Bill C-5
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Agreements |
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| Agreements
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26. (1) The Commission may enter into an
agreement with the government of any
province or territory to carry out its objects.
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| Incorporation
of
corporations
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(2) If the agreement provides for the
incorporation of a corporation or the
acquisition of shares in a corporation or all or
substantially all of the assets of a corporation,
the Commission may, with the approval of the
Governor in Council, do any of those things,
either by itself or jointly with any person or the
government of a province or a territory, in
order to carry out the provisions of the
agreement.
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| Consistent
activities
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(3) A corporation mentioned in subsection
(2) may carry out only activities that are
consistent with the objects of the
Commission, taking into account the
restriction set out in subsection 6(2).
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Staff |
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| Staff
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27. The Commission may engage any
officers, employees and agents and any
technical and professional advisers that it
considers necessary for the proper conduct of
its activities and may fix the terms and
conditions of their engagement.
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| Staff outside
Canada
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28. When the Commission, outside Canada,
engages persons referred to in section 27 to
perform duties outside Canada, it shall engage
them and establish their terms and conditions
of employment or work, and the Canada
Labour Code does not apply to those persons.
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TRANSITIONAL PROVISIONS |
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Interpretation |
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| Definitions
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29. The definitions in this section apply in
this section and in sections 30 to 46.
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| ``commencem
ent day'' « date d'entrée en vigueur »
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``commencement day'' means the day on
which this Act comes into force.
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| ``employee'' « employé »
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``employee'' means a person whose
employment in the Department of Industry
is terminated under paragraph 11(2)(g.1) of
the Financial Administration Act and who
is hired by the new Commission following
an offer of employment made by the new
Commission as a result of the transfer of the
work of the former Commission from the
Department of Industry to the new
Commission.
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| ``former
Commission'' « ancienne commission »
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``former Commission'' means the Canadian
Tourism Commission established by Order
in Council P.C. 1995-110 of January 31,
1995 and the associated Special Operating
Agency created by decision of the Treasury
Board.
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| ``grievance'' « grief »
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``grievance'' has the same meaning as in
subsection 2(1) of the Public Service Staff
Relations Act.
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| ``new
Commission'' « nouvelle commission »
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``new Commission'' means the Canadian
Tourism Commission established by
section 3.
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Former Commission |
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| Commission
dissolved
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30. (1) The former Commission is dissolved
and its work is transferred from the
Department of Industry to the new
Commission.
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| Public Service
Superannua- tion Act
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(2) For the purpose of section 40.1 of the
Public Service Superannuation Act, the
transfer of the work of the former Commission
is deemed to be a transfer or divestiture, by
Her Majesty in right of Canada, of the
administration of a service to a person.
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| Chairperson
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31. The person who holds the office of
Chairperson of the former Commission
immediately before the commencement day
continues in office as the Chairperson of the
new Commission for the remainder of the
term for which the person was appointed
Chairperson.
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| President
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32. The person who holds the office of
President of the former Commission
immediately before the commencement day
continues in office as the President of the new
Commission for the remainder of the term for
which the person was appointed President.
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| Other
directors
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33. Each person who is a director of the
former Commission immediately before the
commencement day continues as a director of
the new Commission for the remainder of the
term for which the person was appointed as a
director.
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| Property
transferred
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34. All property of Her Majesty in right of
Canada that is under the administration and
control of the Minister and used for the
purpose of carrying out the objects of the
former Commission is transferred to the new
Commission to be held in the name of the new
Commission.
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| Obligations
transferred
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35. All obligations and liabilities of Her
Majesty in right of Canada incurred in respect
of the former Commission are transferred to
the new Commission.
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| References
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36. Every reference to the former
Commission in a deed, contract or other
document shall, unless the context otherwise
requires, be read as a reference to the new
Commission.
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| Commenceme
nt of legal
proceedings
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37. (1) Any action, suit or other legal
proceeding in respect of an obligation or a
liability incurred in carrying out the objects of
the former Commission may be brought
against the new Commission in any court that
would have had jurisdiction if the action, suit
or proceeding had been brought against Her
Majesty in right of Canada.
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| Continuation
of legal
proceedings
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(2) Any action, suit or other legal
proceeding in respect of the former
Commission that is pending in a court
immediately before the commencement day
may, on that day, be continued by or against
the new Commission.
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| Canadian
Tourism
Commission
Account
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38. The amount outstanding on the
commencement day in the accounts of Canada
in respect of the carrying out of the objects of
the former Commission shall be paid to the
new Commission in the manner most
appropriate to give effect to the purpose for
which the moneys or property constituting or
otherwise giving rise to that amount were
given, bequeathed or otherwise made
available to the former Commission.
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| First corporate
plan and
budgets
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39. Despite the period prescribed for
submitting a corporate plan, an operating
budget and a capital budget under the
Financial Administration Act, the new
Commission shall, within six months after the
commencement day, 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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| Appropria- tions
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40. Any amount appropriated, for the fiscal
year in which this section comes into force, by
an appropriation Act based on the Estimates
for that year for defraying the charges and
expenses of the former Commission in
carrying out its objects is an amount
appropriated for defraying the charges and
expenses of the new Commission.
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Human Resources and Labour Relations |
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| Pending
competitions
and
appointments
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41. A competition being conducted or an
appointment being or about to be made under
the Public Service Employment Act in respect
of a position within the Department of
Industry, the duties and functions of which are
assigned to a position within the new
Commission, may continue to be conducted or
made as if the new Commission were a
department for the purposes of that Act.
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| Eligibility lists
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42. An eligibility list made under the Public
Service Employment Act in respect of
positions within the Department of Industry
related to the carrying out of the objects of the
former Commission that is valid on the
commencement day continues to be valid for
the period provided for by subsection 17(2) of
that Act, but that period may not be extended.
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| Pending
appeals
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43. (1) An appeal made under section 21 of
the Public Service Employment Act by any
person against an appointment to a position
within the Department of Industry the duties
and functions of which are assigned to a
position within the new Commission, and not
finally disposed of on the assignment, must be
dealt with and disposed of in accordance with
that Act as if the new Commission were a
department for the purposes of that Act and the
person continued to be an employee for the
purposes of that Act.
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| Other
recourse
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(2) Any recourse commenced by an
employee under the Public Service
Employment Act that has not been finally dealt
with on the employee's engagement by the
new Commission must be dealt with and
disposed of in accordance with that Act as if
the new Commission were a department for
the purposes of that Act and the person
continued to be an employee for the purposes
of that Act.
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| Employees on
probation
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44. (1) Every employee who was
considered to be on probation under section 28
of the Public Service Employment Act
immediately before being engaged by the new
Commission continues on probation with the
new Commission until the end of the period
established by the Public Service Commission
by regulation for that employee or a class of
persons of which that employee is a member.
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| Rejection
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(2) Subsection 28(2) of the Public Service
Employment Act applies to an employee of the
new Commission who is on probation but the
reference to deputy head in that subsection is
to be read as a reference to the President.
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| Pending
grievances
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45. (1) Any grievance commenced by an
employee under the Public Service Staff
Relations Act that has not been finally dealt
with on the employee's engagement by the
new Commission must be dealt with and
disposed of in accordance with that Act as if
the employee's employment in the
Department of Industry had not been
terminated.
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| Implemen- tation of decision
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(2) A final decision with respect to a
grievance referred to in subsection (1) that
provides for the reinstatement of or payment
of money to a person must be implemented by
the new Commission as soon as is practicable.
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| Ineligibility
for benefits -
executive
group
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46. An indeterminate employee who was a
member of the Executive Group in the
Department of Industry and whose
employment is terminated under paragraph
11(2)(g.1) of the Financial Administration Act
is not eligible for benefits under the Treasury
Board Executive Employment Transition
Policy.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. A-1
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Access to Information Act |
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47. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Canadian Tourism Commission
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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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48. Schedule I to the Federal-Provincial
Fiscal Arrangements Act is amended by
adding the following in alphabetical order:
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Canadian Tourism Commission
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| R.S., c. F-11
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Financial Administration Act |
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49. Part I of Schedule III to the Financial
Administration Act is amended by adding
the following in alphabetical order:
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Canadian Tourism Commission
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| R.S., c. P-21
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Privacy Act |
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50. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
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Canadian Tourism Commission
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COMING INTO FORCE |
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| Coming into
force
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51. This Act comes into force on a day to
be fixed by order of the Governor in
Council.
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