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Bill C-5

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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-5

An Act to establish the Canadian Tourism Commission

Preamble

Whereas the Canadian tourism industry is vital to the social and cultural identity and integrity of Canada;

Whereas the Canadian tourism industry makes an essential contribution to the economic well-being of Canadians and to the economic objectives of the Government of Canada;

Whereas the Canadian tourism industry consists of mainly small and medium-sized businesses that are essential to Canada's goals for entrepreneurial development and job creation;

And Whereas it is desirable to strengthen Canada's commitment to Canadian tourism by establishing a Tourism Commission that would work with the governments of the provinces and the territories and the Canadian tourism industry to promote the interests of that industry and to market Canada as a desirable tourist destination;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canadian Tourism Commission Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``Commission ''
« Commission »

``Commission'' means the Canadian Tourism Commission established by section 3.

``Minister''
« ministre »

``Minister'' means the Minister of Industry.

CANADIAN TOURISM COMMISSION

Establishment

Establish-
ment

3. There is hereby established a corporation to be known as the Canadian Tourism Commission.

Status

Agent of Her Majesty

4. The Commission is, for the purposes of this Act, an agent of Her Majesty in right of Canada.

Objects

Objects

5. The objects of the Commission are to

    (a) sustain a vibrant and profitable Canadian tourism industry;

    (b) market Canada as a desirable tourist destination;

    (c) support a cooperative relationship between the private sector and the governments of Canada, the provinces and the territories with respect to Canadian tourism; and

    (d) provide information about Canadian tourism to the private sector and to the governments of Canada, the provinces and the territories.

Powers

Powers

6. (1) For the purpose of carrying out its objects, the Commission has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Restriction

(2) The Commission may not initiate or finance programs involving the acquisition or construction of real property, immovables or facilities related to tourism.

Board of Directors

Role

7. The affairs and business of the Commission shall be managed by a Board of Directors.

Constitution

8. The Board consists of not more than twenty-six directors, including a Chairperson and a President.

Appointment of Chairperson and term of office

9. The Chairperson shall be appointed by the Governor in Council to hold office during pleasure on a part-time basis for a term of not more than five years.

Appointment of President and term of office

10. The President shall be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of not more than five years.

Appointment of private sector directors

11. (1) Up to sixteen private sector directors shall be appointed by the Minister, with the approval of the Governor in Council.

Committee

(2) The Board shall establish a committee that shall provide advice to the Minister on the appointment of directors under subsection (1).

Manner of appointment

(3) Of the directors appointed under subsection (1),

    (a) up to seven shall be tourism operators appointed to represent the following regions in the following numbers:

      (i) not more than two for the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland,

      (ii) one for the Province of Quebec,

      (iii) one for the Province of Ontario,

      (iv) one for the Provinces of Manitoba and Saskatchewan,

      (v) one for the Province of Alberta, the Northwest Territories and Nunavut, and

      (vi) one for the Province of British Columbia and the Yukon Territory; and

    (b) up to nine shall be private sector representatives.

Term of office

(4) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

Definitions

(5) The definitions in this subsection apply in this section.

``private sector director''
« administrate ur du secteur privé »

``private sector director'' means a director who is a tourism operator or a private sector representative.

``private sector representa-
tive''
« représentant du secteur privé »

``private sector representative'' means a tourism operator or a person with the expertise required to satisfy the Board's needs.

``tourism operator''
« exploitant d'entreprise touristique »

``tourism operator'' means an owner or a manager of a private sector tourism business.

Appointment of public sector directors

12. (1) The Minister, with the approval of the Governor in Council, shall appoint public sector directors in the numbers specified in subparagraphs 11(3)(a)(i) to (vi) to represent the regions set out in those subparagraphs.

Ministers to designate persons

(2) The directors who are to be appointed under subsection (1) shall be appointed from among persons designated by the provincial or territorial ministers responsible for tourism. Those ministers may designate deputy ministers, persons who are equivalent to deputy ministers or persons who are heads of provincial or territorial agencies.

Term of office

(3) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

Ex officio director

13. The Deputy Minister of Industry is, ex officio, a director.

Re-appointme nt

14. A director is eligible to be re-appointed to the Board in the same or another capacity.

Remuneration and Fees

President

15. The President shall be paid the remuneration that the Governor in Council may fix.

Private sector directors

16. The Chairperson and the private sector directors, other than the President, shall be paid the fees that the Governor in Council may fix.

Chairperson

Duties

17. The Chairperson shall determine the times when and places where the Board will meet and shall preside at those meetings.

Absence, etc., of Chairperson

18. If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the Board may designate any director appointed under section 11 to exercise the powers and perform the duties and functions of the Chairperson during the absence, incapacity or vacancy, but no director may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

President

Duties

19. The President is the chief executive officer of the Commission and has supervision over and direction of the work of the Commission including the management of its internal affairs and the hiring and termination of its staff.

Absence, etc., of President

20. If the President is absent or incapacitated or if the office of President is vacant, the Board may designate any person to exercise the powers and perform the duties and functions of the President during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

Delegation

21. Subject to any contrary provision in any other Act of Parliament, the President may delegate to any person any power, duty or function conferred on the President under this Act or any other enactment.

Meetings

Minimum number of meetings

22. The Board shall meet at least twice a year.

By-laws

By-laws

23. The Board shall make by-laws respecting the management and conduct of the affairs of the Commission and the carrying out of the duties of the Board, including by-laws establishing

    (a) a code of ethics for the directors and employees of the Commission;

    (b) committees of the Board, including an executive committee, a human resources committee, a committee for the purposes of section 11 and an audit committee; and

    (c) a contracting policy for the Commission.

Head Office

Head office

24. The head office of the Commission shall be in the place in Canada that the Governor in Council may, by order, designate.

Accident Compensation

Accident compensation

25. The Chairperson, the President, the private sector directors and the employees of the Commission 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.