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48-49 ELIZABETH II |
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CHAPTER 23 |
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An Act to authorize the divestiture of the
assets of, and to dissolve, the Cape
Breton Development Corporation, to
amend the Cape Breton Development
Corporation Act and to make
consequential amendments to other Acts
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[Assented to 29th June, 2000]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Cape Breton
Development Corporation Divestiture
Authorization and Dissolution Act.
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DISPOSAL OF ASSETS AND DISSOLUTION |
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| Authoriza- tion
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2. (1) The Cape Breton Development
Corporation (``the Corporation''), established
by the Cape Breton Development Corporation
Act, is authorized
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| Provisions not
applicable
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(2) Subsections 99(2) to (5) of the Financial
Administration Act do not apply to the
authorization in subsection (1).
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| Commenceme
nt of legal
proceedings
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3. (1) Any action, suit or other legal
proceeding in respect of an obligation or
liability incurred by the Corporation in
closing out its affairs may be brought against
Her Majesty in any court that would have had
jurisdiction if the action, suit or other legal
proceeding had been brought against the
Corporation.
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| Continuation
of legal
proceedings
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(2) Any action, suit or other legal
proceeding to which the Corporation is party
that is pending in any court on the coming into
force of this section may be continued by or
against Her Majesty in like manner and to the
same extent as it could have been continued by
or against the Corporation.
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| Dissolution
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4. The Corporation is dissolved on a day to
be fixed by order of the Governor in Council.
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| Declaration of
general
advantage
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5. The works and undertakings operated or
carried on by the Corporation on or after June
15, 1967 are declared to be works for the
general advantage of Canada.
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| R.S., c. C-25
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AMENDMENTS TO THE CAPE BRETON DEVELOPMENT CORPORATION ACT |
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6. (1) The definitions ``Coal Division''
and ``companies'' in section 2 of the Cape
Breton Development Corporation Act are
repealed.
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(2) The definition ``Chairman'' in section
2 of the English version of the Act is
repealed.
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(3) Section 2 of the English version of the
Act is amended by adding the following in
alphabetical order:
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| ``Chairperson'
' Version
anglaise
seulement
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``Chairperson'' means the Chairperson of the
Board;
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7. (1) Section 3 of the English version of
the Act is replaced by the following:
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| Corporation
established
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3. A corporation is hereby established to be
called the Cape Breton Development
Corporation, consisting of a Board of
Directors comprised of a Chairperson, a
President and five other directors to be
appointed in the manner provided in section 4.
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(2) Section 3 of the Act, as amended by
subsection (1), is replaced by the following:
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| Corporation
established
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3. A corporation is hereby established to be
called the Cape Breton Development
Corporation, consisting of a Board of
Directors comprised of a Chairperson, a
President and a maximum of five other
directors to be appointed in the manner
provided in section 4.
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| R.S., c. 1 (4th
Supp.), s. 44
(Sch. II, item
10)(E)
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8. (1) Subsections 4(1) to (3) of the English
version of the Act are replaced by the
following:
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| Appointment
of
Chairperson
and President
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4. (1) The Chairperson and the President
shall each be appointed by the Governor in
Council, after consultation with the
Lieutenant Governor in Council of Nova
Scotia, to hold office during pleasure for the
term that the Governor in Council considers
appropriate.
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| Directors
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(2) Each director, other than the
Chairperson and the President, shall be
appointed by the Minister, with the approval
of the Governor in Council, to hold office
during pleasure for a term, not exceeding three
years, that will ensure, as far as possible, the
expiration in any one year of the terms of
office of not more than one-half of the
directors.
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| Recommende
d
appointments
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(3) Two directors other than the
Chairperson and the President shall be
appointed on the recommendation of the
Lieutenant Governor in Council of Nova
Scotia.
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(2) Section 4 of the Act, as amended by
subsection (1), is replaced by the following:
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| Appointment
of
Chairperson
and President
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4. (1) The Chairperson and the President
shall each be appointed by the Governor in
Council to hold office during pleasure for the
term that the Governor in Council considers
appropriate.
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| Directors
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(2) Each director, other than the
Chairperson and the President, shall be
appointed by the Minister, with the approval
of the Governor in Council, to hold office
during pleasure for a term not exceeding three
years.
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| Re-appointme
nt
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(3) The President is eligible for
re-appointment on the expiration of the
President's term of office, but any other
director who has served two consecutive
terms is not, during the twelve months
following the completion of that director's
second term, eligible for appointment except
as President.
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9. Section 5 of the English version of the
Act is replaced by the following:
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| Chairperson
to preside at
meetings
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5. The Chairperson shall preside at
meetings of the Board but in the event of the
absence or incapacity of the Chairperson, or if
the office of Chairperson is vacant, the
President shall preside at those meetings.
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10. Subsection 7(1) of the English version
of the Act is replaced by the following:
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| Salaries and
fees
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7. (1) The President shall be paid by the
Corporation a salary to be fixed by the
Governor in Council and the Chairperson and
the other directors other than the President
shall be paid by the Corporation the fees for
attendances at meetings of the Board or any
committee that are fixed by the Governor in
Council.
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| R.S., c. 41
(4th Supp.),
s. 47
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11. Sections 8 to 14 of the Act are replaced
by the following:
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| Staff
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8. (1) The Corporation may employ the
officers, employees and technical and
professional advisers that it considers
necessary for the proper conduct of its
activities.
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| Remunera- tion and terms and conditions of employment
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(2) The persons employed pursuant to
subsection (1) shall be paid by the Corporation
the remuneration that is fixed or provided for
by the Board and shall be employed on the
terms and conditions that are fixed or provided
for by by-law of the Corporation.
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12. The headings before section 15 and
sections 15 to 17 of the Act are replaced by
the following:
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OBJECTS AND POWERS |
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| Objects
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15. The objects of the Corporation are to
conduct coal mining and related operations in
the Sydney coal-field on a basis that is
consistent with efficient mining practice and
good mine safety.
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| Powers
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16. In carrying out its objects, the
Corporation may
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| R.S., c. 13
(4th Supp.),
s. 1
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13. Sections 18 to 21 of the Act are
replaced by the following:
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| Pension
arrangements
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18. The Corporation shall by by-law
provide for the establishment, management
and administration of pension arrangements
for the benefit of persons, and dependants of
persons, employed by the Corporation in
connection with the coal mining and related
works and undertakings operated or carried on
by the Corporation, for the contributions to the
pension funds to be made by the Corporation,
and for the investment of the pension fund
moneys.
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FINANCIAL PROVISIONS |
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| Advances to
Corporation
for working
capital
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19. The Minister of Finance may, out of the
Consolidated Revenue Fund, on the
requisition of the Corporation and the
Minister, authorize advances from time to
time to the Corporation, on the terms that may
be agreed on, for working capital for the
Corporation, but the total amount of advances
outstanding at any time under this section
shall not exceed $50,000,000 or any other
amount that may be established by an
appropriation Act or other Act of Parliament.
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| R.S., c. 41
(4th Supp.),
s. 49
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14. Sections 26 and 27 of the Act are
replaced by the following:
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GENERAL |
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| Head office
and meetings
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27. The head office of the Corporation shall
be on the Island of Cape Breton, Nova Scotia,
but meetings of the Board may be held in any
place in Canada that the directors may decide.
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15. Paragraph 28(e) of the Act is replaced
by the following:
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16. Subsection 30(1) of the Act is replaced
by the following:
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| Persons
employed not
servants of
Her Majesty
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30. (1) Persons employed by the
Corporation pursuant to subsection 8(1) are
not officers or servants of Her Majesty.
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| R.S., c. 41
(4th Supp.),
s. 50
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17. Sections 33 to 35 of the Act are
replaced by the following:
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REPEAL |
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| Repeal -
Order in
Council
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33. This Act or any of its provisions is
repealed on a day or days to be fixed by order
of the Governor in Council.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. F-8;
1995, c. 17,
s. 45(1)
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Federal-Provincial Fiscal Arrangements Act |
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18. Schedule I to the Federal-Provincial
Fiscal Arrangements Act is amended by
striking out the following:
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Cape Breton Development Corporation
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| R.S., c. F-11
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Financial Administration Act |
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19. Part I of Schedule III to the Financial
Administration Act is amended by striking
out the following:
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Cape Breton Development Corporation
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| R.S., c. M-13
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Municipal Grants Act |
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20. Schedule I to the Municipal Grants Act
is amended by striking out the following:
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Cape Breton Development Corporation, with
respect to real property owned by Her
Majesty in right of Canada and occupied
by the Department of Transport for
purposes of the Canadian Coast Guard
College.
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21. Schedule III to the Act is amended by
striking out the following:
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Cape Breton Development Corporation
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