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Bill C-44

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CONDITIONAL AMENDMENTS

Bill S-5

26. If Bill S-5, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts, is assented to, then, on the later of the coming into force of section 27 of that Act and the coming into force of section 3 of this Act,

    (a) the schedule to this Act is amended by adding the following in alphabetical order:

Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

    (b) subsections 48.2(1) and (2) of the Canadian Human Rights Act, as enacted by section 27 of that Act, are replaced by the following:

Terms of office

48.2 (1) The Chairperson and Vice-chairperson are to be appointed to hold office during good behaviour for terms of not more than seven years, and the other members are to be appointed to hold office during good behaviour for terms of not more than five years, but the Chairperson, Vice-chairperson and other members may be removed by the Governor in Council at any time for cause.

Acting after expiration of appointment

(2) A member whose appointment expires may, with the approval of the Chairperson, conclude any inquiry that the member has begun, and a person performing duties under this subsection is deemed to be a part-time member for the purposes of sections 48.6, 50 and 52 to 58.

    (c) section 48.3 of the Canadian Human Rights Act, as enacted by section 27 of that Act, is repealed.

Bill C-19

27. If Bill C-19, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, is assented to, then, on the later of the coming into force of section 2 of that Act and the coming into force of section 3 of this Act,

    (a) the schedule to this Act is amended by

      (i) striking out the following:

Canada Labour Relations Board

    Conseil canadien des relations du travail

      (ii) adding the following in alphabetical order:

Canada Industrial Relations Board

    Conseil canadien des relations industrielles

    (b) sections 12.06 to 12.15 of the Canada Labour Code, as enacted by section 2 of that Act, are repealed.

REORGANIZATION AND DISSOLUTION OF CERTAIN FEDERAL AGENCIES

Civil Aviation Tribunal

R.S., c. A-2

Amendments to the Aeronautics Act

R.S., c. 33 (1st Supp.), s. 5

28. (1) Subsection 29(1) of the Aeronautics Act is replaced by the following:

Tribunal established

29. (1) There is hereby established a tribunal to be known as the Civil Aviation Tribunal consisting of those members who are from time to time appointed by the Governor in Council.

(2) Section 29 of the Act is amended by adding the following after subsection (2):

Chairperson and Vice-
Chairperson

(2.1) The Governor in Council shall designate one of the members to hold office as Chairperson and one to hold office as Vice-Chairperson.

R.S., c. 33 (1st Supp.), s. 5

(3) Subsection 29(3) of the English version of the Act is replaced by the following:

Full- or part-time members

(3) The Chairperson and the Vice-Chairperson are each full-time members of the Tribunal and the other members may be appointed as full-time or part-time members.

Tenure of office

(4) For greater certainty, each person who holds office as Chairman or Vice-Chairman of the Civil Aviation Tribunal immediately before the coming into force of subsection (2) continues in office during good behaviour as Chairperson or Vice-Chairperson, as the case may be, of the Tribunal for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

R.S., c. 33 (1st Supp.), s. 5

29. Section 30 of the English version of the Act is replaced by the following:

Duties of Chairperson

30. (1) The Chairperson is the chief executive officer of the Tribunal and has supervision over and direction of the work and staff of the Tribunal including

    (a) the apportionment of work among the members thereof and the assignment of members to hear matters brought before the Tribunal and, where the Tribunal sits in panels, the assignment of members to panels and to preside over panels; and

    (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

Absence or incapacity

(2) In the event of the absence or incapacity of the Chairperson of the Tribunal or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise and perform all the powers, duties and functions of the Chairperson .

R.S., c. 33 (1st Supp.), s. 5

30. Section 31 of the Act is replaced by the following:

Remunera-
tion

31. (1) Each full-time member of the Tribunal shall be paid any remuneration that is fixed by the Governor in Council and each part-time member is entitled to be paid such fees for that member's services as are fixed by the Governor in Council.

Travel and living expenses

(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, in the case of a full-time member, the member's ordinary place of work and, in the case of a part-time member, the member's ordinary place of residence.

Compensa-
tion

31.1 The members of the Tribunal 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.

Terminology

31. The English version of the Act is amended by replacing the word ``Chairman'' with the word ``Chairperson'' in the following provisions:

    (a) subsection 32(3);

    (b) subsection 33(2); and

    (c) subsection 36(2).

Atlantic Canada Opportunities Agency

R.S., c. 41 (4th Supp.), Part I

Amendment to the Atlantic Canada Opportunities Agency Act

32. Subsection 19(1) of the Atlantic Canada Opportunities Agency Act is replaced by the following:

Meetings

19. (1) The Board shall meet at any times and places that the President may select.

Atomic Energy Control Board

R.S., c. A-16

Amendments to the Atomic Energy Control Act

33. Subsections 4(2) and (3) of the Atomic Energy Control Act are replaced by the following:

Tenure of office and remuneration

(2) The members of the Board appointed by the Governor in Council hold office during pleasure and shall be paid, in the case of full-time members, any remuneration and, in the case of part-time members , any fees that are fixed by the Governor in Council.

Travel and living expenses

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

34. Section 13 of the Act is replaced by the following:

Compensa-
tion

13. The members of and officers and employees employed by 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.

Conditional Amendment

1997, c. 9

35. If the Nuclear Safety and Control Act, chapter 9 of the Statutes of Canada, 1997, comes into force before sections 33 and 34 of this Act, then sections 33 and 34 are repealed.

Canadian Broadcasting Corporation

1991, c. 11

Amendments to the Broadcasting Act

36. (1) Subsection 36(3) of the Broadcasting Act is replaced by the following:

Tenure

(3) A director shall be appointed to hold office during pleasure for a term not exceeding five years.

Tenure of office

(2) For greater certainty, each person who holds office as a director of the Canadian Broadcasting Corporation immediately before the coming into force of subsection (1) continues in office during good behaviour for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

37. The Act is amended by adding the following after section 38:

Compensa-
tion

38.1 The directors of the Corporation 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.

Canada Mortgage and Housing Corporation

R.S., c. C-7

Amendments to the Canada Mortgage and Housing Corporation Act

38. (1) The definition ``Chairman'' in section 2 of the English version of the Canada Mortgage and Housing Corporation Act is repealed.

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

``Chair-
person'' Version anglaise seulement

``Chairperson'' means the Chairperson of the Board, appointed pursuant to subsection 6(2);

39. Section 6 of the Act is amended by adding the following after subsection (7):

Compensa-
tion

(8) Any directors who are not employed in the public service of Canada 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.

40. (1) Subsection 7(2) of the English version of the Act is replaced by the following:

Remunera-
tion of President

(2) The Governor in Council shall fix the remuneration of the President.

R.S., c. 1 (4th Supp.), s. 45 (Sch. III, item 3)(F)

(2) Subsections 7(3) and (4) of the Act are replaced by the following:

Appointment and remuneration of Vice-
Presidents

(3) The Board, with the approval of the Governor in Council, shall appoint three Vice-Presidents and fix their remuneration and, notwithstanding section 108 of the Financial Administration Act, the remuneration of the Vice-President who is designated as a director.

Term of office of Vice-
Presidents

(4) The Vice-Presidents hold office during pleasure for a term of seven years.

Tenure of office

(3) For greater certainty, a person who holds office as Vice-President of the Canada Mortgage and Housing Corporation pursuant to subsection 7(3) of the Canada Mortgage and Housing Corporation Act immediately before the coming into force of subsection (2) continues in office during good behaviour for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

41. Paragraph 8(1)(c) of the Act is repealed.

Terminology

42. The English version of the Act is amended by replacing the word ``Chairman'' with the word ``Chairperson'' in the following provisions:

    (a) subsections 6(1) to (4);

    (b) section 9; and

    (c) subsection 10(2).

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