|
HUMAN RESOURCES |
|
Personnel
|
13. (1) The Chief Executive Officer has
exclusive authority to
|
|
|
|
|
|
|
|
Right of
employer
|
(2) Nothing in the Public Service Staff
Relations Act shall be construed to affect the
right or authority of the Chief Executive
Officer to deal with the matters referred to in
paragraph (1)(b).
|
|
Personnel
management
|
(3) Subsection 11(2) of the Financial
Administration Act does not apply with
respect to the Agency and the Chief Executive
Officer may
|
|
|
|
|
|
|
|
|
|
|
Political
partisanship
|
14. (1) For the purposes of sections 32 to 34
of the Public Service Employment Act, the
Chief Executive Officer is deemed to be a
deputy head, and an employee is deemed to be
an employee within the meaning of that Act.
|
|
Services of
the Public
Service
Commission
|
(2) The Public Service Commission may, at
the request of the Agency, provide any service
to the Agency that it is authorized to provide
to a department under the Public Service
Employment Act or any other related service,
and may recover from the Agency the costs
incurred in providing the service, and the
Commission is, for greater certainty,
authorized to enter into arrangements with the
Agency for those purposes.
|
|
Negotiation of
collective
agreements
|
15. Notwithstanding section 56 of the
Public Service Staff Relations Act, the Chief
Executive Officer may, in accordance with the
negotiating mandate approved by the
President of the Treasury Board, enter into a
collective agreement with the bargaining
agent for a bargaining unit composed of
employees that is applicable to employees in
that bargaining unit.
|
|
|
GENERAL |
|
Charter for
the Agency
|
16. (1) The Chief Executive Officer is
responsible for establishing a charter for the
Agency that sets out the values and principles
governing
|
|
|
|
|
|
|
|
Available to
the public
|
(2) The charter established under
subsection (1) shall be made available to the
public.
|
|
Principal
office
|
17. The principal office of the Agency shall
be in the National Capital Region described in
the schedule to the National Capital Act.
|
|
Legal
proceedings
|
18. (1) Actions, suits or other legal
proceedings in respect of any right or
obligation acquired or incurred by the
Agency, whether in its own name or in the
name of Her Majesty in right of Canada, may
be brought or taken by or against the Agency
in the name of the Agency in any court that
would have jurisdiction if the Agency were
not an agent of Her Majesty.
|
|
Property
|
(2) Property acquired by the Agency is the
property of Her Majesty in right of Canada and
title to it may be held in the name of Her
Majesty or in the name of the Agency.
|
|
|
FINANCIAL PROVISIONS |
|
Appropria- tions
|
19. (1) Money may be appropriated by
Parliament from time to time by way of a vote
in an appropriation Act or any other Act of
Parliament, for the period that may be
specified in the Act, for the purposes of
making operating and capital expenditures of
the Agency and providing financial assistance
in the form of grants and contributions.
|
|
Multi-year
lapsing
|
(2) The unexpended balance of money
referred to in subsection (1) appropriated by
any Act of Parliament for the purpose of
making operational expenditures of the
Agency lapses at the end of the fiscal year
following the year in which the money was
originally appropriated or at the end of any
longer period that may be specified in the Act.
|
|
Interpreta- tion
|
20. (1) For the purposes of paragraphs (2)(b)
and 21(2)(a), terms and expressions used in
those paragraphs have the same meaning as in
the Federal Real Property Act.
|
|
Operational
revenues
|
(2) Notwithstanding subsection 29.1(1) of
the Financial Administration Act, the Agency
may, for the purposes referred to in subsection
19(1), spend amounts equal to revenues
resulting from the conduct of its operations in
that or subsequent fiscal years, including
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Establish- ment of New Parks and Historic Sites Account
|
21. (1) There is hereby established an
account in the accounts of Canada to be called
the New Parks and Historic Sites Account.
|
|
Amounts
credited to
Account
|
(2) There shall be credited to the New Parks
and Historic Sites Account money
appropriated by Parliament from time to time
by way of an appropriation Act or any other
Act of Parliament for the purposes specified in
subsection (3), and any revenues of the
Agency resulting, including proceeds, from
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Payments out
of New Parks
and Historic
Sites Account
|
(3) Subject to the approval by the Treasury
Board of the corporate plan prepared under
section 33, amounts may, notwithstanding any
other Act of Parliament, be paid out of the
New Parks and Historic Sites Account for the
following purposes:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Determi- nation of status
|
(4) The Chief Executive Officer must, in
accordance with the guidelines established
under subsection (5), determine whether a
national park, national historic site or other
protected heritage area has attained full
operational status for the purposes of
paragraphs (3)(b) and (c).
|
|
Guidelines
|
(5) The Chief Executive Officer must, with
the approval of the Minister, establish
guidelines respecting the making of a
determination under subsection (4).
|
|
Statutory
appropriation
|
22. (1) There is hereby appropriated from
the Consolidated Revenue Fund the amount of
ten million dollars for the purpose of
providing advances, from time to time, to the
New Parks and Historic Sites Account.
|
|
Advances to
the Account
|
(2) The Minister of Finance may, on the
request of the Minister, authorize the making
of advances to the New Parks and Historic
Sites Account from the money appropriated
under subsection (1) in accordance with any
terms and conditions that have been approved
by the Treasury Board.
|
|
Credits to the
Account
|
(3) An advance made as authorized under
subsection (2) must be credited to the New
Parks and Historic Sites Account.
|
|
Repayment of
advances
|
(4) The repayment of the principal amount
of any advance made as authorized under
subsection (2) shall, in accordance with any
direction made by the Treasury Board, be
charged to the New Parks and Historic Sites
Account and credited to the balance
outstanding of money appropriated under
subsection (1), and the payment of any amount
on account of interest payable on the advance
may be made from money appropriated under
an Act of Parliament as authorized under
subsection 19(1).
|
|
Amount may
be changed
|
(5) The amount of advances authorized
under subsection (1) may be amended, from
time to time, by an item in an appropriation
Act.
|
|
|
FEES |
|
Fees for
services and
use of
facilities
|
23. (1) The Minister may, subject to any
regulations that the Treasury Board may make
for the purposes of this section, fix the fees or
the manner of calculating the fees to be paid
for a service or the use of a facility provided
by the Agency.
|
|
Amount not to
exceed cost
|
(2) Fees for a service or the use of a facility
that are fixed under subsection (1) may not
exceed the cost to Her Majesty in right of
Canada of providing the service or the use of
the facility.
|
|
Fees for
products,
rights and
privileges
|
24. The Minister may, subject to any
regulations that the Treasury Board may make
for the purposes of this section, fix the fees or
the manner of calculating fees in respect of
products, rights or privileges provided by the
Agency.
|
|
Consultation
|
25. (1) Before fixing a fee under section 23
or 24, the Minister must consult with any
persons and organizations that the Minister
considers to be interested in the matter.
|
|
Publication
|
(2) The Minister must publish any fee fixed
under section 23 or 24 in the Canada Gazette
within thirty days after fixing it.
|
|
Reference to
Scrutiny
Committee
|
(3) A fee fixed under section 23 or 24 stands
permanently referred to the Committee
referred to in section 19 of the Statutory
Instruments Act to be reviewed and
scrutinized as if it were a statutory instrument.
|
|
Regulations
|
26. The Treasury Board may make
regulations for the purposes of sections 23 and
24.
|
|
Collection of
fees
|
27. The Agency may enter into an
agreement with any person respecting the
collection of fees fixed under this Act or any
other Act under which the Agency provides
services, facilities, products, rights or
privileges and, notwithstanding subsections
17(1) and (4) of the Financial Administration
Act, authorizing that person to withhold
amounts from those fees.
|
|
Remission of
fees
|
28. The Minister may remit or refund all or
part of a fee fixed under section 23 or 24 or
under any other Act under which the Agency
provides services, facilities, products, rights
or privileges, and the interest on it.
|
|
Recovery of
fees and costs
|
29. The Agency may recover, as a debt due
to Her Majesty, any fee or charge fixed under
this or any other Act, any costs incurred by the
Agency, and any interest on those fees,
charges or costs, that relate to providing a
service, facility, product, right or privilege by
the Agency under this or any other Act.
|
|
Delegation
|
30. The Minister may delegate to the
Agency any power, duty or function conferred
on the Minister under sections 23 to 25 and 28.
|
|
|
REPORTS AND PLANS |
|
Report on
state of
Canadian
protected
heritage areas
and heritage
protection
programs
|
31. At least every two years, the Chief
Executive Officer shall provide the Minister
with a report, to be tabled in each House of
Parliament, on the state of national parks,
national historic sites and other protected
heritage areas and heritage protection
programs, and on the performance of the
Agency in carrying out its responsibilities
under section 6.
|
|
Management
plans
|
32. (1) In addition to the duties in relation
to management plans for parks under the
National Parks Act, the Chief Executive
Officer shall, within five years after the
establishment of a national historic site or
other protected heritage area, or within five
years after the date that this section comes into
force, whichever is later, provide the Minister
with a management plan for that national
historic site or other protected heritage area in
respect of any matter that the Minister deems
appropriate, including, but not limited to,
commemorative integrity, resource protection
or visitor use, and that plan shall be tabled in
each House of Parliament.
|
|
Review of
management
plans by
Minister
|
(2) The Minister shall review the
management plan of a national historic site or
other protected heritage area every five years
and shall cause any amendments to the plan to
be tabled with the plan in each House of
Parliament.
|
|
Corporate
plan
|
33. (1) The Chief Executive Officer must
submit to the Minister, before March 31 of
each year and beginning the year that the
Agency is established, a corporate plan for the
operations of the Agency and the Minister
must, after the plan is approved by the
Treasury Board, table a summary of the plan
in each House of Parliament on any of the first
thirty days on which that House is sitting after
the plan is so approved.
|
|
Contents of
corporate plan
|
(2) The corporate plan must include
|
|
|
|
|
|
|
|
Terms and
conditions for
approval of
plan
|
(3) The Treasury Board may specify any
terms and conditions that the Treasury Board
considers appropriate for the approval of a
corporate plan or an amendment to a corporate
plan.
|
|
Restriction on
activity
|
(4) The Agency shall not carry on any
activity in a manner that is inconsistent with
its corporate plan as approved by the Treasury
Board.
|
|
Annual report
|
34. (1) The Chief Executive Officer must,
before September 30 of each year following
the Agency's first full year of operations,
submit an annual report on the operations of
the Agency for the preceding year to the
Minister and the Minister must table a copy of
the report in each House of Parliament on any
of the first thirty days on which that House is
sitting after the Minister receives it.
|
|
Contents of
annual report
|
(2) The annual report must include
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report on
human
resources
regime
|
35. (1) The Chief Executive Officer must, at
least every five years, have prepared by a
person or body, other than the Agency or any
of its officers or employees, a report on the
consistency of its human resources regime
with the values and principles that are to
govern the management of its human
resources.
|
|
Available to
the public
|
(2) The report prepared under subsection
(1) shall be made available to the public.
|
|