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Bill C-49

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REPORT

74. Section 26 of the Act is repealed.

Consequential Amendments

R.S., c. A-1

Access to Information Act

75. Schedule I to the Access to Informa tion Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Race Relations Foundation

    Fondation canadienne des relations ra ciales

R.S., c. F-11

Financial Administration Act

76. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order:

Canadian Race Relations Foundation

    Fondation canadienne des relations ra ciales

R.S., c. P-21

Privacy Act

77. The schedule to the Privacy Act is amended by adding the following in alpha betical order under the heading ``Other Government Institutions'':

Canadian Race Relations Foundation

    Fondation canadienne des relations ra ciales

Canadian Radio-television and Telecommunications Commission

R.S., c. C-22

Amendments to the Canadian Radio-television and Telecommunications Commission Act

78. (1) The definitions ``Chairman'' and ``Vice-Chairman'' in section 2 of the Eng lish version of the Canadian Radio-televi sion and Telecommunications Commission Act are repealed.

(2) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

``Chairperson' '
« président »

``Chairperson'' means the Chairperson of the Commission designated by the Governor in Council pursuant to subsection 6(1);

``Vice-
Chairperson''
« vice-
président »

``Vice-Chairperson'' means any Vice-Chair person of the Commission designated by the Governor in Council pursuant to subsec tion 6(1).

79. The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

Disqualifi-
cations

5. (1) A person is not eligible to be appointed or to continue as a member of the Commission if the person is not a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of the Immigration Act or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person

80. Section 6 of the English version of the Act and the heading before it are replaced by the following:

CHAIRPERSON AND VICE-CHAIRPERSONS

Chairperson and Vice-
Chairpersons

6. (1) The Governor in Council shall designate one of the full-time members to be Chairperson of the Commission and two of the full-time members to be Vice-Chairper sons of the Commission.

Chairperson chief executive officer

(2) The Chairperson is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall preside at meetings of the Commission.

Chairper-
son's absence, incapacity or vacancy in office

(3) In the event of the absence or incapacity of the Chairperson or if the office of Chairper son is vacant, the Commission may authorize one of the Vice-Chairpersons to exercise the powers and to perform the duties and func tions of the Chairperson .

Acting Chairperson

(4) The Commission may authorize one or more of its full-time members to act as Chairperson for the time being if the Chair person and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.

81. Subsection 7(1) of the Act is replaced by the following:

Remuneration and fees

7. (1) Each full-time member shall be paid remuneration to be fixed by the Governor in Council and each part-time member shall be paid any fees for attendances at meetings of the Commission or any committee of the Commission or at any public hearing before the Commission that the part-time member is requested by the Chairperson to attend that are fixed by by-law of the Commission.

82. Subsection 9(2) of the Act is replaced by the following:

Compensation

(2) The members 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 pursuant to section 9 of the Aeronautics Act.

83. Subparagraph 11(1)(c)(i) of the Act is replaced by the following:

      (i) the fees to be paid to part-time members for attendances at meetings of the Commission or any committee of the Commission or at public hearings before the Commission that they are requested by the Chairperson to attend, and

1993, c. 38, s. 85

84. Subsection 12(2) of the English ver sion of the Act is replaced by the following:

Telecommu-
nications

(2) The full-time members of the Commis sion and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson , respective ly, by the Telecommunications Act or by any Special Act within the meaning of that Act.

Canadian Transportation Accident Investigation and Safety Board

1989, c. 3

Amendments to the Canadian Transportation Accident Investigation and Safety Board Act

85. (1) Subsection 4(1) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the follow ing:

Board established

4. (1) There is hereby established a board to be known as the Canadian Transportation Accident Investigation and Safety Board, consisting of not more than five members appointed by the Governor in Council.

(2) Subsections 4(6) and (7) of the Act are replaced by the following:

Remuneration and fees

(6) A full-time member shall be paid any remuneration and a part-time member shall be paid any fees that are fixed by the Governor in Council.

Expenses

(7) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

Retirement pensions

(8) The full-time members are deemed to be employed in the Public Service for the pur poses of the Public Service Superannuation Act.

Compensation

(9) The members are deemed to be em ployees 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 pursuant to section 9 of the Aeronautics Act.

Citizenship Judges

R.S., c. C-29

Amendments to the Citizenship Act

86. The definition ``citizenship judge'' in subsection 2(1) of the Citizenship Act is repealed.

1995, c. 15, s. 23

87. Sections 14 to 16 of the Act are replaced by the following:

Considera-
tion of application

14. On receiving an application under this Act, the Minister shall determine whether it is in conformity with this Act and the regula tions.

Notice of decision

15. Where the Minister rejects an applica tion under this Act, the Minister shall forth with send the applicant a notice of the decision to reject the application, the reasons for it and the right to apply for judicial review under section 18.1 of the Federal Court Act.

Power to reverse decision

16. The Minister may, where the Minister is of the opinion that there was a material defect in the decision, reverse any decision

    (a) refusing citizenship; or

    (b) regarding the issuance of a citizenship certificate.

88. Subsection 20(2) of the Act is replaced by the following:

Applications deemed to be rejected

(2) Where a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be rejected .

89. Subsection 22(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (e), by adding the word ``or'' at the end of paragraph (f) and by adding the following after paragraph (f):

    (g) while the person is subject to, is a party to, or has a right to an appeal or review relating to, an inquiry under the Immigra tion Act that may lead to the removal of the person from Canada.

90. Section 23 of the Act is replaced by the following:

Delegation of authority

23. (1) Subject to subsection (2) , anything that is required to be done or that may be done by the Minister under this Act or the regula tions may be done on behalf of the Minister by any person authorized by the Minister in writing to act on the Minister's behalf without proof of the authenticity of the authorization.

Limitation

(2) Only a citizen may make determinations with respect to a person's citizenship status or entitlement to obtain, retain, renounce or resume citizenship under this Act.

91. Section 26 of the Act is repealed.

92. Paragraphs 27(e) to (g) of the Act are replaced by the following:

    (e) prescribing the procedures to be fol lowed in processing applications under this Act ;

    (f) prescribing the procedures to be fol lowed at citizenship ceremonies ;

    (g) prescribing the times within which the Minister may exercise a power under para graph 16(a) or (b) ;

Transitional Provision

Continuation of proceedings

93. Proceedings in relation to an applica tion made under the Citizenship Act, as it read immediately before the day on which this section comes into force shall,

    (a) where the application has been re ferred to a citizenship judge for consider ation on or before that day, be continued under the Citizenship Act, as it read immediately before that day; and

    (b) in any other case, be continued under the Citizenship Act, as amended by this Act.

Consequential Amendments

R.S., c. E-2

Canada Elections Act

1993, c. 19, s. 34(5)

94. Paragraph 77(1)(i) of the Canada Elections Act is replaced by the following:

    (i) every judge appointed by the Governor in Council;

R.S., c. F-7

Federal Court Act

95. Section 21 of the Federal Court Act is repealed.

R.S., c. P-36

Public Service Superannuation Act

96. Part II of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

A citizenship judge appointed by the Gover nor in Council pursuant to the Citizenship Act

    Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté

97. Part III of Schedule I to the Act is amended by adding the following in alpha betical order:

A citizenship judge appointed by the Gover nor in Council pursuant to the Citizenship Act

    Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté

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