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Bill C-43

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R.S., c. P-36

Public Service Superannuation Act

179. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canada Customs and Revenue Agency

    Agence des douanes et du revenu du Canada

R.S., c. S-15

Special Import Measures Act

1994, c. 13, par. 7(1)(j)

180. (1) The definition ``Deputy Minister'' in subsection 2(1) of the Special Import Measures Act is repealed.

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``Commission er''
« commissaire »

``Commissioner'' means the Commissioner of Customs and Revenue, appointed under section 25 of the Canada Customs and Revenue Agency Act;

R.S., c. 23 (1st Supp.), s. 1(2)

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

Powers, duties and functions of Commissioner

(9) Any power, duty or function of the Commissioner under this Act may be exercised or performed by any person authorized by the Commissioner to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commissioner.

1994, c. 47, s. 161

181. The portion of subsection 31.1(4) of the Act before paragraph (a) is replaced by the following:

Notification

(4) The Commissioner shall without delay notify the Deputy Minister of Finance and the complainant if the Commissioner is of the opinion that

182. Section 94 of the Act is replaced by the following:

Ruling binding

94. A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the Commissioner, and on every person employed by the Canada Customs and Revenue Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the Commissioner at the time the Tribunal gives its ruling come to the Commissioner's attention after it is given.

Replacing ``Deputy Minister'' with ``Commission er''

183. (1) The Act is amended by replacing the words ``Deputy Minister'' and ``Deputy Minister's'' with the words ``Commissioner'' and ``Commissioner's'', respectively, wherever they occur in the following provisions:

    (a) subparagraph (b)(iii) of the definition ``properly documented'' in subsection 2(1);

    (b) the definition ``undertaking'' or ``undertakings'' in subsection 2(1);

    (c) subsections 2(7.3) and (7.4);

    (d) paragraph 4(2)(a);

    (e) paragraph 5(b);

    (f) paragraphs 6(b) and (c);

    (g) subsection 7(1);

    (h) subsections 8(1) to (2);

    (i) subsections 8(5) and (6);

    (j) the portion of subsection 9.2(1) before paragraph (a);

    (k) the portion of subsection 9.21(1) before paragraph (a);

    (l) the portion of section 9.3 before paragraph (a);

    (m) section 10;

    (n) subsections 11(1) and (2);

    (o) subsection 12(3);

    (p) subsection 13.2(1);

    (q) subsections 13.2(3) and (4);

    (r) paragraph 15(d);

    (s) paragraphs 16(1)(a), (b) and (c);

    (t) paragraph 16(2)(b);

    (u) sections 17 to 20;

    (v) subsections 25(1) and (2);

    (w) subsection 29(1);

    (x) subsection 30.2(2);

    (y) subsections 30.3(1) and (2);

    (z) subsection 30.4(2);

    (z.1) subsections 31(1) and (6) to (8);

    (z.2) subsections 31.1(1) to (3);

    (z.3) sections 32 to 39;

    (z.4) sections 41 to 41.2;

    (z.5) the portion of subsection 43(2) before paragraph (a);

    (z.6) the portion of section 46 after paragraph (b);

    (z.7) subsection 47(3);

    (z.8) sections 49 and 50;

    (z.9) sections 51 and 52;

    (z.10) subsection 53(1);

    (z.11) subsections 53(3) and (4);

    (z.12) section 53.1;

    (z.13) subsection 55(1);

    (z.14) the heading before section 56;

    (z.15) section 57;

    (z.16) subsections 58(1.1) and (2);

    (z.17) subsections 59(1) to (3.1);

    (z.18) subsection 59(4);

    (z.19) the portion of subsection 60(2) before paragraph (a);

    (z.20) subsection 61(1);

    (z.21) paragraph 62(1)(b);

    (z.22) subsections 76(2) and (2.1);

    (z.23) subsection 76(4.3);

    (z.24) section 76.1;

    (z.25) the definition ``appropriate authority'' in subsection 77.01(1);

    (z.26) paragraphs (a), (b), (d), (e) and (f) of the definition ``definitive decision'' in subsection 77.01(1);

    (z.27) the definition ``appropriate authority'' in subsection 77.1(1);

    (z.28) paragraphs (a), (b), (d), (e) and (f) of the definition ``definitive decision'' in subsection 77.1(1);

    (z.29) the portion of subsection 78(1) after paragraph (b);

    (z.30) subsections 78(3) to (5);

    (z.31) sections 83 and 83.1;

    (z.32) the portion of subsection 84(3) before paragraph (a);

    (z.33) sections 85 to 89;

    (z.34) paragraphs 91(1)(c) to (g);

    (z.35) paragraph 91(3)(b);

    (z.36) sections 95 and 96;

    (z.37) subsections 96.1(1) to (3);

    (z.38) subsection 96.1(6);

    (z.39) subsection 96.11(1); and

    (z.40) section 96.2.

Replacing ``Deputy Minister'' with ``Commission er''

(2) The English version of the Act is amended by replacing the words ``Deputy Minister'' with the word ``Commissioner'' wherever they occur in the following provisions:

    (a) the definition ``prescribed'' in subsection 2(1);

    (b) subsection 77.011(4);

    (c) subsection 77.013(3);

    (d) subsection 77.11(3);

    (e) subsection 77.13(2);

    (f) the heading before section 78;

    (g) subsection 78(2);

    (h) subsections 79(1) and (2); and

    (i) paragraph 84(1)(b).

Replacing ``sous-ministr e'' with ``commissaire ''

(3) The French version of the Act is amended by replacing the word ``sous-ministre'' with the word ``commissaire'' wherever it occurs in the following provisions:

    (a) subsection 13.2(2);

    (b) subsection 56(1.01);

    (c) subsection 56(1.1);

    (d) subsection 77.021(2);

    (e) subsection 77.21(2); and

    (f) paragraph 97(1)(b).

Conditional amendment re Bill C-35

184. If Bill C-35, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act (in this section referred to as ``that Act''), is assented to and

    (a) if subsections 3(1) and (2) of that Act come into force after paragraph 183(1)(h) of this Act comes into force, then the words ``Deputy Minister'' in subsections 8(1.1) and (1.2) of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (b) if subsection 3(4) of that Act comes into force after paragraph 183(1)(i) of this Act comes into force, then the words ``Deputy Minister'' in the portion of subsection 8(6) of the Special Import Measures Act before paragraph (a) are replaced by the word ``Commissioner'';

    (c) if section 5 of that Act comes into force, then the words ``Deputy Minister'' in subsection 12(2) of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (d) if subsection 6(1) of that Act comes into force after paragraph 183(1)(p) of this Act comes into force, then the words ``Deputy Minister'' in the portion of subsection 13.2(1) of the Special Import Measures Act before paragraph (a) are replaced by the word ``Commissioner'';

    (e) if section 7 of that Act comes into force, then the words ``Deputy Minister'' in subsection 20(2) of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (f) if section 13 of that Act comes into force after paragraph 183(1)(x) of this Act comes into force, then the words ``Deputy Minister'' in subsection 30.2(2) of the English version of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (g) if section 14 of that Act comes into force after paragraph 183(1)(y) of this Act comes into force, then the words ``Deputy Minister'' in subsection 30.3(1) of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (h) if section 16 of that Act comes into force after paragraph 183(1)(z.3) of this Act comes into force, then the words ``Deputy Minister'' in subsection 32(3) of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (i) if section 17 of that Act comes into force after paragraph 183(1)(z.3) of this Act comes into force, then the words ``Deputy Minister'' in subsection 34(1) and section 35 of the Special Import Measures Act are replaced by the word ``Commissioner'';

    (j) if section 18 of that Act comes into force after paragraph 183(1)(z.3) of this Act comes into force, then the word ``sous-ministre'' in subsection 35.1(1) of the French version of the Special Import Measures Act is replaced by the word ``commissaire'';

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