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Bill C-43

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RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act''.

SUMMARY

This enactment amends certain Acts and instruments and repeals the Fisheries Prices Support Act.

EXPLANATORY NOTES

Atlantic Canada Opportunities Agency Act

Clause 2: Subsection 6(2) reads as follows:

(2) The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or provinces in Atlantic Canada respecting the carrying out of any program or project of the Agency.

Clause 3: New. The relevant portion of section 13 reads as follows:

13. In carrying out its object, the Agency may

Clause 4: Subsection 19(1) reads as follows:

19. (1) The Board shall meet at least once every three months at such times and places as the President may select.

Canadian Film Development Corporation Act

Clause 5: The long title reads as follows:

An Act to provide for the establishment of a Canadian Film Development Corporation

Clause 6: Section 1 reads as follows:

1. This Act may be cited as the Canadian Film Development Corporation Act.

Clause 7: The definition ``Corporation'' in section 2 reads as follows:

``Corporation'' means the Canadian Film Development Corporation established by section 3;

Clause 8: Section 3 and the heading before it read as follows:

CONSTITUTION OF THE CORPORATION

3. There is hereby established a corporation, to be known as the Canadian Film Development Corporation, consisting of six members to be appointed by the Governor in Council as provided in section 4 and the Government Film Commissioner appointed under the National Film Act.

Clause 9: (1) Subsection 19(1) reads as follows:

19. (1) There shall be established in the accounts of Canada a special account to be known as the Canadian Film Development Advance Account.

(2) The relevant portion of subsection 19(2) reads as follows:

(2) All amounts required for the purposes of paragraphs 10(1)(a) and (b) and subsection 10(1.1) shall be paid

    . . .

    (b) out of amounts credited to the Canadian Film Development Advance Account under subsection (3),

and shall be charged to that Account.

(3) The relevant portion of subsection 19(3) reads as follows:

(3) The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Canadian Film Development Advance Account, all amounts received by the Corporation as or on account of

Lieutenant Governors Superannuation Act

Clause 17: The definition ``deferred pension'' in section 2 reads as follows:

``deferred pension'' means a pension that becomes payable to a person at the time he reaches sixty-five years of age;

Clause 18: (1) and (2) Subsection 3(1) reads as follows:

3. (1) Every contributor who has contributed under this Act in respect of five years of service as the lieutenant governor of a province is, subject to this Act,

    (a) entitled on ceasing to hold office as the lieutenant governor of a province,

      (i) if he has reached the age of sixty-five years or is disabled, to an immediate pension calculated in accordance with subsection (2), or

      (ii) if he has not reached the age of sixty-five years, subject to subsection (3), to

        (A) a deferred pension, calculated in accordance with subsection (2), or

        (B) a return of the total contributions made by him under this Part, together with interest, if any, calculated pursuant to subsection (5),

      at his option; and

    (b) entitled, if he becomes disabled not having reached sixty-five years of age but having become entitled to a deferred pension, to an immediate pension calculated in accordance with subsection (2), in which case he ceases to be entitled to a deferred pension referred to in clause (a)(ii)(A).

National Capital Act

Clause 19: Subsection 3(4) reads as follows:

(4) The members, other than the Chairperson and Vice-Chairperson, shall be appointed as follows:

    (a) two from the city of Ottawa;

    (b) one from the city of Hull;

    (c) one from a municipality in Ontario, other than the city of Ottawa, wholly or partly within the National Capital Region;

    (d) one from a municipality in Quebec, other than the city of Hull, wholly or partly within the National Capital Region; and

    (e) eight from Canada generally, other than from a city or municipality referred to in any of paragraphs (a) to (d).

National Film Act

Clause 21: Subsection 13(4) reads as follows:

(4) The appointment of a person by the Board to a continuing position at a salary exceeding such amount as the Governor in Council may determine is not effective until approved by the Governor in Council.

Nuclear Safety and Control Act

Clause 22: Subsection 16(1) reads as follows:

16. (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may, with the approval of the Treasury Board, establish the terms and conditions, including remuneration, of their employment.

Clause 23: Subsection 17(1) reads as follows:

17. (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission with the approval of the Treasury Board.

Public Service Staff Relations Act

Clause 26: New. The relevant portion of the definition ``employee'' in subsection 2(1) reads as follows:

``employee'' means a person employed in the Public Service, other than

Special Retirement Arrangements Act

Clause 28: The relevant portion of section 10 reads as follows:

10. The Governor in Council may, on the recommendation of the Minister, by order,

    (a) establish or authorize the establishment of a plan or an arrangement for the payment of benefits, of a kind referred to in the definition ``retirement compensation arrangement'' in subsection 248(1) of the Income Tax Act, to or in respect of any person

      (i) who is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act,

      (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act,

      (iii) who is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act,

Clause 29: (1) The relevant portion of subsection 11(1) reads as follows:

11. (1) The Governor in Council shall, on the recommendation of the Minister, by order, as soon as is practicable after the day on which this subsection comes into force, establish or authorize the establishment of a plan or an arrangement for the payment of benefits, of a kind referred to in the definition ``retirement compensation arrangement'' in subsec tion 248(1) of the Income Tax Act, to or in respect of any person

    (a) who, on or after that day, is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act and whose annual rate of salary is greater than the annual rate of salary that is fixed by any regulations made under paragraph 42.1(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

    (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by any regulations made under paragraph 50.1(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

    (c) who, on or after that day, is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 26.1(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

(2) The relevant portion of subsection 11(3) reads as follows:

(3) A plan or an arrangement that is established by or under the authority of an order made under subsection (1) shall provide for the payment of benefits to or in respect of a person described in that subsection that are equivalent in value to the value of the benefits that the person would have been able to accrue but for

    (a) paragraph 5(3)(d) of the Public Service Superannuation Act;

    (b) paragraph 5(2)(d) of the Canadian Forces Superannuation Act;

    (c) paragraph 5(2)(c) of the Royal Canadian Mounted Police Superannuation Act; or

Telecommunications Act

Clause 30: Subsection 73(4) reads as follows:

(4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, section 17 or any regulations under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

Yukon First Nations Self-Government Act

Clause 31: Subsection 10(6) reads as follows:

(6) In any proceedings, judicial notice may be taken of a law enacted by a first nation named in Schedule II that is held in a central registry established under subsection (2).