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Bill C-43

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	INTELLECTUAL PROPERTY
Intellectual property	71. The Agency may license, sell or otherwise make available any patent, copyright, industrial design, trade-mark or other similar property right that it holds or develops.
Inventions	72. Notwithstanding section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Agency and vested in Her Majesty by that Act and any patent issued with respect to the invention are vested in the Agency.
	REAL PROPERTY
Definitions	73. The definitions in this section apply in this section and in sections 74 to 84.
``administra- tion'' « gestion »	``administration'' means the right to use, manage, construct, maintain or repair real property.
``Agency real property'' « immeuble de l'Agence »	``Agency real property'' means real property under the administration of the Agency.
``licence'' « permis »	``licence'' has the same meaning as in section 2 of the Federal Real Property Act.
``real property'' « immeuble »	``real property'' has the same meaning as in section 2 of the Federal Real Property Act.
Adminis- tration of real property	74. (1) The Agency has the administration of any real property acquired by the Agency by purchase, lease, transfer, gift, devise or otherwise.
Title	(2) Agency real property is the property of the Crown and title may be held in the name of Her Majesty in right of Canada or in the name of the Agency.
Transfer of administra- tion of real property	(3) For greater certainty, where the administration of any real property is transferred to the Agency, that property is Agency real property.
Acquisition of real property	75. (1) The Agency may acquire real property in its own name or in the name of Her Majesty in right of Canada by purchase, lease, gift, devise or otherwise.
Disposition of real property	(2) The Agency may dispose of Agency real property by sale, lease, gift or otherwise.
Transactions with Her Majesty	(3) The Agency may acquire real property from or dispose of Agency real property to Her Majesty by deed, lease or otherwise, as if it were not an agent of Her Majesty.
Licences	76. The Agency may give, acquire, relinquish or accept the relinquishment of a licence.
Transfers to provinces	77. (1) The Agency may transfer to Her Majesty in right of a province the administration and control of any Agency real property.
Transfers from provinces	(2) The Agency may accept a transfer of the administration and control of any real property held by Her Majesty in right of a province.
Grants	78. (1) Agency real property may be granted
	(a) by letters patent under the Great Seal;
	(b) by an instrument of grant stating that it has the same force and effect as if it were letters patent;
	(c) by a plan if, under the laws of Canada or a province, a plan may operate as an instrument granting, dedicating, transferring or conveying real property;
	(d) by any instrument by which, under the laws in force in the province in which the property is situated, real property may be transferred by a private person; or
	(e) by any instrument by which, under the laws in force in a jurisdiction outside Canada in which the property is situated, real property may be transferred.
Granting of leases	(2) A leasehold estate in Agency real property within Canada may also be granted by a lease that is not an instrument referred to in paragraph (1)(a) or (b), whether or not it is an instrument by which real property in a province may be transferred by a private person.
Effect of instrument of grant	(3) An instrument referred to in paragraph (1)(b) has the same force and effect as if the instrument were letters patent under the Great Seal.
Execution of instrument	79. A licence or an instrument granting or transferring Agency real property, other than letters patent, must be signed by persons authorized to do so by the Agency.
Grants to Agency	80. The Agency may grant Agency real property to itself.
Utilities	81. (1) The Agency may provide utilities and other services on or from Agency real property.
Real property services	(2) In carrying out its mandate, the Agency may incur expenditures or perform, or have performed, services or work in relation to any real property, work or other property not belonging to the Agency, with the consent of the owner.
Grants to municipa- lities	82. The Agency may make grants to a local municipality in an amount not greater than the taxes that might be levied by the municipality in respect of any Agency real property if the Agency were not an agent of Her Majesty.
Considera- tion	83. Notwithstanding the Financial Administration Act, the amount of the rent or other consideration charged for the lease or easement of Agency real property or a licence in respect of Agency real property may be less than, equal to or more than the costs borne by Her Majesty in right of Canada in relation to the property.
Federal Real Property Act not applicable	84. (1) Subject to subsections (2) and (3), the Federal Real Property Act does not apply to the Agency.
Sections that apply to Agency	(2) Sections 8 and 9, subsection 11(2) and sections 12, 13 and 14 of the Federal Real Property Act apply to the Agency and any reference in those provisions to
	(a) federal real property is to be read as a reference to Agency real property; and
	(b) an instrument referred to in paragraph 5(1)(b) of that Act is to be read as a reference to an instrument referred to in paragraph 78(1)(b) of this Act.
Paragraph 16(2)(g)	(3) Paragraph 16(2)(g) of the Federal Real Property Act applies to the Agency as if it were an agent corporation within the meaning of that Act.
Other provisions inapplicable	85. Section 61 of the Financial Administration Act and the Surplus Crown Assets Act do not apply to the Agency.
Expropria- tion	86. For the purposes of the Expropriation Act, the Minister is deemed to be a minister referred to in paragraph (b) of the definition ``Minister'' in section 2 of that Act and the Agency is deemed to be a department named in Schedule I to the Financial Administration Act.
	REPORTS TO PARLIAMENT
Audits and assessments	87. The Auditor General of Canada is the auditor for the Agency and must
	(a) annually audit and provide an opinion to the Agency and the Minister on the financial statements of the Agency;
	(b) periodically assess, on any basis that the Auditor General determines to be reasonable, the fairness and reliability of the information about the Agency's performance included in its annual report; and
	(c) provide the Minister, the Commissioner and the Board with copies of reports of audits and assessments carried out under this section.
Annual report	88. (1) The Agency must, before December 31 of each year following the Agency's first full year of operations, submit an annual report on the operations of the Agency for the preceding fiscal year to the Minister, and the Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
Form and contents	(2) The annual report must include
	(a) the financial statements of the Agency, prepared in accordance with accounting principles consistent with those applied in preparing the Public Accounts referred to in section 64 of the Financial Administration Act, and the Auditor General of Canada's opinion on them;
	(b) information about the Agency's performance with respect to the objectives established in the corporate business plan and a summary statement of any assessment by the Auditor General of Canada of the fairness and reliability of that information;
	(c) a summary statement of any assessment prepared under section 59;
	(d) any report made by the Public Service Commission under subsection 56(1); and
	(e) any other information that the Minister may require to be included in it.
Review of Act after five years	89. (1) Five years after the coming into force of this section, a comprehensive review and assessment of the provisions and operation of this Act must be undertaken by any committee of the House of Commons, of the Senate or of both Houses of Parliament that is designated or established for that purpose.
Tabling of report	(2) The committee designated or established for the purpose of subsection (1) must submit a report to Parliament within a reasonable time after the completion of its review and assessment.
	TRANSITIONAL
Powers, duties and functions	90. Any power, duty or function that, immediately before the coming into force of this section, was vested in the Deputy Minister of National Revenue or any employee under the Deputy Minister's authority by virtue of an Act of Parliament or any instrument made under an Act of Parliament or under a contract, lease, licence or other document is transferred to the Commissioner or to the appropriate employee of the Agency, as the case may be.
Continuation of staff	91. (1) Subject to section 92, every person who is appointed for an indeterminate period as an employee in the Department of National Revenue immediately before the coming into force of this section is deemed, on the day on which this section comes into force,
	(a) to have received notice from the Department as required by section 7.4.1 of the Work Force Adjustment Directive, defined in subsection 11(1) of the Financial Administration Act, of an offer of employment from the Agency that constitutes a Type 1 transitional employment arrangement, as described in section 7.2.2 of the Directive; and
	*(b) to have had their employment terminated under paragraph 11(2)(g.1) of the Financial Administration Act.*
Deemed acceptance of offer of employment	(2) An employee who does not notify the Agency in writing within sixty days after the day on which this section comes into force that the employee refuses the job offer from the Agency is deemed to have accepted it in accordance with section 7.4.2 of the Work Force Adjustment Directive and to have become an employee of the Agency on the day of the termination of their employment in the Department.
Employees who refuse job offers	(3) An employee who refuses a job offer deemed to have been made by the Agency under subsection (1) is entitled to receive the benefits for employees who refuse job offers, provided under
	*(a) paragraph 11(2)(g.1) and subsection 11(2.01) of the Financial Administration Act; and*
	(b) Part VII of the Work Force Adjustment Directive.
Agency deemed to be employer	(4) An employee referred to in subsection (3) is deemed to be an employee of the Agency, beginning on the day that this section comes into force and ending on the day of their written refusal, and the Agency is deemed to be their employer for all purposes during that period, as well as for the purpose of administering the benefits referred to in subsection (3) after that period.
Executive group	92. (1) Every indeterminate employee who was a member of the Executive Group in the Department of National Revenue immediately before the coming into force of this section is deemed, on the day on which this section comes into force,
	(a) to have received an offer of employment from the Agency; and
	*(b) to have had their employment terminated under paragraph 11(2)(g.1) of the Financial Administration Act.*
Ineligibility for benefits	(2) An employee whose employment is terminated under subsection (1) is not eligible for benefits under the Treasury Board Executive Employment Transition Policy.
Deemed acceptance of offer of employment	(3) An employee referred to in subsection (1) who does not notify the Agency in writing within sixty days after the day on which this section comes into force that the employee refuses the job offer from the Agency is deemed to have accepted it and to have become an employee of the Agency on the day of the termination of their employment in the Department.
Continuation of terms and conditions of employment	(4) An employee referred to in subsection (3) continues to be subject to the same terms and conditions of employment until they are modified by the Agency.
Severance pay	(5) Employees who are deemed by subsection (3) to have become employees of the Agency are not entitled to receive severance pay in cash, but the Agency is deemed to accept the accumulated severance liability of the Treasury Board under the Financial Administration Act to those employees.
When offer refused	(6) An employee who refuses a job offer deemed to have been made by the Agency under subsection (1) is entitled to receive the benefits provided under subsection 11(2.01) of the Financial Administration Act and to severance pay, as provided for under that Act.
Agency deemed to be employer	(7) An employee referred to in subsection (6) is deemed to be an employee of the Agency, beginning on the day that this section comes into force and ending on the day of their written refusal, and the Agency is deemed to be their employer for all purposes during that period, as well as for the purpose of administering the benefits referred to in subsection (6) after that period.
Term and other employees	93. On the coming into force of this section, every person employed in the Department of National Revenue who is not appointed for an indeterminate period continues as an employee of the Agency subject to the same terms and conditions of employment.
Continuation of positions	94. (1) Every position in the Department of National Revenue on the coming into force of this section, other than a statutory position occupied by a person appointed by the Governor in Council, is transferred to the Agency.
Positions occupied	(2) Every person who is deemed to have accepted a job offer under section 91 or 92 or whose employment is continued under section 93 occupies the same position in the Agency as the person occupied in the Department of National Revenue.
Employees on probation	95. (1) Every employee referred to in subsection 91(1), subsection 92(1) or section 93 who is considered under section 28 of the Public Service Employment Act to be on probation on the coming into force of this section continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of employees of which that employee is a member.
Employees of the Agency on probation	(2) Every employee of the Agency who is considered to be on probation under section 28 of the Public Service Employment Act on the coming into force of section 53 continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of employees of which that employee is a member.
Rejection	(3) Subsection 28(2) of the Public Service Employment Act applies to employees referred to in subsection (1) or (2), but the reference to deputy head in subsection 28(2) of that Act is to be read as a reference to the Commissioner.
Agency employees continued	96. On the coming into force of section 53, every employee who is deployed or appointed to the Agency under the Public Service Employment Act or transferred under sections 91 to 93 is deemed to have been appointed by the Agency and continues to be employed by the Agency with the same tenure of office.
Designated positions	97. A position that, immediately before the coming into force of this section, was a designated position in the Department of National Revenue, as that term is defined in section 2 of the Public Service Staff Relations Act, continues to be a designated position in the Agency until the first collective agreement is signed between the Agency and the appropriate bargaining agent.
Pending competitions and appointments	98. On the coming into force of section 53, a competition being conducted or an appointment being made under the Public Service Employment Act continues to be conducted or made as if that section had not come into force.
Eligibility lists	99. An eligibility list made under the Public Service Employment Act that is valid on the coming into force of section 53 continues to be valid for the period provided for by subsection 17(2) of that Act, but that period may not be extended.

Bill C-43

INTELLECTUAL PROPERTY

REAL PROPERTY

REPORTS TO PARLIAMENT

TRANSITIONAL