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Chairperson |
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| Powers, duties
and functions
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16. The Chairperson must preside at
meetings of the board and exercise any powers
and perform any duties and functions that are
assigned by the by-laws of the Authority.
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Chief Executive Officer |
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| Appointment
and tenure
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17. The board may appoint the chief
executive officer of the Authority to hold
office during pleasure for a term of not more
than five years. The appointment of the chief
executive officer is renewable for one or more
subsequent terms of not more than five years.
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| Role of chief
executive
officer
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18. The chief executive officer is
responsible for the day-to-day management of
the Authority.
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| Incapacity or
vacancy
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19. In the event of the absence or incapacity
of, or vacancy in the office of, the chief
executive officer, the board may appoint an
employee of the Authority to exercise the
powers and perform the duties and functions
of the chief executive officer.
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| Exclusion
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20. The chief executive officer may not be
appointed as a director.
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| Full-time
office
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21. (1) The chief executive officer must
carry out the duties and functions of his or her
office on a full-time basis.
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| Remunera- tion
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(2) The Authority must pay the chief
executive officer the remuneration fixed by
the Governor in Council.
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| Expenses
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22. The chief executive officer is entitled to
be paid reasonable travel and living expenses
incurred in the course of performing his or her
duties while absent from his or her ordinary
place of work.
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ROLE OF THE BOARD |
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| Role of the
board
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23. The board is responsible for the
management of the activities and affairs of the
Authority.
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| By-laws
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24. The board may make by-laws
respecting the management and conduct of the
activities and affairs of the Authority and the
carrying out of the duties and functions of the
board, including by-laws establishing
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STAFF |
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| Staff
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25. The Authority may employ any officers,
employees or agents and retain the services of
any technical or professional advisers that it
considers necessary for the proper conduct of
its activities and affairs and may fix the terms
and conditions of their engagement.
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| Accident
compensation
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26. The Chairperson, the chief executive
officer and the directors, officers and
employees of the Authority are deemed to be
employees for the purposes of the Government
Employees Compensation Act and to be
employed in the public service of Canada for
the purposes of any regulations made under
section 9 of the Aeronautics Act.
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| Safety of the
public
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27. The provision of screening at an
aerodrome is conclusively deemed for all
purposes to be a service that is necessary to
prevent immediate and serious danger to the
safety of the public.
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CONTRACTS, AGREEMENTS AND ARRANGEMENTS |
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| Contracts with
Her Majesty
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28. (1) The Authority may enter into
contracts, agreements or other arrangements
with Her Majesty as if it were not an agent of
Her Majesty.
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| Agreements
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(2) The Authority may enter into
agreements with Her Majesty represented by
the Solicitor General of Canada or by the
Royal Canadian Mounted Police for the
provision of services, including services on
aircraft, and may make payments in respect of
those services.
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| Policing
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29. The Authority may, with the approval of
the Treasury Board, enter into agreements
with designated airport authorities as defined
in the Airport Transfer Miscellaneous Matters
Act, for the purposes of contributing to the
costs of policing incurred by that airport
authority in carrying out its responsibilities.
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| Provision of
space
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30. Every operator of an aerodrome
designated by the regulations must provide to
the Authority, and maintain free of charge,
such space at the aerodrome with services
reasonably required by the Authority as the
Authority and the operator agree on or, in the
absence of agreement, such space at the
aerodrome with services reasonably required
by the Authority as the Minister determines to
be necessary to enable the Authority to carry
out its mandate.
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AUDIT |
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| Audit
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31. The Auditor General of Canada is the
auditor of the Authority.
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SECURITY-RELATED INFORMATION |
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| Protection of
information
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32. (1) Nothing in this Act, Part X of the
Financial Administration Act or the Statutory
Instruments Act shall be construed as
requiring the tabling before either House of
Parliament of any information the publication
of which, in the opinion of the Minister, would
be detrimental to air transport security or
public security.
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| Requirement
of confidenti- ality
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(2) The Authority, authorized aerodrome
operators and screening contractors must keep
confidential any information the publication
of which, in the opinion of the Minister, would
be detrimental to air transport security or
public security, including financial and other
data that might reveal such information.
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FIVE-YEAR REVIEW |
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| Review of Act
in five years
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33. (1) A review of the provisions and the
operation of this Act must be completed by the
Minister during the fifth year after this section
comes into force.
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| Tabling of
report
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(2) The Minister must cause a report of the
results of the review to be laid before each
House of Parliament on any of the first fifteen
days on which that House is sitting after the
report has been completed.
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REGULATIONS |
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| Regulations
by Governor
in Council
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34. The Governor in Council may make
regulations
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TRANSITIONAL PROVISIONS |
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| Initial powers
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35. Despite any other provision of this Act,
pending the initial appointment of the
directors, the Chairperson and any directors
who have been appointed have all the powers
of the board even if their number does not
constitute a quorum.
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| Transfer of
screening
equipment
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36. (1) The Governor in Council may
require the Air Transport Security
Corporation to transfer to the Authority, on
such terms as the Governor in Council
considers appropriate, good title in any or all
screening equipment or other assets owned by
the Corporation immediately before the
coming into force of this section, free and
clear of all liens and encumbrances, for such
consideration as the Governor in Council may
determine, having regard to the amount that
the Corporation paid to acquire it as well as
other relevant factors.
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| Other
transfers to
Authority
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(2) The Governor in Council may require
the Air Transport Security Corporation to
transfer to the Authority, on such terms as the
Governor in Council considers appropriate,
any rights, titles, interests or obligations under
any contract entered into by the Corporation
that is specified by the Minister, despite any
contractual restriction on the transfer of those
rights, titles, interests or obligations.
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| Transfer to
Authority
from air
carriers
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(3) The Governor in Council may require
air carriers to transfer to the Authority, on such
terms as the Governor in Council considers
appropriate, their rights, titles, interests or
obligations under any contract respecting
screening specified by the Minister, despite
any contractual restriction on the transfer of
those rights, titles, interests or obligations.
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| Transfer of
contracts
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(4) The transfer to the Authority of
responsibility for any existing contracts under
this section does not affect any rights,
responsibilities or obligations acquired under
the Canada Labour Code by the contractors,
their employees or any trade union certified to
represent those employees.
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| Transfer of
screening
equipment
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(5) The Governor in Council may transfer to
the Authority any screening equipment owned
by Her Majesty, including explosive detection
equipment, on such terms and conditions as
the Governor in Council considers
appropriate.
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| Transfer of
Her Majesty's
rights, etc.,
under contract
|
(6) The Governor in Council may transfer to
the Authority, on such terms as the Governor
in Council considers appropriate, Her
Majesty's rights, titles, interests or obligations
under any contract entered into by the
Minister before the coming into force of this
section respecting a subject-matter that is
within the mandate of the Authority.
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| Acceptance of
transfers
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(7) The Authority must accept any transfer
made under this section.
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| Appropria- tion
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37. The amount of 340 million dollars is
appropriated to the Minister from the
Consolidated Revenue Fund for payment to
the Authority for operating and capital
expenditures incurred by it in the fiscal year
2002-2003 in carrying out its mandate,
including payments made to authorized
aerodrome operators and contributions made
to designated airport authorities.
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| Agreements to
continue
delivering
screening
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38. The Authority may enter into an
agreement with an air carrier in order to
contribute to the costs of screening at an
aerodrome designated by regulation, if the
costs are incurred by the air carrier after the
day on which this section comes into force and
before the day on which the Authority is
required under the Aeronautics Act to deliver
that screening.
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| Financial
documents
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39. (1) Despite the period prescribed for
submitting a corporate plan, an operating
budget and a capital budget under the
Financial Administration Act, the Authority
must, within six months after the coming into
force of this section, submit to the Minister in
accordance with that Act a corporate plan, an
operating budget and a capital budget for its
first financial year.
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| Expenditure
of funds
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(2) Until the initial corporate plan,
operating budget and capital budget for the
Authority have been approved, the Authority
may, despite sections 122 to 124 of the
Financial Administration Act, expend funds,
with the approval of the Minister, that the
board considers to be essential for the
Authority to become fully operational in a
timely manner.
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Consequential Amendment |
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| R.S., c. F-11
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Financial Administration Act
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3. Part I of Schedule III to the Financial
Administration Act is amended by adding
the following in alphabetical order:
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Canadian Air Transport Security Authority
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Coming into Force |
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| Coming into
force
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4. Sections 2 and 3 or any provisions of the
Act enacted by section 2 come into force on
a day or days to be fixed by order of the
Governor in Council.
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PART 2 |
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AIR SECURITY CHARGES |
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Air Travellers Security Charge Act |
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5. The Air Travellers Security Charge Act
is enacted as follows:
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An Act to implement an air travellers security
charge
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Air
Travellers Security Charge Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``accredited
representa- tive'' « représentant accrédité »
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``accredited representative'' means a person
who is entitled under the Foreign Missions
and International Organizations Act to the
tax exemptions specified in Article 34 of
the Convention set out in Schedule I to that
Act or in Article 49 of the Convention set
out in Schedule II to that Act.
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| ``Agency'' « Agence »
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``Agency'' means the Canada Customs and
Revenue Agency established by subsection
4(1) of the Canada Customs and Revenue
Agency Act.
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| ``air carrier'' « transporteur aérien »
|
``air carrier'' means a person who carries on a
business of transporting individuals by air.
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| ``air
transporta- tion service'' « service de transport aérien »
|
``air transportation service'' means all of the
transportation of an individual by air, by
one or more air carriers, included in a
continuous journey of the individual.
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| ``assessment'' « coti- sation »
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``assessment'' means an assessment under this
Act and includes a reassessment.
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| ``bank'' « banque »
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``bank'' means a bank as defined in section 2
of the Bank Act or an authorized foreign
bank, as defined in that section, that is not
subject to the restrictions and requirements
referred to in subsection 524(2) of that Act.
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| ``charge'' « droit »
|
``charge'', except in the definition ``security
interest'' and section 74, means a charge
payable under section 11.
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| ``chargeable
emplanement'
' « embarquem ent assujetti »
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``chargeable emplanement'' means an
embarkation by an individual at a listed
airport on an aircraft operated by a
particular air carrier, except if
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