Bill C-49

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First Reading

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	RECOMMENDATION
	His 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 authorize remedial and disciplinary measures in relation to members of certain administrative tribunals, to reorganize and dissolve certain federal agencies and to make consequential amendments to other Acts''.
	SUMMARY
	The enactment establishes a procedure for taking remedial and disciplinary measures in relation to members of certain administrative tribunals. It also amends the statutes that establish forty federal boards, agencies or commissions in order to reorganize or dissolve them.
	EXPLANATORY NOTES
	Corrections and Conditional Release Act
	Clause 15: Sections 155.1 and 155.2 read as follows:
	155.1 (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures for any reason set out in any of paragraphs 155.2(2)(a) to (d).
	(2) Where the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court, in this section and section 155.2 referred to as a ``judge'', shall conduct the inquiry.
	(3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
	(a) to issue to any person a summons requiring the person to appear at the time and place mentioned in the summons to testify with respect to all matters within the person's knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and
	(b) to administer oaths and examine any person on oath.
	(4) Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.
	(5) A judge conducting an inquiry under this section may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry where the judge is satisfied that, during the inquiry or as a result of the inquiry being conducted in public, as the case may be,
	(a) matters involving public security may be disclosed;
	(b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosures of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public; or
	(c) there is a reasonable likelihood that the life, liberty or security of a person would be endangered.
	(6) Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).
	(7) A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.
	(8) A judge conducting an inquiry under this section may grant standing to the hearing to any party where the judge determines such an order to be appropriate.
	(9) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
	155.2 (1) After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister.
	(2) Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held
	(a) has become incapacitated from the due execution of the member's office by reason of infirmity,
	(b) is guilty of misconduct,
	(c) has failed in the due execution of the member's office, or
	(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member's office,
	the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recom mend that such disciplinary or remedial measure as the judge considers necessary be taken.
	(3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure.
	Canada Grain Act
	Clause 16: Section 3 reads as follows:
	3. There is hereby established a Commission to be known as the Canadian Grain Commission consisting of three commissioners to be appointed by the Governor in Council to hold office, during good behaviour, for a renewable term of up to seven years.
	Immigration Act
	Clause 17: Subsection 61(1) reads as follows:
	61. (1) Each member of the Refugee Division and the Appeal Division shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years.
	Clause 18: Sections 63.1 and 63.2 read as follows:
	63.1 (1) Where the Chairperson considers it appropriate to do so, the Chairperson may recommend to the Minister that an inquiry be held as to whether any member of the Refugee Division or Appeal Division should be subject to any disciplinary measures for any reason set out in any of paragraphs 63.2(2)(a) to (d).
	(2) Where the Minister considers that it is appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court, in this section and section 63.2 referred to as the ``judge'', shall conduct the inquiry.
	(3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
	(a) to issue a summons to any person requiring that person to appear at the time and place mentioned therein to testify with respect to all matters within that person's knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and
	(b) to administer oaths and examine any person on oath.
	(4) Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.
	(5) Where a judge conducting an inquiry under this section is satisfied, during the inquiry, or as a result of the inquiry being conducted in public, as the case may be,
	(a) that matters involving public security may be disclosed,
	(b) that financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public, or
	(c) that there is a serious possibility that the life, liberty or security of a person would be endangered,
	the judge may, on application therefor, take such measures and make such order as the judge considers necessary to ensure the confidentiality of the inquiry.
	(6) Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take such measures and make such order as the judge considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (5).
	(7) A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.
	(8) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
	63.2 (1) After an inquiry under section 63.1 has been completed, the judge who conducted the inquiry shall report the conclusions of the inquiry to the Minister and submit the report of the inquiry to the Minister.
	(2) Where an inquiry under section 63.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Refugee Division or Appeal Division in respect of whom the inquiry was held
	(a) has become incapacitated from the due execution of that office by reason of infirmity,
	(b) has been guilty of misconduct,
	(c) has failed in the due execution of that office, or
	(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office,
	the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recom mend that such other disciplinary measure as the judge may specify be taken.
	(3) Forthwith on receiving a report under subsection (1) the Minister shall forward the report to the Governor in Council, who may suspend without pay, remove from office or take any other disciplinary measure against the member to whom the report relates.
	National Energy Board Act
	Clause 19: Subsection 3(2) reads as follows:
	(2) Subject to subsection (3), each member of the Board shall be appointed to hold office during good behaviour for a period of seven years, but may be removed at any time by the Governor in Council on address of the Senate and House of Commons.
	Public Service Staff Relations Act
	Clause 20: Section 12 reads as follows:
	12. The members of the Board shall be appointed by the Governor in Council to hold office during good behaviour for such period as may be determined by the Governor in Council but not exceeding ten years, in the case of the Chairman, the Vice-Chairman and the Deputy Chairmen, and not exceeding seven years, in the case of any other member.
	Veterans Review and Appeal Board Act
	Clause 21: Subsection 5(1) reads as follows:
	5. (1) A permanent member holds office during good behaviour.
	Clause 22: Subsection 6(2) reads as follows:
	(2) A temporary member holds office during good behaviour.
	Clause 23: Sections 42 and 43 read as follows:
	42. (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether a member should be subject to disciplinary or remedial measures for any reason set out in any of paragraphs 43(2)(a) to (d).
	(2) Where the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court, in this section and section 43 referred to as a ``judge'', shall conduct the inquiry.
	(3) A judge conducting an inquiry has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
	(a) to issue to any person a summons requiring them to appear at the time and place mentioned in the summons to testify with respect to all matters within their knowledge relative to the inquiry and to bring and produce any thing that they have or control relative to the inquiry; and
	(b) to administer oaths and examine any person on oath.
	(4) Subject to subsections (5) and (6), an inquiry shall be conducted in public.
	(5) A judge conducting an inquiry may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry if the judge is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public.
	(6) Where the judge considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).
	(7) A judge conducting an inquiry is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circum stances of the case.
	(8) Every member in respect of whom an inquiry is held shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
	43. (1) After an inquiry has been completed, the judge who conducted the inquiry shall submit a report of the conclusions of the inquiry to the Minister.
	(2) Where an inquiry has been held and, in the opinion of the judge who conducted the inquiry, the member in respect of whom the inquiry was held
	(a) has become incapacitated from the due execution of their office by reason of infirmity,
	(b) is guilty of misconduct,
	(c) has failed in the due execution of their office, or
	(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of their office,
	the judge may, in the report of the inquiry, recommend that the member be suspended without pay or removed from office or may recommend that such remedial measure as the judge considers necessary be taken.
	(3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member to whom the report relates without pay, remove the member from office or take any remedial measure.
	Aeronautics Act
	Clause 27: (1) Subsection 29(1) reads as follows:
	29. (1) There is hereby established a tribunal to be known as the Civil Aviation Tribunal consisting of a Chairman, a Vice-Chairman and such other members as are from time to time appointed by the Governor in Council.
	(2) New.
	(3) This amendment would replace the words ``Chair man'' and ``Vice-Chairman'' with the words ``Chairper son'' and ``Vice-Chairperson''.
	Clause 28: This amendment would replace the words ``Chairman'' and ``Vice-Chairman'' with the words ``Chairperson'' and ``Vice-Chairperson''.
	Clause 29: Section 31.1 is new. Section 31 reads as follows:
	31. (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each part-time member is entitled to be paid such fees or other remuneration for that member's services as may be fixed by the Governor in Council.
	(2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member's duties under this Act while absent from his ordinary place of residence.
	Atlantic Canada Opportunities Agency Act
	Clause 31: 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.
	Atomic Energy Control Act
	Clause 32: Subsections 4(2) and (3) read as follows:
	(2) The members of the Board appointed by the Governor in Council hold office during pleasure and shall be paid such salaries as may be fixed by the Governor in Council.
	(3) Each member is entitled to be paid travel and other expenses incurred in connection with the work of the Board.
	Clause 33: Section 13 reads as follows:
	13. The Government Employees Compensation Act applies to officers and employees employed by the Board and for the purposes of that Act those officers and employees shall be deemed to be employees in the service of Her Majesty.
	Broadcasting Act
	Clause 35: Subsection 36(3) reads as follows:
	(3) A director shall be appointed to hold office during good behaviour for a term not exceeding five years and may be removed at any time by the Governor in Council for cause.
	Clause 36: The relevant portion of subsection 38(1) reads as follows:
	38. (1) A person is not eligible to be appointed or to continue as a director if the person is not a Canadian citizen who is ordinarily resident in Canada or if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person
	Clause 37: New.
	Canada Mortgage and Housing Corporation Act
	Clause 38: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 39: New.
	Clause 40: Subsections 7(2) to (4) read as follows:
	(2) The Governor in Council shall fix the salary of the President.
	(3) The Board, with the approval of the Governor in Council, shall appoint three Vice-Presidents and fix their salaries and, notwithstand ing section 108 of the Financial Administration Act, the salary of the Vice-President who is designated as a director.
	(4) The Vice-Presidents hold office during good behaviour for a term of seven years but are removable by the Governor in Council, on a resolution of the Board, for incapacity or for other cause.
	Clause 41: The relevant portion of subsection 8(1) reads as follows:
	8. (1) No person shall be appointed as President or Vice-President or as a director from outside the public service of Canada and no person shall continue to hold any such office, if that person
	...
	(b) is not a Canadian citizen or otherwise a British subject ordinarily resident in Canada;
	(c) has reached the age of seventy years; or
	Canada Pension Plan
	Clause 43: The relevant portion of subsection 82(3) reads as follows:
	(3) The Governor in Council shall appoint a panel of between one hundred and four hundred persons resident in Canada, in such a way that, at any given time,
	(a) at least twenty-five per cent of the members of the panel are members of the bar of a province;
	Canadian Centre for Occupational Health and Safety Act
	Clause 44: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 45: The relevant portion of section 4 reads as follows:
	4. There is hereby established a corporation, to be called the Canadian Centre for Occupational Health and Safety, governed by a Council composed of the following persons, to be appointed by the Governor in Council as provided in sections 7 and 8:
	...
	(c) four other governors representing
	(i) departments or Ministries of State of the Government of Canada, or
	(ii) Crown corporations, as defined in section 83 of the Financial Administration Act,
	having a particular interest in occupational health and safety;
	(d) eleven other governors to be appointed after consultation with such organizations representative of workers as the Governor in Council deems appropriate; and
	(e) eleven other governors to be appointed after consultation with such organizations representative of employers as the Governor in Council deems appropriate.
	Clause 46: Subsection 7(1) reads as follows:
	7. (1) The Chairman shall be appointed to hold office during good behaviour for a term not exceeding five years, but may be removed by the Governor in Council for cause.
	Clause 47: Subsection 10(2) reads as follows:
	(2) Every President holds office during good behaviour, but may be removed by the Governor in Council for cause.
	Clause 48: Subsection 11(1) reads as follows:
	11. (1) The President is the chief executive officer of the Centre, has supervision over and direction of the work and staff of the Centre, is the chairman of the executive board and shall perform such duties as are assigned to the President by the Council.
	Clause 49: The heading before section 14 and sections 14 and 15 read as follows:
	EXECUTIVE BOARD
	14. (1) There is hereby established an executive board of the Centre consisting of the President and at least six governors annually elected from the Council by the governors so that, at any time,
	(a) the number of members of the executive board who were appointed to the Council under paragraph 4(d) is equal to the number of members of the executive board who were appointed to the Council under paragraph 4(e); and
	(b) the aggregate of the number of members of the executive board appointed to the Council under paragraph 4(d) or (e) is not less than fifty per cent of the total number of members of the executive board.
	(2) The executive board shall exercise such of the powers and perform such of the activities of the Centre as the Council may by by-law assign to it and shall submit at each meeting of the Council minutes of its proceedings since the last preceding meeting of the Council and a progress report on the work of the Centre.
	(3) The President is the chairman of the executive board.
	(4) A majority of the members of the executive board, one of whom is the President, constitutes a quorum.
	15. The executive board shall meet at least six times in each year.
	Clause 50: Section 18 reads as follows:
	18. (1) The President shall be paid such salary and expenses as are fixed by the Governor in Council.
	(2) An acting President shall be paid such salary and expenses as are fixed by the Governor in Council.
	Clause 51: Subsection 21(1) reads as follows:
	21. (1) The Council shall meet at least three times in each year, with at least one such meeting at the head office of the Centre, and at such other times and places in Canada as the executive board deems necessary.
	Clause 52: The relevant portion of section 22 reads as follows:
	22. The Council may make by-laws for the conduct and management of the affairs of the Centre and, without restricting the generality of the foregoing, may make by-laws respecting
	...
	(c) the procedure in all business at meetings of the Council and of the executive board;
	(d) the assignment of any powers and activities of the Centre to the executive board and the manner in which those powers and activities shall be exercised or performed; and
	Canadian Film Development Corporation Act
	Clause 54: Subsection 4(2) reads as follows:
	(2) The Governor in Council shall designate one of the members of the Corporation to serve as chairman of the Corporation during pleasure and the chairman may receive a yearly honorarium to be determined by the Governor in Council.
	Clause 55: Section 11 reads as follows:
	11. The members of the Corporation shall meet at such times and places as they deem necessary but shall meet at least six times a year.
	Clause 56: Subsection 12(1) reads as follows:
	12. (1) The Governor in Council may, on the recommendation of the Corporation, appoint an executive director of the Corporation and a secretary of the Corporation, who shall hold office during pleasure and shall be paid such salaries as are fixed by the Governor in Council.
	Canadian International Trade Tribunal Act
	Clause 57: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 58: (1) Subsection 3(1) reads as follows:
	3. (1) There is hereby established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsec tion (2), of a Chairman, two Vice-Chairmen and not more than six other permanent members to be appointed by the Governor in Council.
	(2) Subsection 3(5) reads as follows:
	(5) A permanent member, on the expiration of a first term of office, is eligible to be re-appointed for one further term in the same or another capacity.
	Clause 59: New.
	Clause 60: Subsections 6(2) and (3) read as follows:
	(2) Each permanent member is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of work in the course of performing duties under this Act.
	(3) Each temporary member and substitute member is entitled to be paid reasonable travel and living expenses incurred by the member in the course of performing duties under this Act.
	Clause 61: This amendment would replace the words ``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen'' with the words ``Chairperson'', ``Vice-Chairperson'' and ``Vice-Chairpersons''.
	Clause 62: New.
	Canadian Polar Commission Act
	Clause 64: Subsection 6(1) reads as follows:
	6. (1) The activities of the Commission shall be managed by a Board of Directors consisting of up to twelve members, including a Chairper son and two Vice-Chairpersons, to be appointed by the Governor in Council, on the recommendation of the Minister.
	Clause 65: Section 9 reads as follows:
	9. (1) The Chairperson and the Vice-Chairpersons shall be paid such remuneration as is fixed by the Governor in Council.
	(2) The members of the Board, other than the Chairperson and the Vice-Chairpersons, shall be paid such remuneration as is fixed by the Governor in Council for their attendance at such meetings of the Board, or of any of its committees, as the Chairperson directs them to attend, and for any special work for the Commission performed by them at the request of the Chairperson.
	Clause 66: Section 12 reads as follows:
	12. In the event of the absence or incapacity of the Chairperson, one of the Vice-Chairpersons shall be designated by the Board to exercise all of the powers and perform all of the duties and functions of the Chairperson.
	Clause 67: Section 15 reads as follows:
	15. (1) Subject to subsection (2), the Board shall meet at least four times in each year, at different places in Canada, at such times and places as the Chairperson may select.
	(2) At least half of the Board's meetings in each year shall be held at places north of sixty degrees north latitude.
	Canadian Race Relations Foundation Act
	Clause 68: (1) and (2) Section 4 reads as follows:
	4. The purpose of the Foundation is to facilitate throughout Canada the development, sharing and application of knowledge and expertise in order to contribute to the elimination of racism and all forms of racial discrimination in Canadian society by
	(a) undertaking research and collecting data and developing a national information base in order to further understanding of the nature of racism and racial discrimination and to assist business, labour, voluntary, community and other organizations as well as public institutions, governments, researchers and the general public in eliminating racism and racial discrimination;
	(b) acting as a clearing-house, providing information about race relations resources and establishing links with public, private and educational institutions and libraries;
	(c) facilitating consultation, and the exchange of information, relating to race relations policies, programs and research;
	(d) promoting effective race relations training and assisting in the development of professional standards;
	(e) increasing public awareness of the importance of eliminating racism and racial discrimination;
	(f) collaborating with business, labour, voluntary, community and other organizations, as well as public institutions and all levels of government, in instituting and supporting programs and activities; and
	(g) supporting and promoting the development of effective policies and programs for the elimination of racism and racial discrimination.
	Clause 69: Subsection 6(1) reads as follows:
	6. (1) The activities of the Foundation shall be managed by a Board of Directors consisting of a Chairperson and not more than nineteen other directors to be appointed by the Governor in Council, on the recommendation of the Minister, after the Minister, taking into account the multicultural character, linguistic duality and regional diversity of Canadian society, has consulted with such governments, institutions, organizations and individuals as the Minister considers appropriate.
	Clause 70: Subsection 17(4) is new. Subsection 17(3) reads as follows:
	(3) Part X of the Financial Administration Act does not apply to the Foundation.
	Clause 71: Section 20 reads as follows:
	20. (1) The Foundation may indemnify a present or former director or officer of the Foundation or any other person who acts or acted at its request as a director or officer of another corporation of which the Foundation is or was a shareholder or creditor, and the person's heirs and legal representatives, against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by the person in respect of any civil, criminal or administrative action or proceeding to which the person is a party by reason of being or having been such a director or officer, if
	(a) the person acted honestly and in good faith with a view to the best interests of the Foundation or other corporation; and
	(b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that the person's conduct was lawful.
	(2) The Foundation may purchase and maintain insurance for the benefit of a director or officer, and the director's or officer's heirs and legal representatives, against any liability, cost, charge and expense incurred by the director or officer as described in subsection (1).
	Clause 72: Section 23 reads as follows:
	23. (1) There is hereby established an Investment Committee consisting of the Chairperson, a director to be designated by the Board and three other persons to be appointed by the Governor in Council, on the recommendation of the Minister, as provided in this section.
	(2) Each member of the Investment Committee appointed by the Governor in Council shall be appointed to hold office for such term, not exceeding three years, as will ensure, as far as possible, the expiry in any one year of the term of office of not more than one of those members.
	(3) No person who is a director or who does not have financial or investment consulting experience shall be appointed by the Governor in Council as a member of the Investment Committee.
	(4) A member of the Investment Committee appointed by the Governor in Council ceases to hold that office if the member is appointed as a director.
	(5) The Investment Committee shall aid and advise the Board in making, managing and disposing of investments under this Act.
	(6) The members of the Investment Committee who are not directors may be paid for their services such remuneration and expenses as the Governor in Council may fix.
	Clause 73: The heading before section 26 reads as follows:
	REPORTS
	Clause 74: Section 26 reads as follows:
	26. (1) Within four months after the end of each financial year of the Foundation, the Chairperson shall submit to the Minister a report of the activities of the Foundation during that year, including the financial statements of the Foundation and the auditor's report thereon.
	(2) The Foundation shall make copies of the report referred to in subsection (1) available for public scrutiny at the principal office of the Foundation.
	(3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the day on which the Minister has received the report.
	Canadian Radio-television and Telecommunications Commission Act
	Clause 78: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 79: The relevant portion of subsection 5(1) reads as follows:
	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 if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, the person
	Clause 80: This amendment would replace the words ``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen'' with the words ``Chairperson'', ``Vice-Chairperson'' and ``Vice-Chairpersons''.
	Clause 81: Subsection 7(1) reads as follows:
	7. (1) Each full-time member shall be paid a salary to be fixed by the Governor in Council and each part-time member shall be paid such fees for attendances at meetings of the Commission or any committee thereof or at any public hearing before the Commission that the part-time member is requested by the Chairman to attend as are fixed by by-law of the Commission.
	Clause 82: Subsection 9(2) reads as follows:
	(2) For the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, the full-time members of the Commission shall be deemed to be persons employed in the public service of Canada.
	Clause 83: The relevant portion of subsection 11(1) reads as follows:
	11. (1) The Commission may make by-laws
	...
	(c) fixing
	(i) the fees to be paid to part-time members for attendances at meetings of the Commission or any committee thereof or at public hearings before the Commission that they are requested by the Chairman to attend, and
	Clause 84: Subsection 12(2) reads as follows:
	(2) The full-time members of the Commission and the Chairman shall exercise the powers and perform the duties vested in the Commission and the Chairman, respectively, by the Telecommunica tions Act or by any special Act within the meaning of that Act.
	Canadian Transportation Accident Investigation and Safety Board Act
	Clause 85: (1) Subsection 4(1) reads as follows:
	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 full-time members appointed by the Governor in Council.
	(2) Subsections 4(8) and (9) are new. Subsections 4(6) and (7) read as follows:
	(6) A member shall be paid such remuneration and expenses as are fixed by the Governor in Council.
	(7) The provisions of the Public Service Superannuation Act, other than those relating to tenure, the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act apply to a member.
	Citizenship Act
	Clause 86: The definition ``citizenship judge'' in subsection 2(1) reads as follows:
	``citizenship judge'' means a citizenship judge appointed under section 26;
	Clause 87: Sections 14 to 16 read as follows:
	14. (1) An application for
	(a) a grant of citizenship under subsection 5(1),
	(b) a retention of citizenship under section 8,
	(c) a renunciation of citizenship under subsection 9(1), or
	(d) a resumption of citizenship under subsection 11(1)
	shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.
	(1.1) Where an applicant is a permanent resident who is the subject of an inquiry under the Immigration Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.
	(1.2) The expressions ``permanent resident'' and ``removal order'' in subsection (1.1) have the meanings assigned to those expressions by subsection 2(1) of the Immigration Act.
	(2) Forthwith after making a determination under subsection (1) in respect of an application referred to therein but subject to section 15, the citizenship judge shall approve or not approve the application in accordance with his determination, notify the Minister accordingly and provide the Minister with the reasons therefor.
	(3) Where a citizenship judge does not approve an application under subsection (2), the judge shall forthwith notify the applicant of his decision, of the reasons therefor and of the right to appeal.
	(4) A notice referred to in subsection (3) is sufficient if it is sent by registered mail to the applicant at his latest known address.
	(5) The Minister or the applicant may appeal to the Court from the decision of the citizenship judge under subsection (2) by filing a notice of appeal in the Registry of the Court within sixty days after the day on which
	(a) the citizenship judge approved the application under subsection (2); or
	(b) notice was mailed or otherwise given under subsection (3) with respect to the application.
	(6) A decision of the Court pursuant to an appeal made under subsection (5) is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.
	15. (1) Where a citizenship judge is unable to approve an application under subsection 14(2), the judge shall, before deciding not to approve it, consider whether or not to recommend an exercise of discretion under subsection 5(3) or (4) or subsection 9(2) as the circumstances may require.
	(2) Where a citizenship judge makes a recommendation for an exercise of discretion under subsection (1), the judge shall
	(a) notify the applicant;
	(b) transmit the recommendation to the Minister with the reasons therefor; and
	(c) in accordance with the decision that has been made in respect of his recommendation, forthwith on the communication of the decision to the judge approve or not approve the application.
	16. Notwithstanding section 28 of the Federal Court Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.
	Clause 88: Subsection 20(2) reads as follows:
	(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 not approved and any appeal made by him under subsection 14(5) is deemed to be dismissed.
	Clause 89: The relevant portion of subsection 22(1) reads as follows:
	22. (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
	Clause 90: Section 23 reads as follows:
	23. Anything that is required to be done or that may be done by the Minister under this Act or the regulations may be done on behalf of the Minister by any person authorized by the Minister in writing to act on his behalf without proof of the authenticity of the authorization.
	Clause 91: Section 26 reads as follows:
	26. (1) The Governor in Council may appoint any citizen to be a citizenship judge.
	(2) In addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister prescribes for carrying into effect the purposes and provisions of this Act.
	Clause 92: The relevant portion of section 27 reads as follows:
	27. The Governor in Council may make regulations
	...
	(e) prescribing the procedures to be followed in the referral of applications to citizenship judges;
	(f) prescribing the procedures to be followed by citizenship judges in the performance of their duties;
	(g) prescribing the ceremonial procedures to be followed by citizenship judges;
	Copyright Act
	Clause 98: (1) Subsection 66(1) reads as follows:
	66. (1) There is hereby established a Board, to be known as the Copyright Board, consisting of not more than five members, including a chairman and a vice-chairman, to be appointed by the Governor in Council.
	(2) Subsection 66(3) reads as follows:
	(3) The chairman must be a judge, either sitting or retired, of a superior, county or district court.
	(3) New.
	(4) Subsection 66(7) reads as follows:
	(7) A full-time member of the Board, other than the chairman, shall be deemed to be employed in
	(a) the Public Service for the purposes of the Public Service Superannuation Act; and
	(b) the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
	Clause 99: This amendment replaces the words ``chairman'' and ``vice-chairman'' with the words ``Chairperson'' and ``Vice-Chairperson''.
	Clause 100: Section 66.2 reads as follows:
	66.2 The members of the Board shall be paid such remuneration as may be fixed by the Governor in Council and 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 their ordinary place of residence.
	Corrections and Conditional Release Act
	Clause 101: Sections 103 and 104 read as follows:
	103. The National Parole Board is hereby continued, to consist of not more than forty-five full-time members and a number of part-time members appointed by the Governor in Council, on the recommenda tion of the Minister, to hold office during good behaviour for periods not exceeding ten years and three years, respectively.
	104. The Governor in Council shall designate one of the full-time members of the Board to be its Chairperson and, on the recommenda tion of the Minister, one of the full-time members to be its Executive Vice-Chairperson.
	Clause 102: Subsection 105(3) reads as follows:
	(3) Each member of the Board other than the Chairperson and the Executive Vice-Chairperson shall be assigned to a division of the Board specified in the instrument of appointment.
	Clause 103: Subsection 146(1) reads as follows:
	146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members designated by the Governor in Council on the recommendation of the Minister from among the members appointed pursuant to section 103, and one of those members shall be designated Vice-Chairperson, Appeal Division.
	Clause 104: The relevant portion of subsection 147(2) reads as follows:
	(2) The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson,
	Clause 105: Subsection 148(1) reads as follows:
	148. (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act, but meetings of the Board or of the Executive Committee of the Board may be held at such times and places as the Chairperson of the Board directs.
	Clause 106: Sections 150 and 151 read as follows:
	150. (1) A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Vice-Chairper son for each regional division of the Board.
	(2) A Vice-Chairperson for a division is responsible to the Chairperson for the professional conduct, training, and quality of decision-making of Board members assigned to that division.
	General
	151. (1) There shall be an Executive Committee of the Board consisting of the Chairperson, the Executive Vice-Chairperson, the Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons and two other members of the Board designated by the Chairperson after consultation with the Minister.
	(2) The Executive Committee
	(a) shall, after such consultation with Board members as it considers appropriate, adopt policies relating to reviews under this Part;
	(b) shall, where requested by the Chairperson, advise the Chairper son on any other matters concerning the functions of the Board or of the Chairperson under this or any other Act of Parliament; and
	(c) may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations.
	(3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.
	(4) Meetings of the Executive Committee shall be chaired by the Chairperson.
	Clause 107: Subsections 152(7) and (8) read as follows:
	(7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Executive Vice-Chairperson may exercise all the powers of the Chairperson.
	(8) In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Executive Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.
	Clause 108: New.
	Employment Support Act
	Clause 114: Repeal of the Act.
	Energy Monitoring Act
	Clause 115: The definition ``Agency'' in subsection 2(1) reads as follows:
	``Agency'' means the Petroleum Monitoring Agency established under section 16;
	Clause 116: Section 9 reads as follows:
	9. The statistics, information and documentation obtained by the Minister under this Act that relate to energy enterprises or corporations that control energy enterprises shall be made available to the Agency forthwith on receipt thereof.
	Clause 117: The heading before section 16 and sections 16 to 29 read as follows:
	PETROLEUM MONITORING AGENCY
	16. There is hereby established an agency to be known as the Petroleum Monitoring Agency.
	17. The Agency shall consist of a Chairman appointed by the Governor in Council and not more than two other members appointed by the Minister.
	18. The Chairman is the chief executive officer of the Agency and shall preside at meetings of the Agency.
	19. One of the members of the Agency may be designated by the Minister to be Vice-Chairman thereof and in the event of the absence or incapacity of the Chairman, or if the office of Chairman is vacant, the Vice-Chairman has and may exercise and perform all the powers and functions of the Chairman.
	20. Each member of the Agency shall, unless the Governor in Council expressly otherwise directs, be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and shall be deemed to be a person described in paragraph 5(1)(i) of that Act.
	21. Each member of the Agency shall be paid such remuneration as may be fixed by the Governor in Council and is entitled, within such limits as may be established by the Treasury Board, to be paid such reasonable travel and living expenses as are incurred by him in the course of his duties under this Act while absent from his ordinary place of residence.
	22. The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.
	23. The Agency may meet at such times and places as the Chairman deems advisable.
	24. The Agency may make by-laws for the management of its internal affairs and generally for the conduct of its activities.
	25. Such officers and employees of the Department of Natural Resources as are necessary, in the opinion of the Minister, for the proper conduct of the work of the Agency shall be made available to the Agency.
	26. The Agency may engage on a contractual basis the services of persons having technical or specialized knowledge to advise and assist it in the performance of its duties and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
	27. The Agency shall make such reports and furnish such advice to the Minister as the Minister may from time to time request.
	28. (1) Subject to subsection (2), the Agency may publish, on its own authority, such reports as it deems appropriate and necessary in respect of energy commodities and energy enterprises and their holdings and operations.
	(2) The Agency shall not disclose in any report published pursuant to subsection (1) any statistic, information or documentation obtained by it under this Act or any other Act of Parliament that identifies or permits the identification of the individual, corporation, partnership, trust or organization to which the statistic, information or documenta tion relates without the written consent of that individual, corporation, partnership, trust or organization.
	29. The Agency shall carry out such other duties and functions as the Minister may assign to the Agency.
	Clause 118: Section 33 reads as follows:
	33. The statistics, information and documentation obtained by the Minister under this Act, by the Agency under section 9, by the Energy Supplies Allocation Board under section 15 or by the persons referred to in paragraphs 34(a) and (b) are privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom they were obtained.
	Clause 119: Section 42 reads as follows:
	42. This Act shall be deemed to be referred, for review and report, to the first sitting of the Committee of the House of Commons that normally considers oil and gas matters, following February 18, 1988.
	Freshwater Fish Marketing Act
	Clause 124: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 125: Subsections 3(5) and (6) read as follows:
	(5) A person who has reached the age of seventy years is not eligible to be appointed a director of the Corporation and a director of the Corporation ceases to hold office on reaching the age of seventy years.
	(6) A director of the Corporation on the expiration of that director's term of office is, if not disqualified by age, eligible for re-appointment.
	Clause 126: Subsection 6(1) reads as follows:
	6. (1) The President shall be paid by the Corporation a salary to be fixed by the Governor in Council and the Chairman and the other directors of the Corporation other than the President shall be paid by the Corporation such fees for attendances at meetings of the Board or any committee thereof as are fixed by the Governor in Council.
	Clause 127: Subsection 10(2) reads as follows:
	(2) For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, the President and the officers and employees of the Corporation shall be deemed to be employed in the public service of Canada.
	Clause 128: Sections 17.1 and 17.2 are new. Section 17 reads as follows:
	17. (1) The Governor in Council shall appoint an Advisory Committee consisting of not more than fifteen members, one of whom shall be designated by the Governor in Council to be the Chairman of the Advisory Committee, and at least one-third of whom shall be persons, or representative of persons, actively engaged in the freshwa ter fishing industry as fishermen.
	(2) Each of the members of the Advisory Committee shall be appointed for a term not exceeding five years, and of those members first appointed five shall be appointed for a term of two years and five for a term of four years.
	(3) A member of the Advisory Committee is, on the expiration of his term of office, eligible for re-appointment.
	Clause 129: New.
	Clause 130: The definition ``fisherman'' in section 19 reads as follows:
	``fisherman'' means a person licensed pursuant to the Fisheries Act or the regulations thereunder to fish for commercial purposes in a par ticipating province, and includes any person acting on behalf of and representing any two or more persons so licensed.
	Clause 131: (1) The relevant portion of subsection 22(1) reads as follows:
	22. (1) Subject to section 20, the Corporation has the exclusive right to trade in and to market fish in interprovincial and export trade and shall exercise that right, either by itself or by its agents, with the object of
	...
	(b) increasing returns to fishermen; and
	(2) Subsection 22(2) reads as follows:
	(2) All fish lawfully fished by a fisherman and offered by the fisherman for sale to the Corporation for disposal in interprovincial or export trade shall be bought by the Corporation from the fisherman on such terms and conditions and for such price as may be agreed on by the Corporation and the fisherman subject to any applicable scheme for payment established and operated by the Corporation pursuant to section 23.
	Fisheries Prices Support Act
	Clause 144: Repeal of the Act.
	Canada Grain Act
	Clause 145: Subsection 5(1) reads as follows:
	5. (1) Each commissioner shall be paid a salary to be fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of his duties under this Act.
	Historic Sites and Monuments Act
	Clause 147: The relevant portion of subsection 4(1) reads as follows:
	4. (1) A Board to be called the Historic Sites and Monuments Board of Canada is hereby established, consisting of seventeen members as follows:
	...
	(c) an officer of the Department of the Environment designated by the Minister; and
	Clauses 148 and 149: These amendments would replace the word ``Chairman'' with the word ``Chairper son''.
	Immigration Act
	Clause 150: Subsection 58(1) reads as follows:
	58. (1) The Chairperson shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years, but may be removed by the Governor in Council at any time for cause.
	Clause 151: (1) Subsection 62(3.1) is new. Subsection 62(3) reads as follows:
	(3) The Chairperson, each member of the Refugee Division and each member of the Appeal Division are entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of the performance of their duties under this Act.
	(2) New.
	Clause 152: (1) Subsection 69.1(7) reads as follows:
	(7) Subject to subsection (8), two members constitute a quorum of the Refugee Division for the purposes of a hearing under this section.
	(2) Subsection 69.1(8) reads as follows:
	(8) One member of the Refugee Division may hear and determine a claim under this section if the person making the claim consents thereto, and the provisions of this Part apply in respect of a member so acting as they apply in respect of the Refugee Division, and the disposition of the claim by the member shall be deemed to be the disposition of the Refugee Division.
	(3) Subsections 69.1(9.1) to (10.1) read as follows:
	(9.1) If each member of the Refugee Division hearing a claim is of the opinion that the person making the claim is not a Convention refugee and is of the opinion that there was no credible or trustworthy evidence on which that member could have determined that the person was a Convention refugee, the decision on the claim shall state that there was no credible basis for the claim.
	(10) Subject to subsection (10.1), in the event of a split decision, the decision favourable to the person who claims to be a Convention refugee shall be deemed to be the decision of the Refugee Division.
	(10.1) Where, with respect to any person who claims to be a Convention refugee, both members of the Refugee Division hearing the claim are satisfied
	(a) that there are reasonable grounds to believe that the person, without valid reason, has destroyed or disposed of identity docu ments that were in the person's possession,
	(b) that the person has, since making the claim, visited the country that the person claims to have left, or outside of which the person claims to have remained, by reason of fear of persecution, or
	(c) that the country that the person claims to have left, or outside of which the person claims to have remained, by reason of fear of persecution is a country that is prescribed under paragraph 114(1)(s.1) to be a country that respects human rights,
	then, in the event of a split decision on the claim, the decision not fa vourable to the person shall be deemed to be the decision of the Refugee Division.
	International Boundary Commission Act
	Clause 154: Section 9 and the heading before it read as follows:
	GENERAL
	9. For the purposes of section 3 of the Crown Liability and Proceedings Act, a tort committed by the person appointed by the Governor in Council to be the Canadian member of the Commission while acting within the scope of the member's duties or employment shall be deemed to have been committed by a servant of the Crown while acting within the scope of the servant's duties or employment.
	Labour Adjustment Benefits Act
	Clause 159: (1) and (2) The definitions ``Board'', ``designated industry'' and ``effective date of lay-off'' in subsection 2(1) read as follows:
	``Board'' means the Labour Adjustment Review Board established by section 6;
	``designated industry'' means an industry designated pursuant to sec tion 3;
	``effective date of lay-off'', in respect of an employee, means the date the employee was laid off as determined by the Board pursuant to subsection 11(3);
	(3) New.
	Clause 160: The heading before section 3 and sections 3 to 9 read as follows:
	DESIGNATION OF INDUSTRIES
	3. (1) For the purposes of this Act, the Governor in Council may, by order, designate any industry either generally or with respect to any region of Canada.
	(2) An industry may be designated generally pursuant to subsection (1) if the Governor in Council is satisfied that
	(a) the industry in Canada generally is undergoing significant economic adjustment of a non-cyclical nature by reason of import competition or by reason of industrial restructuring implemented pursuant to a policy or program of the Government of Canada to encourage such restructuring; and
	(b) the economic adjustment referred to in paragraph (a) is resulting in a significant loss of employment in the industry in Canada generally.
	(3) An industry may be designated with respect to any region of Canada pursuant to subsection (1) if the Governor in Council is satisfied that
	(a) the industry in that region is undergoing significant economic adjustment of a non-cyclical nature; and
	(b) the economic adjustment referred to in paragraph (a) is resulting in a severe economic disruption in that region and in a significant loss of employment in the industry in that region.
	4. (1) An order made under subsection 3(1) that designates an industry generally is in force for such period, not exceeding three years from the date the order is made, as is specified in the order unless, before the expiration of the period so specified, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding three years, as is specified in the continuation order.
	(2) Not more than one continuation order may be made under subsection (1) in respect of any one order made under subsection 3(1).
	(3) An order made under subsection 3(1) that designates an industry with respect to a region in Canada is in force for one year from the date the order is made unless, before the expiration of that one year, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding six months, as is specified in the continuation order.
	(4) Where the Governor in Council has made a continuation order under subsection (3) continuing an order in force, he may, before the expiration of the period for which the order is so continued, make one further continuation order continuing the order in force for such further period, not exceeding six months, as is specified in the further continuation order.
	(5) The revocation or expiration of an order made under this section or section 3 does not affect the entitlement, after the revocation or expiration, of any person laid off while the order was in force to make an application under section 11 or 13 in relation to the order or to receive labour adjustment benefits by virtue of the order.
	5. (1) Subject to subsection (2), the Governor in Council may, in any order made under section 3 or 4, declare
	(a) that the designation of the industry in the order is retroactive in effect and applies as of such day, before the date of the order, as is specified in the order; and
	(b) that this Act applies in respect of lay-offs from a Canadian establishment in the industry designated in the order occurring on or after the day specified pursuant to paragraph (a).
	(2) The Governor in Council may not specify pursuant to paragraph (1)(a) a day that is earlier than May 1, 1978.
	LABOUR ADJUSTMENT REVIEW BOARD
	6. (1) There is hereby established a board, to be known as the Labour Adjustment Review Board, consisting of not more than five members.
	(2) Each member of the Board shall be appointed by the Minister to hold office during pleasure.
	(3) One member of the Board shall be appointed after consultation with such organizations representative of employees as the Minister deems appropriate and shall be a representative of employees and another member of the Board shall be appointed after consultation with such organizations representative of employers as the Minister deems appropriate and shall be a representative of employers.
	(4) If any member of the Board is absent or unable to act, the Minister may appoint a person to act as a member for the time being, but no person so appointed has authority to act as a member for a period exceeding ninety days without the approval of the Minister.
	(5) A member appointed pursuant to subsection (4) holds office during pleasure and may exercise all the powers and carry out all the duties and functions of a member of the Board.
	(6) The members of the Board who are not employed in the public service of Canada are entitled to be paid for their services in connection with the work of the Board such remuneration and expenses as are authorized by the Governor in Council.
	7. (1) The Minister shall designate one member of the Board to be Chairman of the Board and another member to be Vice-Chairman of the Board.
	(2) If the Chairman of the Board is absent or unable to act or if that office is vacant, the Vice-Chairman of the Board may exercise all the powers and carry out all the duties and functions of the Chairman.
	(3) The Chairman of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board.
	8. (1) The head office of the Board shall be at such place in Canada as the Governor in Council may, by order, designate.
	(2) The Board may sit at such time and at such place in Canada as it considers necessary or desirable for the proper conduct of its business.
	(3) The Board may make rules respecting
	(a) the sittings of the Board;
	(b) the manner of dealing with matters and business before the Board; and
	(c) the exercise of the powers and performance of the duties and functions of the Board generally.
	(4) The Minister may, on request of the Board, provide the Board with such professional, technical, secretarial, clerical and other assis tance as is necessary for the proper conduct of the business of the Board.
	9. The Board shall exercise such powers and perform such duties and functions as are conferred or imposed on it by, or as may be incidental to the attainment of the objects of, this Act.
	Clause 161: The heading before section 11 and sections 11 and 12 read as follows:
	CERTIFICATION BY BOARD
	11. (1) Any employee who has been laid off may apply, directly or through an employer, trade union or any person, to the Board for certification that he is eligible to apply to the Commission for labour adjustment benefits.
	(2) An application under subsection (1) shall be submitted in such form and manner as the Board may direct and shall set out the name of the employee in respect of whom the application is being made and such other information as the Board may require.
	(3) On receipt of an application under subsection (1), the Board shall carry out such investigation as it considers necessary for the purpose of determining the eligibility of the employee named in the application to apply to the Commission for labour adjustment benefits and for that purpose the Board shall determine the date the employee was laid off.
	(4) On completion of its investigation under subsection (3), the Board shall determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits and shall notify the applicant in writing of its decision.
	(5) Where the Board determines pursuant to subsection (4) that an employee is eligible to apply to the Commission for labour adjustment benefits, it shall so certify in writing to the Commission.
	(6) Certification under subsection (5) shall be submitted in such form and manner as the Commission may direct and shall set out the name of the employee certified, his effective date of lay-off and such other information respecting the lay-off of the employee as the Commission may require.
	12. The Board may certify that an employee named in an application under section 11 is eligible to apply to the Commission for labour adjustment benefits if
	(a) he was laid off;
	(b) the Canadian establishment from which he was laid off was, at the time of his lay-off, part of a designated industry;
	(c) the number of employees at the Canadian establishment referred to in paragraph (b) was reduced as a result of lay-offs, in any twelve month period including the employee's effective date of lay-off, by at least ten per cent or fifty employees, whichever is the lesser; and
	(d) his lay-off resulted from the economic adjustment referred to in subsection 3(2) or (3), as the case may be.
	Clause 162: Subsection 13(1) reads as follows:
	13. (1) An employee who has been certified under section 11 may apply to the Commission for labour adjustment benefits.
	Clause 163: (1) The relevant portion of subsection 14(1) reads as follows:
	14. (1) The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if
	(2) The relevant portion of subsection 14(2) reads as follows:
	(2) Notwithstanding subsection (1), where the Commission is of the opinion that an employee certified under section 11 who would be qualified under subsection (1) to receive labour adjustment benefits but for the requirements set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless he receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if
	(3) Subsection 14(3) reads as follows:
	(3) Notwithstanding subsection (1), where an employee certified under section 11 would be qualified under subsection (1) to receive labour adjustment benefits but for the requirement set out in paragraph (1)(b), the Commission may determine that the employee is qualified to receive labour adjustment benefits if he shows that he is in substantial compliance with the requirement and that he does not meet such requirement by reason only of illness, disability, lay-off or any other good cause whatever.
	Clause 164: Section 15 reads as follows:
	15. Where the Canadian establishment from which an employee was laid off was, at the time of his lay-off, part of an industry designated generally pursuant to section 3, the Commission shall, in applying paragraph 14(1)(b) or 14(2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding his effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date.
	Clause 165: (1) Subsection 17(1) reads as follows:
	17. (1) Where the Commission determines that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears.
	(2) Subsection 17(3) reads as follows:
	(3) Where a qualified employee was certified by the Board pursuant to section 11 after the week his benefits under the Unemployment Insurance Act subsequent to his lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to him under this Act, labour adjustment benefits are payable to him from the later of
	(a) that week, and
	(b) the week during which he applied to the Board for certification
	to the week during which he was so certified.
	Clause 166: (1) Subsections 24(1) to (4) read as follows:
	24. (1) Where the Board becomes aware of facts establishing, in its opinion, that a person, in relation to an application under section 11, has made a statement or representation that he knew to be false or misleading or has participated or acquiesced in the making of such a statement or representation, the Board may revoke the certification of any employee named in the application.
	(2) Before the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee in writing of its intention to do so.
	(3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within such further time as the Board may allow, make representations in writing to the Board with respect to the proposed revocation of his certification.
	(4) Where the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee and the Commission in writing of the revocation.
	(2) Subsection 24(7) reads as follows:
	(7) Nothing in this section shall be construed as preventing an employee whose certification is revoked pursuant to subsection (1) from re-applying to, and being certified by, the Board under section 11.
	Clause 167: (1) Subsection 28(1) reads as follows:
	28. (1) An officer of the Board authorized pursuant to subsection (4) may at any reasonable time enter any premises or place, other than a private dwelling or any part of any premises or place that is designed to be used and is being used as a permanent or temporary private dwelling, where he believes on reasonable grounds any employee was employed and may make such examination and inquiry as may be necessary to determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits.
	(2) Subsection 28(3) reads as follows:
	(3) The following persons, namely,
	(a) any person who is occupying any premises or place described in subsection (1) or (2), every person found therein and the servants or agents of the occupier,
	(b) any person who can reasonably be considered to be or have been an employer of an employee, the servants and agents of that person and the trustees in bankruptcy, administrators or liquidators con cerned with that person's estate, and
	(c) any person who has been employed by, or has acted as agent for, any person described in paragraph (a) or (b)
	shall forthwith on being requested by an officer referred to in subsection (1) or (2), whether orally or in writing, produce to the officer or any per son designated by the officer all such documents or other information relating to the administration of this Act as the officer requests.
	(3) Subsection 28(4) reads as follows:
	(4) The Minister, on the request of the Board, may, in writing, authorize any officer of the Board to exercise the powers conferred by subsection (1) in respect of any particular employee or employees named or described in the authorization and to administer or receive any oath, solemn affirmation or statutory declaration required to be given pursuant to this section in respect thereof, and, on entering any premises or place referred to in that subsection, the officer shall, if so requested, produce the authorization to the person in charge of the premises or place.
	(4) Subsection 28(6) reads as follows:
	(6) Every officer authorized to receive or administer any oath, solemn affirmation or statutory declaration pursuant to subsection (4) or (5) has for those purposes all the powers of a commissioner for administering oaths or affidavits.
	Clause 168: Section 30 reads as follows:
	30. The Commission may consult with the Board either generally or with respect to any particular application under this Act.
	Clause 169: (1) Subsection 31(1) reads as follows:
	31. (1) A decision of the Board under this Act is final and binding and is not subject to appeal to or review by any court except the Federal Court in accordance with the Federal Court Act.
	(2) Subsection 31(4) reads as follows:
	(4) Notwithstanding subsection (1), the Board or the Commission may rescind or amend any decision it takes under this Act on the presentation of new facts or on being satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.
	Clause 170: Subsection 32(1) reads as follows:
	32. (1) All written or oral information that is obtained by the Board or the Commission in the course of carrying out its duties under this Act is privileged and shall be made available only to persons engaged in the administration or enforcement of this Act and neither the Board, the Commission, the Minister nor any such person is compellable to give evidence relating to that information or to produce any document containing that information.
	Clause 171: The relevant portion of section 34 reads as follows:
	34. Every person who
	(a) in relation to an application under section 11 or 13, a review under subsection 16(1) or a report under subsection 22(2), makes, or participates or acquiesces in the making of, a statement or represen tation that he knows to be false or misleading,
	Clause 172: Section 36 reads as follows:
	36. (1) The Minister shall, as soon as possible after March 31, June 30, September 30 and December 31 each year, prepare a report on the administration of this Act during the preceding three months including a statement showing the number, during the three months, of applica tions under sections 11 and 13 and of persons to whom labour adjustment benefits were paid and the Minister shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day he completes it.
	(2) The Board and the Commission shall, on the request of the Minister, provide the Minister with such information on the administra tion of this Act as he may require to prepare his report under subsection (1).
	Canada Labour Code
	Clause 176: This amendment would replace the words ``Chairman'', ``Vice-Chairman'' and ``Vice-Chairmen'' with the words ``Chairperson'', ``Vice-Chairperson'' and ``Vice-Chairpersons''.
	Clause 177: (1) This amendment would replace the words ``Chairman'' and ``Vice-Chairman'' with the words ``Chairperson'' and ``Vice-Chairperson''.
	(2) Subsection 10(3) reads as follows:
	(3) A person is not eligible to hold office as a member of the Board if the person
	(a) is not a Canadian citizen;
	(b) holds any other employment or office in respect of which that person receives any remuneration; or
	(c) has attained the age of seventy years.
	(3) This amendment would replace the words ``Chair man'' and ``Vice-Chairman'' with the words ``Chairper son'' and ``Vice-Chairperson''.
	Clause 178: Section 12 reads as follows:
	12. Each member of the Board and person carrying out duties or responsibilities under section 11
	(a) shall be paid a salary to be fixed by the Governor in Council; and
	(b) is entitled to be paid reasonable travel and other expenses incurred by him while absent from his ordinary place of residence in the course of his duties under this Part.
	Clause 179: Subsection 14(1) reads as follows:
	14. (1) At any meeting of the Board for the conduct of its business and for any proceeding before the Board, at least three members shall be present, one of whom shall be either the Chairman or a Vice-Chair man.
	Clause 180: This amendment would replace the words ``chairman'' and ``vice-chairman'' with the words ``chairperson'' and ``vice-chairperson''.
	Museums Act
	Clause 182: Subsection 18(2) reads as follows:
	(2) A person is not eligible to be appointed as a member of the Board if that person is not a Canadian citizen.
	Clause 183: (1) Subsection 23(1) reads as follows:
	23. (1) There shall be a Director of each museum, who shall be appointed by the Board of the museum, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding five years.
	(2) Subsection 23(5) reads as follows:
	(5) The Director shall be paid by the museum such remuneration as the Board, with the approval of the Governor in Council, may determine.
	Clause 184: Subsection 24(5) reads as follows:
	(5) The trustees, officers and employees of a museum shall be 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 regulation made pursuant to section 9 of the Aeronautics Act.
	National Arts Centre Act
	Clause 185: (1) Subsection 6(1) reads as follows:
	6. (1) There shall be a Director of the Centre to be appointed by the Board to hold office for a term not exceeding five years.
	(2) Subsection 6(3) reads as follows:
	(3) The Director shall be paid by the Corporation such salary as is fixed by the Governor in Council.
	Clause 186: Subsection 13(2) reads as follows:
	(2) For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, the Director and the officers and employees of the Corporation shall be deemed to be employees in the public service of Canada.
	Clause 187: Section 14 reads as follows:
	14. The Corporation is not an agent of Her Majesty and, except as provided in section 13, the Director and the officers and employees of the Corporation are not part of the public service of Canada.
	National Energy Board Act
	Clause 188: Subsection 3(3) reads as follows:
	(3) A member appointed pursuant to subsection (2) is eligible to be re-appointed to hold office during good behaviour for any term of seven years or less and every member ceases to hold office on attaining the age of seventy years.
	Clause 189: New.
	Clause 190: This amendment would replace the words ``Chairman'' and ``Vice-Chairman'' with the words ``Chairperson'' and ``Vice-Chairperson''.
	Clause 191: Subsection 92(1) reads as follows:
	92. (1) An Arbitration Committee shall consist of not less than three members appointed by the Minister each of whom shall receive such remuneration as is fixed by the Minister with the approval of the Governor in Council.
	National Film Act
	Clause 193: Subsection 4(2) reads as follows:
	(2) Each member of the Board, other than the Commissioner, holds office for three years, but may be removed for cause by the Governor in Council.
	Clause 194: Section 6 reads as follows:
	6. A member of the Board, other than the Commissioner or a member of the public service of Canada or Canadian Forces, may be paid such fee for each meeting of the Board that the member attends as may be fixed by by-law of the Board, and the members of the Board are entitled to be paid actual travel and living expenses necessarily incurred in connection with the business of the Board.
	Clause 195: Subsection 7(4) reads as follows:
	(4) The Chairman of the Board shall furnish the Minister with a copy of the minutes of each meeting of the Board.
	Clause 196: The relevant portion of subsection 10(1) reads as follows:
	10. (1) Subject to the direction and control of the Minister, the Board may, for the purposes for which it is established,
	Clause 197: 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.
	Clause 198: Subsections 16(1) and (2) read as follows:
	16. (1) There shall be a Government Film Commissioner who shall be appointed by the Governor in Council on the recommendation of the Board and paid such salary as the Governor in Council may determine.
	(2) The Commissioner shall be appointed to hold office for a period not exceeding five years but may be removed from office for cause by the Governor in Council on the recommendation of the Board.
	Prairie Farm Rehabilitation Act
	Clause 199: Sections 3 to 5 read as follows:
	3. (1) The Governor in Council may establish one or more advisory committees to be known as Prairie Farm Rehabilitation Committees, the members of which hold office during pleasure.
	(2) One of the members of each advisory committee shall be appointed chairman thereof by the Minister.
	4. The advisory committees established pursuant to subsection 3(1) shall consider and advise the Minister as to the best methods to be adopted to secure the rehabilitation of the drought and soil drifting areas in the Provinces of Manitoba, Saskatchewan and Alberta, and to develop and promote within those areas systems of farm practice, tree culture, water supply, land utilization and land settlement that will afford greater economic security, and to make such representations thereon to the Minister as the advisory committees may deem expedient.
	5. No member of an advisory committee shall receive any payment or emolument for his services, but he shall be repaid all actual reasonable travel or other expenses in connection with the work of the advisory committee.
	Clause 200: The relevant portion of subsection 9(1) reads as follows:
	9. (1) The Minister may
	(a) subject to section 4, undertake the development, construction, promotion, operation and maintenance of any project or scheme under or by virtue of this Act, or enter into agreements with any province, municipality or person with respect thereto; and
	Public Service Staff Relations Act
	Clause 202: The relevant portion of subsection 13(1) reads as follows:
	13. (1) A person is not eligible to hold office as a member of the Board if the person
	(a) is not a Canadian citizen;
	Clause 203: The relevant portion of section 17 reads as follows:
	17. Every member and every person referred to in subsection 13(2) who carries out duties or responsibilities under this Act
	...
	(b) is entitled to be paid reasonable travel and other expenses incurred while absent from his ordinary place of residence in the course of his duties under this Act.
	Royal Canadian Mounted Police Act
	Clause 204: (1) This amendment is consequential on the amendment proposed in subclause (2).
	(2) New.
	Clause 205: (1) Subsections 25(1) and (2) read as follows:
	25. (1) There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consist ing of a Chairman, a Vice-Chairman and not more than three other members, to be appointed by order of the Governor in Council.
	(2) The Committee Chairman is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee.
	(2) New.
	(3) Subsection 25(6) reads as follows:
	(6) Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council.
	(4) Subsection 25(10) is new. Subsections 25(8) and (9) read as follows:
	(8) Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of residence in connection with the work of the Committee.
	(9) The full-time members of the Committee are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
	Clause 206: Subsections 26(2) and (3) read as follows:
	(2) In the event of the absence or incapacity of the Committee Chairman or if the office of Committee Chairman is vacant, the Minister may authorize the Vice-Chairman to exercise the powers and perform the duties and functions of the Committee Chairman.
	(3) The Committee Chairman may delegate to the Vice-Chairman any of the Committee Chairman's powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30.
	Clause 207: (1) Subsection 45.29(1) reads as follows:
	45.29 (1) There is hereby established a commission, to be known as the Royal Canadian Mounted Police Public Complaints Commission, consisting of a Chairman, a Vice-Chairman, a member for each contracting province and not more than three other members, to be appointed by order of the Governor in Council.
	(2) Subsection 45.29(3) reads as follows:
	(3) The Commission Chairman is a full-time member of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
	(3) New.
	(4) Subsections 45.29(7) to (9) read as follows:
	(7) The Governor in Council may, by order, appoint a person to be an alternate member for any member of the Commission, other than the Commission Chairman, and the alternate member so appointed may act as a member of the Commission in the event of the absence, incapacity or ineligibility to conduct a hearing of that member.
	(8) An alternate member shall be appointed as a part-time member of the Commission and subsections (2), (4) to (6) and (10) and (11) apply, with such modifications as the circumstances require, to an alternate member as though the alternate member were a member of the Commission.
	(9) Each full-time member of the Commission is entitled to be paid such salary in connection with the work of the Commission as may be approved by order of the Governor in Council.
	(5) Subsections 45.29(11) and (12) read as follows:
	(11) Each member of the Commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of residence in connection with the work of the Commission.
	(12) The full-time members of the Commission are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
	Clause 208: Subsections 45.3(2) and (3) read as follows:
	(2) In the event of the absence or incapacity of the Commission Chairman or if the office of Commission Chairman is vacant, the Minister may authorize the Vice-Chairman to exercise the powers and perform the duties and functions of the Commission Chairman.
	(3) The Commission Chairman may delegate to the Vice-Chairman any of the Commission Chairman's powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 45.34.
	Clause 209: New.
	Canada Shipping Act
	Clause 212: Subsection 704(1) reads as follows:
	704. (1) The Governor in Council shall appoint an Administrator of the Ship-source Oil Pollution Fund to hold office during good behaviour for such term, not exceeding five years, as is fixed by the Governor in Council.
	Clause 213: Subsection 708(1) reads as follows:
	708. (1) The Governor in Council may appoint a Deputy Administra tor of the Ship-source Oil Pollution Fund to hold office during good behaviour for such term, not exceeding five years, as is fixed by the Governor in Council.
	Status of the Artist Act
	Clause 214: (1) Subsection 4(1) reads as follows:
	4. (1) The Minister of Communications shall establish a Canadian Council on the Status of the Artist, composed of seven to twelve part-time members, including a Chairperson, one or two Vice-chairper sons and not more than nine other members, to be appointed by the Governor in Council on the recommendation of the Minister and to hold office during pleasure of the Governor in Council.
	(2) Subsection 4(4) reads as follows:
	(4) Each Council member shall be paid reasonable travel and other expenses incurred while performing the member's duties, and shall receive such fees for attendance at Council meetings as the Governor in Council may fix.
	Clause 215: (1) Subsection 10(1) reads as follows:
	10. (1) The Canadian Artists and Producers Professional Relations Tribunal is hereby established, composed of a Chairperson, a Vice- chairperson and not less than two or more than four other full-time or part-time members.
	(2) Subsection 10(3) reads as follows:
	(3) The members of the Tribunal shall be appointed for a term not exceeding
	(a) seven years, in the case of the Chairperson;
	(b) five years, in the case of the Vice-chairperson and any full-time member; and
	(c) three years, in the case of any other member.
	Clause 216: Section 12 reads as follows:
	12. (1) Each member of the Tribunal shall be paid such remuneration as the Governor in Council may fix, and be reimbursed for reasonable travel and other expenses incurred while performing the member's duties outside the member's ordinary place of residence.
	(2) The full-time members of the Tribunal are deemed to be employed in the public service of Canada for the purposes of the Public Service Superannuation Act, the Government Employees Compensa tion Act and regulations made under section 9 of the Aeronautics Act.
	Soldier Settlement Act
	Clause 218: (1) Subsection 3(1) reads as follows:
	3. (1) The Governor in Council may appoint an officer who shall be called the Director of Soldier Settlement who shall hold office during pleasure.
	(2) Subsection 3(5) reads as follows:
	(5) In the absence of the Director of Soldier Settlement, an officer named by the Minister shall have the powers and perform the duties of such Director.
	Clause 219: The relevant portion of section 64 reads as follows:
	64. The Board may, with the approval of the Governor in Council, and subject to the provisions of this Act, make regulations, prescribing
	Veterans' Land Act
	Clause 221: Subsection 3(1) reads as follows:
	3. (1) The Governor in Council may appoint an officer to be known as The Director, The Veterans' Land Act (in this Act referred to as ``the Director'') who shall be responsible to the Minister and be paid such salary as may be fixed by the Governor in Council.
	Clause 222: The heading before section 21 and section 21 read as follows:
	Advisory Boards
	21. (1) There shall be one or more provincial advisory boards in each province appointed by the Governor in Council, each Board being comprised of three members; the chairperson shall be a judge of a county or district court of the province in which the board operates (or in the Province of Quebec a judge of the Court of Quebec, or in the Province of Ontario a judge of the Ontario Court (General Division), or in the Province of British Columbia a judge of the Supreme Court, or in the Province of Prince Edward Island or Newfoundland a judge of the Trial Division of the Supreme Court, or in the Province of New Brunswick, Manitoba, Alberta or Saskatchewan a judge of the Court of Queen's Bench), and one member shall be nominated by the Royal Canadian Legion.
	(2) The Director, before taking any action or proceedings under subsection 22(1), shall, upon due notice to the veteran concerned, refer the question of rescission in any case to the appropriate advisory board in the province in which the land concerned is situated, for its consent as to whether the default in performance of the agreement warrants the Director in exercising the powers given him under the said subsection or as to the remedial conditions to be fulfilled by the veteran, in default of compliance with which rescission of the agreement may ensue.
	(3) Notwithstanding subsection (2), where the Director is of the opinion that it is impracticable to refer the question of the rescission of an agreement with a veteran to an advisory board in the province in which the land concerned is situated, the Director may, upon due notice to the veteran concerned, refer the question of rescission to the appropriate advisory board in an adjacent province.