by itself or by its agents, with the object
of
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(b) increasing returns to fishermen; and
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(2) Subsection 22(2) reads as follows:
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(2) All fish lawfully fished by a fisherman and offered by the
fisherman for sale to the Corporation for disposal in interprovincial or
export trade shall be bought by the Corporation from the fisherman on
such terms and conditions and for such price as may be agreed on by the
Corporation and the fisherman subject to any applicable scheme for
payment established and operated by the Corporation pursuant to
section 23.
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Clause 144: Repeal of the Act.
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Clause 145: Subsection 5(1) reads as follows:
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5. (1) Each commissioner shall be paid a salary to be fixed by the
Governor in Council and is entitled to be paid reasonable travel and
other expenses incurred by him while absent from his ordinary place of
residence in the course of his duties under this Act.
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Clause 147: The relevant portion of subsection 4(1)
reads as follows:
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4. (1) A Board to be called the Historic Sites and Monuments Board
of Canada is hereby established, consisting of seventeen members as
follows:
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(c) an officer of the Department of the Environment designated by
the Minister; and
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Clauses 148 and 149: These amendments would
replace the word ``Chairman'' with the word ``Chairper
son''.
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Clause 150: Subsection 58(1) reads as follows:
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58. (1) The Chairperson 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.
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Clause 151: (1) Subsection 62(3.1) is new. Subsection
62(3) reads as follows:
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(3) The Chairperson, each member 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 residence in the course of the performance of their duties under
this Act.
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(2) New.
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Clause 152: (1) Subsection 69.1(7) reads as follows:
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(7) Subject to subsection (8), two members constitute a quorum of
the Refugee Division for the purposes of a hearing under this section.
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(2) Subsection 69.1(8) reads as follows:
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(8) One member of the Refugee Division may hear and determine a
claim under this section if the person making the claim consents thereto,
and the provisions of this Part apply in respect of a member so acting as
they apply in respect of the Refugee Division, and the disposition of the
claim by the member shall be deemed to be the disposition of the
Refugee Division.
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(3) Subsections 69.1(9.1) to (10.1) read as follows:
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(9.1) If each member of the Refugee Division hearing a claim is of
the opinion that the person making the claim is not a Convention
refugee and is of the opinion that there was no credible or trustworthy
evidence on which that member 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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(10) Subject to subsection (10.1), in the event of a split decision, the
decision favourable to the person who claims to be a Convention
refugee shall be deemed to be the decision of the Refugee Division.
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(10.1) Where, with respect to any person who claims to be a
Convention refugee, both members of the Refugee Division hearing the
claim are satisfied
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(a) that there are reasonable grounds to believe that the person,
without valid reason, has destroyed or disposed of identity docu
ments that were in the person's possession,
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(b) that the person has, since making the claim, visited the country
that the person claims to have left, or outside of which the person
claims to have remained, by reason of fear of persecution, or
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(c) that the country that the person claims to have left, or outside of
which the person claims to have remained, by reason of fear of
persecution is a country that is prescribed under paragraph
114(1)(s.1) to be a country that respects human rights,
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then, in the event of a split decision on the claim, the decision not fa
vourable to the person shall be deemed to be the decision of the Refugee
Division.
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Clause 154: Section 9 and the heading before it read
as follows:
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9. For the purposes of section 3 of the Crown Liability and
Proceedings Act, a tort committed by the person appointed by the
Governor in Council to be the Canadian member of the Commission
while acting within the scope of the member's duties or employment
shall be deemed to have been committed by a servant of the Crown
while acting within the scope of the servant's duties or employment.
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Clause 159: (1) and (2) The definitions ``Board'',
``designated industry'' and ``effective date of lay-off'' in
subsection 2(1) read as follows:
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``Board'' means the Labour Adjustment Review Board established by
section 6;
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``designated industry'' means an industry designated pursuant to sec
tion 3;
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``effective date of lay-off'', in respect of an employee, means the date
the employee was laid off as determined by the Board pursuant to
subsection 11(3);
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(3) New.
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Clause 160: The heading before section 3 and sections
3 to 9 read as follows:
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3. (1) For the purposes of this Act, the Governor in Council may, by
order, designate any industry either generally or with respect to any
region of Canada.
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(2) An industry may be designated generally pursuant to subsection
(1) if the Governor in Council is satisfied that
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(a) the industry in Canada generally is undergoing significant
economic adjustment of a non-cyclical nature by reason of import
competition or by reason of industrial restructuring implemented
pursuant to a policy or program of the Government of Canada to
encourage such restructuring; and
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(b) the economic adjustment referred to in paragraph (a) is resulting
in a significant loss of employment in the industry in Canada
generally.
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(3) An industry may be designated with respect to any region of
Canada pursuant to subsection (1) if the Governor in Council is satisfied
that
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(a) the industry in that region is undergoing significant economic
adjustment of a non-cyclical nature; and
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(b) the economic adjustment referred to in paragraph (a) is resulting
in a severe economic disruption in that region and in a significant
loss of employment in the industry in that region.
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4. (1) An order made under subsection 3(1) that designates an
industry generally is in force for such period, not exceeding three years
from the date the order is made, as is specified in the order unless, before
the expiration of the period so specified, the Governor in Council makes
a continuation order continuing the order in force for such period, not
exceeding three years, as is specified in the continuation order.
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(2) Not more than one continuation order may be made under
subsection (1) in respect of any one order made under subsection 3(1).
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(3) An order made under subsection 3(1) that designates an industry
with respect to a region in Canada is in force for one year from the date
the order is made unless, before the expiration of that one year, the
Governor in Council makes a continuation order continuing the order
in force for such period, not exceeding six months, as is specified in the
continuation order.
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(4) Where the Governor in Council has made a continuation order
under subsection (3) continuing an order in force, he may, before the
expiration of the period for which the order is so continued, make one
further continuation order continuing the order in force for such further
period, not exceeding six months, as is specified in the further
continuation order.
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(5) The revocation or expiration of an order made under this section
or section 3 does not affect the entitlement, after the revocation or
expiration, of any person laid off while the order was in force to make
an application under section 11 or 13 in relation to the order or to receive
labour adjustment benefits by virtue of the order.
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5. (1) Subject to subsection (2), the Governor in Council may, in any
order made under section 3 or 4, declare
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(a) that the designation of the industry in the order is retroactive in
effect and applies as of such day, before the date of the order, as is
specified in the order; and
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(b) that this Act applies in respect of lay-offs from a Canadian
establishment in the industry designated in the order occurring on or
after the day specified pursuant to paragraph (a).
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(2) The Governor in Council may not specify pursuant to paragraph
(1)(a) a day that is earlier than May 1, 1978.
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6. (1) There is hereby established a board, to be known as the Labour
Adjustment Review Board, consisting of not more than five members.
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(2) Each member of the Board shall be appointed by the Minister to
hold office during pleasure.
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(3) One member of the Board shall be appointed after consultation
with such organizations representative of employees as the Minister
deems appropriate and shall be a representative of employees and
another member of the Board shall be appointed after consultation with
such organizations representative of employers as the Minister deems
appropriate and shall be a representative of employers.
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(4) If any member of the Board is absent or unable to act, the Minister
may appoint a person to act as a member for the time being, but no
person so appointed has authority to act as a member for a period
exceeding ninety days without the approval of the Minister.
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(5) A member appointed pursuant to subsection (4) holds office
during pleasure and may exercise all the powers and carry out all the
duties and functions of a member of the Board.
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(6) The members of the Board who are not employed in the public
service of Canada are entitled to be paid for their services in connection
with the work of the Board such remuneration and expenses as are
authorized by the Governor in Council.
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7. (1) The Minister shall designate one member of the Board to be
Chairman of the Board and another member to be Vice-Chairman of the
Board.
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(2) If the Chairman of the Board is absent or unable to act or if that
office is vacant, the Vice-Chairman of the Board may exercise all the
powers and carry out all the duties and functions of the Chairman.
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(3) The Chairman of the Board is the chief executive officer of the
Board and has supervision over and direction of the work and staff of
the Board and shall preside at meetings of the Board.
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8. (1) The head office of the Board shall be at such place in Canada
as the Governor in Council may, by order, designate.
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(2) The Board may sit at such time and at such place in Canada as it
considers necessary or desirable for the proper conduct of its business.
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(3) The Board may make rules respecting
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(a) the sittings of the Board;
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(b) the manner of dealing with matters and business before the
Board; and
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(c) the exercise of the powers and performance of the duties and
functions of the Board generally.
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(4) The Minister may, on request of the Board, provide the Board
with such professional, technical, secretarial, clerical and other assis
tance as is necessary for the proper conduct of the business of the Board.
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9. The Board shall exercise such powers and perform such duties and
functions as are conferred or imposed on it by, or as may be incidental
to the attainment of the objects of, this Act.
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Clause 161: The heading before section 11 and
sections 11 and 12 read as follows:
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11. (1) Any employee who has been laid off may apply, directly or
through an employer, trade union or any person, to the Board for
certification that he is eligible to apply to the Commission for labour
adjustment benefits.
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(2) An application under subsection (1) shall be submitted in such
form and manner as the Board may direct and shall set out the name of
the employee in respect of whom the application is being made and such
other information as the Board may require.
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(3) On receipt of an application under subsection (1), the Board shall
carry out such investigation as it considers necessary for the purpose of
determining the eligibility of the employee named in the application to
apply to the Commission for labour adjustment benefits and for that
purpose the Board shall determine the date the employee was laid off.
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(4) On completion of its investigation under subsection (3), the
Board shall determine whether or not the employee is eligible to apply
to the Commission for labour adjustment benefits and shall notify the
applicant in writing of its decision.
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(5) Where the Board determines pursuant to subsection (4) that an
employee is eligible to apply to the Commission for labour adjustment
benefits, it shall so certify in writing to the Commission.
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(6) Certification under subsection (5) shall be submitted in such form
and manner as the Commission may direct and shall set out the name of
the employee certified, his effective date of lay-off and such other
information respecting the lay-off of the employee as the Commission
may require.
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12. The Board may certify that an employee named in an application
under section 11 is eligible to apply to the Commission for labour
adjustment benefits if
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(b) the Canadian establishment from which he was laid off was, at the
time of his lay-off, part of a designated industry;
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(c) the number of employees at the Canadian establishment referred
to in paragraph (b) was reduced as a result of lay-offs, in any twelve
month period including the employee's effective date of lay-off, by
at least ten per cent or fifty employees, whichever is the lesser; and
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(d) his lay-off resulted from the economic adjustment referred to in
subsection 3(2) or (3), as the case may be.
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Clause 162: Subsection 13(1) reads as follows:
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13. (1) An employee who has been certified under section 11 may
apply to the Commission for labour adjustment benefits.
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Clause 163: (1) The relevant portion of subsection
14(1) reads as follows:
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14. (1) The Commission may determine that an employee who has
been certified under section 11 is qualified to receive labour adjustment
benefits if
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(2) The relevant portion of subsection 14(2) reads as
follows:
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(2) Notwithstanding subsection (1), where the Commission is of the
opinion that an employee certified under section 11 who would be
qualified under subsection (1) to receive labour adjustment benefits but
for the requirements set out in paragraphs (1)(b) and (c) or either
paragraph will suffer severe financial hardship unless he 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) reads as follows:
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(3) Notwithstanding subsection (1), where an employee certified
under section 11 would be qualified under subsection (1) to receive
labour adjustment benefits but for the requirement set out in paragraph
(1)(b), the Commission may determine that the employee is qualified to
receive labour adjustment benefits if he shows that he is in substantial
compliance with the requirement and that he does not meet such
requirement by reason only of illness, disability, lay-off or any other
good cause whatever.
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Clause 164: Section 15 reads as follows:
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15. Where the Canadian establishment from which an employee was
laid off was, at the time of his lay-off, part of an industry designated
generally pursuant to section 3, the Commission shall, in applying
paragraph 14(1)(b) or 14(2)(b) in respect of the employee, take into
account as employment in that industry any period of employment of
that employee preceding his 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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Clause 165: (1) Subsection 17(1) reads as follows:
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17. (1) Where the Commission determines that an employee who has
been certified under section 11 is qualified to receive labour adjustment
benefits, 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) reads as follows:
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(3) Where a qualified employee was certified by the Board pursuant
to section 11 after the week his benefits under the Unemployment
Insurance Act subsequent to his lay-off were exhausted, in addition to
the labour adjustment benefits otherwise payable to him under this Act,
labour adjustment benefits are payable to him from the later of
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(b) the week during which he applied to the Board for certification
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to the week during which he was so certified.
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Clause 166: (1) Subsections 24(1) to (4) read as
follows:
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24. (1) Where the Board becomes aware of facts establishing, in its
opinion, that a person, in relation to an application under section 11, has
made a statement or representation that he knew to be false or
misleading or has participated or acquiesced in the making of such a
statement or representation, the Board may revoke the certification of
any employee named in the application.
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(2) Before the Board revokes the certification of an employee
pursuant to subsection (1), it shall notify the employee in writing of its
intention to do so.
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(3) An employee who is notified pursuant to subsection (2) may
within thirty days after the date of the notice, or within such further time
as the Board may allow, make representations in writing to the Board
with respect to the proposed revocation of his certification.
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(4) Where the Board revokes the certification of an employee
pursuant to subsection (1), it shall notify the employee and the
Commission in writing of the revocation.
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(2) Subsection 24(7) reads as follows:
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(7) Nothing in this section shall be construed as preventing an
employee whose certification is revoked pursuant to subsection (1)
from re-applying to, and being certified by, the Board under section 11.
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Clause 167: (1) Subsection 28(1) reads as follows:
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28. (1) An officer of the Board authorized pursuant to subsection (4)
may at any reasonable time enter any premises or place, other than a
private dwelling or any part of any premises or place that is designed to
be used and is being used as a permanent or temporary private dwelling,
where he believes on reasonable grounds any employee was employed
and may make such examination and inquiry as may be necessary to
determine whether or not the employee is eligible to apply to the
Commission for labour adjustment benefits.
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(2) Subsection 28(3) reads as follows:
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(3) The following persons, namely,
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(a) any person who is occupying any premises or place described in
subsection (1) or (2), every person found therein and the servants or
agents of the occupier,
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(b) any person who can reasonably be considered to be or have been
an employer of an employee, the servants and agents of that person
and the trustees in bankruptcy, administrators or liquidators con
cerned with that person's estate, and
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(c) any person who has been employed by, or has acted as agent for,
any person described in paragraph (a) or (b)
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shall forthwith on being requested by an officer referred to in subsection
(1) or (2), whether orally or in writing, produce to the officer or any per
son designated by the officer all such documents or other information
relating to the administration of this Act as the officer requests.
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(3) Subsection 28(4) reads as follows:
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(4) The Minister, on the request of the Board, may, in writing,
authorize any officer of the Board to exercise the powers conferred by
subsection (1) in respect of any particular employee or employees
named or described in the authorization and to administer or receive any
oath, solemn affirmation or statutory declaration required to be given
pursuant to this section in respect thereof, and, on entering any premises
or place referred to in that subsection, the officer shall, if so requested,
produce the authorization to the person in charge of the premises or
place.
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(4) Subsection 28(6) reads as follows:
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(6) Every officer authorized to receive or administer any oath,
solemn affirmation or statutory declaration pursuant to subsection (4)
or (5) has for those purposes all the powers of a commissioner for
administering oaths or affidavits.
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Clause 168: Section 30 reads as follows:
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30. The Commission may consult with the Board either generally or
with respect to any particular application under this Act.
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Clause 169: (1) Subsection 31(1) reads as follows:
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31. (1) A decision of the Board under this Act is final and binding and
is not subject to appeal to or review by any court except the Federal
Court in accordance with the Federal Court Act.
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(2) Subsection 31(4) reads as follows:
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(4) Notwithstanding subsection (1), the Board or the Commission
may rescind or amend any decision it takes under this Act on the
presentation of new facts or on being satisfied that the decision was
given without knowledge of, or was based on a mistake as to, some
material fact.
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Clause 170: Subsection 32(1) reads as follows:
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32. (1) All written or oral information that is obtained by the Board
or the Commission in the course of carrying out its duties under this Act
is privileged and shall be made available only to persons engaged in the
administration or enforcement of this Act and neither the Board, the
Commission, the Minister nor any such person is compellable to give
evidence relating to that information or to produce any document
containing that information.
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Clause 171: The relevant portion of section 34 reads
as follows:
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34. Every person who
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(a) in relation to an application under section 11 or 13, a review under
subsection 16(1) or a report under subsection 22(2), makes, or
participates or acquiesces in the making of, a statement or represen
tation that he knows to be false or misleading,
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Clause 172: Section 36 reads as follows:
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36. (1) The Minister shall, as soon as possible after March 31, June
30, September 30 and December 31 each year, prepare a report on the
administration of this Act during the preceding three months including
a statement showing the number, during the three months, of applica
tions under sections 11 and 13 and of persons to whom labour
adjustment benefits were paid and the Minister shall cause the report to
be laid before Parliament on any of the first fifteen days that either
House of Parliament is sitting after the day he completes it.
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(2) The Board and the Commission shall, on the request of the
Minister, provide the Minister with such information on the administra
tion of this Act as he may require to prepare his report under subsection
(1).
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Clause 176: This amendment would replace the words
``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen''
with the words ``Chairperson'', ``Vice-Chairperson''
and ``Vice-Chairpersons''.
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Clause 177: (1) This amendment would replace the
words ``Chairman'' and ``Vice-Chairman'' with the
words ``Chairperson'' and ``Vice-Chairperson''.
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(2) Subsection 10(3) reads as follows:
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(3) A person is not eligible to hold office as a member of the Board
if the person
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(a) is not a Canadian citizen;
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(b) holds any other employment or office in respect of which that
person receives any remuneration; or
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(c) has attained the age of seventy years.
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(3) This amendment would replace the words ``Chair
man'' and ``Vice-Chairman'' with the words ``Chairper
son'' and ``Vice-Chairperson''.
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Clause 178: Section 12 reads as follows:
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12. Each member of the Board and person carrying out duties or
responsibilities under section 11
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(a) shall be paid a salary to be fixed by the Governor in Council; and
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(b) is entitled to be paid reasonable travel and other expenses
incurred by him while absent from his ordinary place of residence in
the course of his duties under this Part.
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Clause 179: Subsection 14(1) reads as follows:
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14. (1) At any meeting of the Board for the conduct of its business
and for any proceeding before the Board, at least three members shall
be present, one of whom shall be either the Chairman or a Vice-Chair
man.
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Clause 180: This amendment would replace the words
``chairman'' and ``vice-chairman'' with the words
``chairperson'' and ``vice-chairperson''.
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Clause 182: Subsection 18(2) reads as follows:
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(2) A person is not eligible to be appointed as a member of the Board
if that person is not a Canadian citizen.
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Clause 183: (1) Subsection 23(1) reads as follows:
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23. (1) There shall be a Director of each museum, who shall be
appointed by the Board of the museum, with the approval of the
Governor in Council, to hold office during pleasure for a term not
exceeding five years.
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(2) Subsection 23(5) reads as follows:
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(5) The Director shall be paid by the museum such remuneration as
the Board, with the approval of the Governor in Council, may
determine.
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Clause 184: Subsection 24(5) reads as follows:
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(5) The trustees, officers and employees of a museum shall be
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 regulation made pursuant to section 9 of the
Aeronautics Act.
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Clause 185: (1) Subsection 6(1) reads as follows:
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6. (1) There shall be a Director of the Centre to be appointed by the
Board to hold office for a term not exceeding five years.
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(2) Subsection 6(3) reads as follows:
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(3) The Director shall be paid by the Corporation such salary as is
fixed by the Governor in Council.
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Clause 186: Subsection 13(2) reads as follows:
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(2) For the purposes of the Government Employees Compensation
Act and any regulation made pursuant to section 9 of the Aeronautics
Act, the Director and the officers and employees of the Corporation shall
be deemed to be employees in the public service of Canada.
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Clause 187: Section 14 reads as follows:
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14. The Corporation is not an agent of Her Majesty and, except as
provided in section 13, the Director and the officers and employees of
the Corporation are not part of the public service of Canada.
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Clause 188: Subsection 3(3) reads as follows:
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(3) A member appointed pursuant to subsection (2) is eligible to be
re-appointed to hold office during good behaviour for any term of seven
years or less and every member ceases to hold office on attaining the age
of seventy years.
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Clause 189: New.
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Clause 190: This amendment would replace the words
``Chairman'' and ``Vice-Chairman'' with the words
``Chairperson'' and ``Vice-Chairperson''.
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Clause 191: Subsection 92(1) reads as follows:
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92. (1) An Arbitration Committee shall consist of not less than three
members appointed by the Minister each of whom shall receive such
remuneration as is fixed by the Minister with the approval of the
Governor in Council.
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Clause 193: Subsection 4(2) reads as follows:
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(2) Each member of the Board, other than the Commissioner, holds
office for three years, but may be removed for cause by the Governor
in Council.
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Clause 194: Section 6 reads as follows:
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6. A member of the Board, other than the Commissioner or a member
of the public service of Canada or Canadian Forces, may be paid such
fee for each meeting of the Board that the member attends as may be
fixed by by-law of the Board, and the members of the Board are entitled
to be paid actual travel and living expenses necessarily incurred in
connection with the business of the Board.
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Clause 195: Subsection 7(4) reads as follows:
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(4) The Chairman of the Board shall furnish the Minister with a copy
of the minutes of each meeting of the Board.
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Clause 196: The relevant portion of subsection 10(1)
reads as follows:
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10. (1) Subject to the direction and control of the Minister, the Board
may, for the purposes for which it is established,
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Clause 197: Subsection 13(4) reads as follows:
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(4) The appointment of a person by the Board to a continuing
position at a salary exceeding such amount as the Governor in Council
may determine is not effective until approved by the Governor in
Council.
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Clause 198: Subsections 16(1) and (2) read as follows:
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16. (1) There shall be a Government Film Commissioner who shall
be appointed by the Governor in Council on the recommendation of the
Board and paid such salary as the Governor in Council may determine.
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(2) The Commissioner shall be appointed to hold office for a period
not exceeding five years but may be removed from office for cause by
the Governor in Council on the recommendation of the Board.
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Clause 199: Sections 3 to 5 read as follows:
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3. (1) The Governor in Council may establish one or more advisory
committees to be known as Prairie Farm Rehabilitation Committees, the
members of which hold office during pleasure.
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(2) One of the members of each advisory committee shall be
appointed chairman thereof by the Minister.
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4. The advisory committees established pursuant to subsection 3(1)
shall consider and advise the Minister as to the best methods to be
adopted to secure the rehabilitation of the drought and soil drifting areas
in the Provinces of Manitoba, Saskatchewan and Alberta, and to
develop and promote within those areas systems of farm practice, tree
culture, water supply, land utilization and land settlement that will
afford greater economic security, and to make such representations
thereon to the Minister as the advisory committees may deem
expedient.
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5. No member of an advisory committee shall receive any payment
or emolument for his services, but he shall be repaid all actual
reasonable travel or other expenses in connection with the work of the
advisory committee.
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Clause 200: The relevant portion of subsection 9(1)
reads as follows:
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9. (1) The Minister may
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(a) subject to section 4, undertake the development, construction,
promotion, operation and maintenance of any project or scheme
under or by virtue of this Act, or enter into agreements with any
province, municipality or person with respect thereto; and
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Clause 202: The relevant portion of subsection 13(1)
reads as follows:
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13. (1) A person is not eligible to hold office as a member of the
Board if the person
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(a) is not a Canadian citizen;
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Clause 203: The relevant portion of section 17 reads
as follows:
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17. Every member and every person referred to in subsection 13(2)
who carries out duties or responsibilities under this Act
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(b) is entitled to be paid reasonable travel and other expenses
incurred while absent from his ordinary place of residence in the
course of his duties under this Act.
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Clause 204: (1) This amendment is consequential on
the amendment proposed in subclause (2).
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(2) New.
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Clause 205: (1) Subsections 25(1) and (2) read as
follows:
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25. (1) There is hereby established a committee, to be known as the
Royal Canadian Mounted Police External Review Committee, consist
ing of a Chairman, a Vice-Chairman and not more than three other
members, to be appointed by order of the Governor in Council.
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(2) The Committee Chairman is a full-time member of the
Committee and the other members may be appointed as full-time or
part-time members of the Committee.
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(2) New.
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(3) Subsection 25(6) reads as follows:
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(6) Each full-time member of the Committee is entitled to be paid
such salary in connection with the work of the Committee as may be
approved by order of the Governor in Council.
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(4) Subsection 25(10) is new. Subsections 25(8) and
(9) read as follows:
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(8) Each member of the Committee 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 connection with the work
of the Committee.
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(9) The full-time members of the Committee are deemed to be
employed in the Public Service for the purposes of the Public Service
Superannuation Act and to be employed in the public service of Canada
for the purposes of the Government Employees Compensation Act and
any regulations made under section 9 of the Aeronautics Act.
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Clause 206: Subsections 26(2) and (3) read as follows:
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(2) In the event of the absence or incapacity of the Committee
Chairman or if the office of Committee Chairman is vacant, the Minister
may authorize the Vice-Chairman to exercise the powers and perform
the duties and functions of the Committee Chairman.
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(3) The Committee Chairman may delegate to the Vice-Chairman
any of the Committee Chairman's powers, duties or functions under this
Act, except the power to delegate under this subsection and the duty
under section 30.
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Clause 207: (1) Subsection 45.29(1) reads as follows:
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45.29 (1) There is hereby established a commission, to be known as
the Royal Canadian Mounted Police Public Complaints Commission,
consisting of a Chairman, a Vice-Chairman, a member for each
contracting province and not more than three other members, to be
appointed by order of the Governor in Council.
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(2) Subsection 45.29(3) reads as follows:
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(3) The Commission Chairman is a full-time member of the
Commission and the other members may be appointed as full-time or
part-time members of the Commission.
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(3) New.
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(4) Subsections 45.29(7) to (9) read as follows:
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(7) The Governor in Council may, by order, appoint a person to be
an alternate member for any member of the Commission, other than the
Commission Chairman, and the alternate member so appointed may act
as a member of the Commission in the event of the absence, incapacity
or ineligibility to conduct a hearing of that member.
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(8) An alternate member shall be appointed as a part-time member
of the Commission and subsections (2), (4) to (6) and (10) and (11)
apply, with such modifications as the circumstances require, to an
alternate member as though the alternate member were a member of the
Commission.
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(9) Each full-time member of the Commission is entitled to be paid
such salary in connection with the work of the Commission as may be
approved by order of the Governor in Council.
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(5) Subsections 45.29(11) and (12) read as follows:
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(11) Each member of the Commission 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 connection
with the work of the Commission.
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(12) The full-time members of the Commission are deemed to be
employed in the Public Service for the purposes of the Public Service
Superannuation Act and to be employed in the public service of Canada
for the purposes of the Government Employees Compensation Act and
any regulations made under section 9 of the Aeronautics Act.
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Clause 208: Subsections 45.3(2) and (3) read as
follows:
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(2) In the event of the absence or incapacity of the Commission
Chairman or if the office of Commission Chairman is vacant, the
Minister may authorize the Vice-Chairman to exercise the powers and
perform the duties and functions of the Commission Chairman.
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(3) The Commission Chairman may delegate to the Vice-Chairman
any of the Commission Chairman's powers, duties or functions under
this Act, except the power to delegate under this subsection and the duty
under section 45.34.
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Clause 209: New.
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Clause 212: Subsection 704(1) reads as follows:
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704. (1) The Governor in Council shall appoint an Administrator of
the Ship-source Oil Pollution Fund to hold office during good
behaviour for such term, not exceeding five years, as is fixed by the
Governor in Council.
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Clause 213: Subsection 708(1) reads as follows:
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708. (1) The Governor in Council may appoint a Deputy Administra
tor of the Ship-source Oil Pollution Fund to hold office during good
behaviour for such term, not exceeding five years, as is fixed by the
Governor in Council.
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Clause 214: (1) Subsection 4(1) reads as follows:
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4. (1) The Minister of Communications shall establish a Canadian
Council on the Status of the Artist, composed of seven to twelve
part-time members, including a Chairperson, one or two Vice-chairper
sons and not more than nine other members, to be appointed by the
Governor in Council on the recommendation of the Minister and to hold
office during pleasure of the Governor in Council.
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(2) Subsection 4(4) reads as follows:
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(4) Each Council member shall be paid reasonable travel and other
expenses incurred while performing the member's duties, and shall
receive such fees for attendance at Council meetings as the Governor
in Council may fix.
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Clause 215: (1) Subsection 10(1) reads as follows:
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10. (1) The Canadian Artists and Producers Professional Relations
Tribunal is hereby established, composed of a Chairperson, a Vice-
chairperson and not less than two or more than four other full-time or
part-time members.
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(2) Subsection 10(3) reads as follows:
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(3) The members of the Tribunal shall be appointed for a term not
exceeding
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(a) seven years, in the case of the Chairperson;
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(b) five years, in the case of the Vice-chairperson and any full-time
member; and
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(c) three years, in the case of any other member.
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Clause 216: Section 12 reads as follows:
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12. (1) Each member of the Tribunal shall be paid such remuneration
as the Governor in Council may fix, and be reimbursed for reasonable
travel and other expenses incurred while performing the member's
duties outside the member's ordinary place of residence.
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(2) The full-time members of the Tribunal are deemed to be
employed in the public service of Canada for the purposes of the Public
Service Superannuation Act, the Government Employees Compensa
tion Act and regulations made under section 9 of the Aeronautics Act.
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Clause 218: (1) Subsection 3(1) reads as follows:
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3. (1) The Governor in Council may appoint an officer who shall be
called the Director of Soldier Settlement who shall hold office during
pleasure.
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(2) Subsection 3(5) reads as follows:
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(5) In the absence of the Director of Soldier Settlement, an officer
named by the Minister shall have the powers and perform the duties of
such Director.
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Clause 219: The relevant portion of section 64 reads
as follows:
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64. The Board may, with the approval of the Governor in Council,
and subject to the provisions of this Act, make regulations, prescribing
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Clause 221: Subsection 3(1) reads as follows:
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3. (1) The Governor in Council may appoint an officer to be known
as The Director, The Veterans' Land Act (in this Act referred to as ``the
Director'') who shall be responsible to the Minister and be paid such
salary as may be fixed by the Governor in Council.
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Clause 222: The heading before section 21 and
section 21 read as follows:
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21. (1) There shall be one or more provincial advisory boards in each
province appointed by the Governor in Council, each Board being
comprised of three members; the chairperson shall be a judge of a
county or district court of the province in which the board operates (or
in the Province of Quebec a judge of the Court of Quebec, or in the
Province of Ontario a judge of the Ontario Court (General Division), or
in the Province of British Columbia a judge of the Supreme Court, or in
the Province of Prince Edward Island or Newfoundland a judge of the
Trial Division of the Supreme Court, or in the Province of New
Brunswick, Manitoba, Alberta or Saskatchewan a judge of the Court of
Queen's Bench), and one member shall be nominated by the Royal
Canadian Legion.
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(2) The Director, before taking any action or proceedings under
subsection 22(1), shall, upon due notice to the veteran concerned, refer
the question of rescission in any case to the appropriate advisory board
in the province in which the land concerned is situated, for its consent
as to whether the default in performance of the agreement warrants the
Director in exercising the powers given him under the said subsection
or as to the remedial conditions to be fulfilled by the veteran, in default
of compliance with which rescission of the agreement may ensue.
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(3) Notwithstanding subsection (2), where the Director is of the
opinion that it is impracticable to refer the question of the rescission of
an agreement with a veteran to an advisory board in the province in
which the land concerned is situated, the Director may, upon due notice
to the veteran concerned, refer the question of rescission to the
appropriate advisory board in an adjacent province.
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