Bill C-49
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Copyright Board |
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| R.S., c. C-42
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Amendments to the Copyright Act
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| R.S., c. 10
(4th Supp.), s.
12
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98. (1) Subsection 66(1) of the Copyright
Act is replaced by the following:
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| Establishment
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66. (1) There is hereby established a Board,
to be known as the Copyright Board, consist
ing of not more than five members, including
a Chairperson , to be appointed by the Gover
nor in Council.
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| R.S., c. 10
(4th Supp.), s.
12
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(2) Subsection 66(3) of the Act is replaced
by the following:
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| Chairperson
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(3) The Chairperson must be a judge, either
sitting or retired, of a superior, county or
district court.
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(3) Section 66 of the Act is amended by
adding the following after subsection (4):
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| Vice- Chairperson
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(4.1) The Governor in Council shall desig
nate one of the members, other than the
Chairperson, to hold office as Vice-Chairper
son.
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| R.S., c. 10
(4th Supp.), s.
12
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(4) Subsection 66(7) of the Act is replaced
by the following:
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| Retirement
pensions
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(7) The full-time members of the Board,
other than the Chairperson, are deemed to be
employed in the Public Service for the pur
poses of the Public Service Superannuation
Act.
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| Compensation
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(8) The members of the Board are deemed
to be employees for the purposes of the
Government Employees Compensation Act
and to be employed in the public service of
Canada for the purposes of any regulations
made pursuant to section 9 of the Aeronautics
Act.
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| Tenure of
office
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(5) For greater certainty, the person who
holds office as Vice-Chairman of the Copy
right Board immediately before the coming
into force of subsection (3) continues in
office during good behaviour for the re
mainder of the term for which the person
was appointed, but may be removed by the
Governor in Council for cause.
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| R.S., c. 10
(4th Supp.), s.
12
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99. Section 66.1 of the English version of
the Act is replaced by the following:
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| Duties of
Chairperson
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66.1 (1) The Chairperson shall direct the
work of the Board and apportion its work
among the members of the Board.
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| Absence or
incapacity of
Chairperson
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(2) If the Chairperson is absent or incapaci
tated or if the office of Chairperson is vacant,
the Vice-Chairperson has all the powers and
functions of the Chairperson during the ab
sence, incapacity or vacancy.
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| Duties of
Vice- Chairperson
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(3) The Vice-Chairperson is the chief
executive officer of the Board and has supervi
sion over and direction of the Board and its
staff.
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| R.S., c. 10
(4th Supp.), s.
12
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100. Section 66.2 of the Act is replaced by
the following:
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| Remuneration
and fees
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66.2 (1) The full-time members of the
Board shall be paid any remuneration and the
part-time members of the Board shall be paid
any fees that are fixed by the Governor in
Council.
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| Travel and
living
expenses
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(2) The members of the Board are entitled
to be paid reasonable travel and living ex
penses incurred by them in the course of their
duties under this Act while absent from, in the
case of full-time members, their ordinary
place of work and, in the case of part-time
members, their ordinary place of residence.
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National Parole Board |
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| 1992, c. 20
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Amendments to the Corrections and
Conditional Release Act
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| 1993, c. 34, s.
57(F)
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101. Sections 103 and 104 of the Correc
tions and Conditional Release Act are re
placed by the following:
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| Board
continued
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103. (1) The National Parole Board is
hereby continued, to consist of any full-time
and part-time members that the Governor in
Council, on the recommendation of the Minis
ter, considers necessary to discharge the
responsibilities of the Board .
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| Tenure
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(2) The full-time and part-time members
shall be appointed by the Governor in Council
to hold office during good behaviour for
periods not exceeding five years and three
years, respectively, and may be removed at
any time by the Governor in Council for cause.
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| Re- appointment
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(3) A member may be re-appointed to the
Board.
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| Chairperson
and Vice- Chairperson
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104. The Governor in Council shall desig
nate 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 Vice-Chairperson.
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102. Subsection 105(3) of the Act is
replaced by the following:
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| Divisions
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(3) Each member of the Board other than
the Chairperson and the Vice-Chairperson
shall be assigned to a division of the Board
specified in the instrument of appointment.
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103. Subsection 146(1) of the Act is
replaced by the following:
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| Constitution
of Appeal
Division
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146. (1) There shall be a division of the
Board known as the Appeal Division, consist
ing of not more than six full-time members
and a number of part-time members desig
nated by the Governor in Council on the
recommendation of the Minister from among
the members appointed pursuant to subsection
103(1) , and one of those full-time members
may be designated Senior Board Member ,
Appeal Division.
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104. The portion of subsection 147(2) of
the Act before paragraph (a) is replaced by
the following:
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| Decision of
Senior Board
Member
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(2) The Senior Board Member , Appeal
Division, or, where no Senior Board Member,
Appeal Division, has been designated, the
Vice-Chairperson , may refuse to hear an
appeal, without causing a full review of the
case to be undertaken, where, in the opinion of
the Senior Board Member, Appeal Division,
or the Vice-Chairperson, as the case may be ,
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105. Subsection 148(1) of the Act is
replaced by the following:
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| Head office
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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 may be
held at such times and places as the Chairper
son directs.
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106. Sections 150 and 151 of the Act are
replaced by the following:
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| Senior Board
Members
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150. (1) A full-time member shall be
designated by the Governor in Council, on the
recommendation of the Minister, to be Senior
Board Member for each regional division of
the Board.
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| Responsibi- lities
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(2) The Senior Board Member 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.
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General
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| Policies
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151. (1) After any consultation with Board
members and staff of the Board that the
Chairperson considers appropriate, the Chair
person
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| Respect for
diversity
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(2) Policies adopted under paragraph (1) (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.
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107. Subsections 152(7) and (8) of the Act
are replaced by the following:
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| Absence, etc.,
of
Chairperson
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(7) In the event of the absence or incapacity
of the Chairperson or a vacancy in the office
of Chairperson, the Vice-Chairperson may
exercise all the powers of the Chairperson.
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| Absence, etc.,
of Vice- Chairperson
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(8) In the event of the absence or incapacity
of, or a vacancy in the offices of, the
Chairperson and the Vice-Chairperson, a
full-time member of the Board designated by
the Minister may exercise all the powers of the
Chairperson.
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108. Section 153 of the Act is amended by
adding the following after subsection (4):
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| Compensation
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(5) The members of the Board are deemed
to be employees for the purposes of the
Government Employees Compensation Act
and to be employed in the public service of
Canada for the purposes of any regulations
made pursuant to section 9 of the Aeronautics
Act.
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Transitional Provisions
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| Full-time
members
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109. Subsection 103(2) of the Act, as
enacted by section 101 of this Act, shall not
be construed so as to affect the term of office
of any person who, on the day on which that
section comes into force, is a full-time
member of the National Parole Board.
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| Vice- Chairperson
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110. The person who, on the day on which
section 101 of this Act comes into force,
holds the office of Executive Vice-Chairper
son of the National Parole Board becomes,
on that day, Vice-Chairperson of the Board.
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| Senior Board
Member,
Appeal
Division
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111. The person who, on the day on which
section 103 of this Act comes into force,
holds the office of Vice-Chairperson, Ap
peal Division of the National Parole Board
becomes, on that day, Senior Board Mem
ber, Appeal Division of the National Parole
Board.
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| Senior Board
Members of
regional
divisions
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112. Every person who, on the day on
which section 106 of this Act comes into
force, holds the office of Vice-Chairperson
for a regional division of the National
Parole Board becomes, on that day, Senior
Board Member for that regional division.
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Employment Support Board |
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Closing out Affairs of Board
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| References
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113. (1) Every reference to the Employ
ment Support Board, established under
subsection 6(1) of the Employment Support
Act, in any deed, contract or other docu
ment executed by the Board in its own name
shall, unless the context otherwise requires,
be read as a reference to Her Majesty in
right of Canada.
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| Closing out
affairs
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(2) The Minister of Industry may do and
perform all acts and things necessary for
and incidental to closing out the affairs of
the Employment Support Board.
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Repeal
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| Repeal
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114. The Employment Support Act, chap
ter 56 of the Statutes of Canada,
1970-71-72, is repealed.
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Petroleum Monitoring Agency |
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| R.S., c. E-8
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Amendments to the Energy Monitoring Act
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115. The definition ``Agency'' in subsec
tion 2(1) of the Energy Monitoring Act is
repealed.
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116. Section 9 of the Act is repealed.
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| 1994, c. 41,
par. 38(1)(b)
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117. The heading before section 16 and
sections 16 to 29 of the Act are replaced by
the following:
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| Reports
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28. (1) Subject to subsection (2), the
Minister may publish any reports that the
Minister considers appropriate and necessary
in respect of energy commodities and energy
enterprises and their holdings and operations.
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| Disclosure of
certain
information
only
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(2) The Minister shall not disclose in any
report published pursuant to subsection (1)
any statistic, information or documentation
obtained by the Minister 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 docu
mentation relates without the written consent
of that individual, corporation, partnership,
trust or organization.
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118. Section 33 of the Act is replaced by
the following:
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| Privilege
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33. The statistics, information and docu
mentation obtained by the Minister under this
Act, 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.
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119. Section 42 of the Act is repealed.
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Consequential Amendments
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| R.S., c. A-1
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Access to Information Act
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120. Schedule I to the Access to Informa
tion Act is amended by striking out the
following under the heading ``Other Gov
ernment Institutions'':
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Petroleum Monitoring Agency
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| R.S., c. F-11
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Financial Administration Act
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| 1994, c. 41, s.
25
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121. Schedule I.1 to the Financial Admin
istration Act is amended by striking out the
following in column I:
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Petroleum Monitoring Agency
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and the corresponding reference in column
II to the ``Minister of Natural Resources''.
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| R.S., c. P-21
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Privacy Act
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122. The schedule to the Privacy Act is
amended by striking out the following
under the heading ``Other Government
Institutions'':
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Petroleum Monitoring Agency
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| R.S., c. P-36
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Public Service Superannuation Act
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123. Part II of Schedule I to the Public
Service Superannuation Act is amended by
striking out the following:
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Petroleum Monitoring Agency
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