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Bill C-43

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TABLE OF PROVISIONS

AN ACT TO ESTABLISH THE CANADA CUSTOMS AND REVENUE AGENCY AND TO AMEND AND REPEAL OTHER ACTS AS A CONSEQUENCE

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

HER MAJESTY

3. Binding on Her Majesty

ESTABLISHMENT AND MANDATE OF THE AGENCY

4. Establishment

5. Mandate

MINISTER

6. Powers, duties and functions of Minister

7. Designation of officers

8. Authorization to act on Minister's behalf

9. Minister may direct on exercise of powers

10. Direction from other federal ministers

11. Directions to the Agency

12. Compliance with directions

13. Minister's power of inquiry

STRUCTURE OF THE AGENCY

Board of Management
14. Establishment

15. Appointment and tenure of directors

16. Qualifications of directors

17. Renewal of term

18. Continuation in office

19. Part-time office

20. Expenses

21. Accident compensation

Chair
22. Appointment and tenure of Chair

23. Incapacity or vacancy

24. Powers, duties and functions of Chair

Commissioner and Deputy Commissioner
25. Appointment and tenure of Commissioner

26. Appointment and tenure of Deputy Commissioner

27. Incapacity or vacancy

28. Full-time office

29. Expenses

GENERAL AUTHORITY OF THE AGENCY

30. Matters over which Agency has authority

MANAGEMENT AND DIRECTION OF THE AGENCY

Responsibilities of the Board
31. Role of the Board

32. By-laws

33. Advisory role

34. Limitation

35. Board's access to information

Responsibilities of the Commissioner
36. Role of Commissioner

37. Authorization by Commissioner

38. Commissioner to keep Minister informed

39. Commissioner to keep departments informed

40. Commissioner to keep provinces informed

41. Reporting to provincial ministers

Duties and Indemnification of Directors
42. Duty of care

43. Disclosure of interest in contract

44. Avoidance standards

45. Application to court

46. Power to indemnify

CORPORATE BUSINESS PLAN

47. Corporate business plan

48. Compliance with corporate business plan

49. Summary of corporate business plan

HUMAN RESOURCES

50. Separate employer

51. Personnel management

52. Group insurance and benefit programs

53. Appointment of employees

54. Staffing program

55. Mobility to departments

56. Public Service Commission reports

57. Political partisanship

58. Authority to enter into collective agreements

59. Assessment of recourse

EXPENDITURES

60. Unexpended appropriations

CONTRACTS, AGREEMENTS, ARRANGEMENTS AND LEGAL PROCEEDINGS

61. Contracts, agreements and arrangements

62. Contracts with Her Majesty

63. Agreements to administer a provincial tax

64. Interpretation

65. International contracts

66. Choice of service providers

67. Legal services

68. Services by Public Service Commission

69. Legal proceedings

70. Assertions against third parties

INTELLECTUAL PROPERTY

71. Intellectual property

72. Inventions

REAL PROPERTY

73. Definitions

74. Administration of real property

75. Acquisition of real property

76. Licences

77. Transfers to provinces

78. Grants

79. Execution of instrument

80. Grants to Agency

81. Utilities

82. Grants to municipalities

83. Consideration

84. Federal Real Property Act not applicable

85. Other provisions inapplicable

86. Expropriation

REPORTS TO PARLIAMENT

87. Audits and assessments

88. Annual report

89. Review of Act after five years

APPLICATION OF THE OFFICIAL LANGUAGES ACT

89.1 Official Languages Act applies

TRANSITIONAL

90. Powers, duties and functions

91. Continuation of staff

92. Executive group

93. Term and other employees

94. Continuation of positions

95. Employees on probation

96. Agency employees continued

97. Designated positions

98. Pending competitions and appointments

99. Eligibility lists

100. Pending appeals

101. Pending grievances

102. Transfer of appropriations

103. Rights and obligations transferred

104. Commencement of legal proceedings

105. Evidentiary presumption

CONSEQUENTIAL AND CONDITIONAL AMENDMENTS

106-107. Access to Information Act

108. Auditor General Act

109-112. Canada Pension Plan

113. Canada Petroleum Resources Act

114-116. Canadian International Trade Tribunal Act

117-118. Children's Special Allowances Act

119. Copyright Act

120. Criminal Code

121-122. Cultural Property Export and Import Act

123-128. Customs Act

129. Customs and Excise Offshore Application Act

130-131. Customs Tariff

132-136. Employment Insurance Act

137-138. Energy Administration Act

139-144. Excise Act

145-157. Excise Tax Act

158. Family Orders and Agreements Enforcement Assistance Act

159. Farm Income Protection Act

160-162. Financial Administration Act

163. Importation of Intoxicating Liquors Act

164-169. Income Tax Act

170. Municipal Grants Act

171. Old Age Security Act

172-173. Petroleum and Gas Revenue Tax Act

174-175. Privacy Act

176-178. Public Service Staff Relations Act

179. Public Service Superannuation Act

180-185. Special Import Measures Act

Conditional Amendment re Bill C-50
185.1 Federal Law-Civil Law Harmonization Act, No. 1

OTHER REFERENTIAL AMENDMENTS

186. References in documents and other provisions

REPEAL

187. Repeal of R.S., c. N-16

COMING INTO FORCE

188. Coming into force