Bill C-40
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SUMMARY |
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The Miscellaneous Statute Law Amendment Program was
established in 1975. Since then, nine Acts have been passed (1977,
1978, 1981, 1984, 1987, 1992, 1993, 1994 and 1999). The purpose of
the Program is to allow minor amendments of a non-controversial
nature to be made to a number of federal statutes without having to wait
for particular statutes to be opened up for amendments of a more
substantial nature. Anyone may suggest amendments for possible
inclusion in a set of proposals, but most of the current proposals have
come from government departments or agencies.
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The Legislation Section of the Department of Justice is responsible
for receiving and reviewing proposals. The following criteria are
applied to determine whether a suggested amendment may be included
in the Proposals tabled in Parliament. The suggested amendment must
not
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The Legislation Section prepares a document entitled ``Proposals
for a Miscellaneous Statute Law Amendment Act'', containing only
those proposals that, in its view, meet the Program criteria.
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This document is tabled in the House of Commons by the Minister
of Justice, and referred to the appropriate Standing Committee of the
House. Except in 1977, the proposals have also been tabled in the
Senate and referred to its Standing Committee on Legal and
Constitutional Affairs.
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Consideration of the proposals by these Committees has always
been thorough and non-partisan. If either of these Committees
considers a proposal to be controversial, that proposal is dropped.
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The reports of the Senate Committee have always been adopted by
the Senate, but a motion has never been made for concurrence in the
reports of the House of Commons.
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A Miscellaneous Statute Law Amendment Bill is then prepared,
based on the reports of the two Committees and containing only
proposals approved by both Committees. Passage of the Bill has always
been speedy, given the usual understanding that the Bill will receive
three readings in each House without debate.
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EXPLANATORY NOTES |
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Anti-Personnel Mines Convention Implementation Act |
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Clause 3: Section 20 reads as follows:
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20. The Minister shall, by order, amend the schedule to incorporate
any amendment to the Convention as soon as is practicable after the
amendment takes effect, and shall cause the amendment to be laid
before Parliament on any of the first fifteen days that either House of
Parliament is sitting after the order is made.
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Arctic Waters Pollution Prevention Act |
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Clause 4: New.
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Atlantic Canada Opportunities Agency Act |
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Clause 5: Section 8 reads as follows:
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8. Subject to the regulations, the Minister may acquire, exercise,
assign or sell a stock option obtained as a condition under which a loan
or contribution was made, guarantee given or loan insurance or credit
insurance provided under section 13.
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An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts |
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Clause 6: Subsection 35(11) reads as follows:
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(11) On the later of the coming into force of section 54 of An Act
to amend certain laws relating to financial institutions, being chapter 15
of the Statutes of Canada, 1997, and the coming into force of paragraph
575(3)(b) of the Bank Act, as enacted by subsection (1), that paragraph
575(3)(b) is replaced by the following:
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Budget Implementation Act, 1997 |
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Clauses 7 and 8: These amendments would correct
errors in numbering in the French version of the
provisions.
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Business Development Bank of Canada Act |
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Clause 9: Subsection 14(5) reads as follows:
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(5) In any circumstances where the Bank may make a loan or
investment to a person, or give a guarantee in relation to a person, under
this section, the Bank may
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Clause 10: Section 32 reads as follows:
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32. The Bank shall not grant a loan, investment or guarantee to a
director or officer of the corporation.
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Clause 11: The relevant portion of section 33 reads as
follows:
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33. (1) An applicant must disclose in writing to the Bank whether the
applicant is an interested person or, if the applicant is a firm or
corporation, whether a partner of the firm or a shareholder, director or
officer of the corporation is an interested person.
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(2) If the applicant discloses that the applicant is an interested
person, or that a partner, shareholder, director or officer is an interested
person, the application must be submitted to the Board for approval
before the Bank enters into an agreement to provide the assistance.
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(3) A director must not be present at a meeting of the Board when the
Board is considering an application, or vote on a resolution relating to
it, if the applicant is
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Clause 12: Section 38 reads as follows:
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38. Except with the consent in writing of the Bank, a person must not
in any prospectus or advertisement, or for any other business purpose,
use the name of the Bank, the names ``B.D. Canada'', ``Federal
Business Development Bank'' or ``Industrial Development Bank'' or
the initials ``B.D.B.C.'' or ``F.B.D.B.'', in English, or the names
``Banque fédérale de développement'', ``Banque d'expansion
industrielle'' or ``B.D. Canada'' or the initials ``B.D.C.'' or ``B.F.D.'',
in French.
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Canada Council Act |
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Clause 13: The long title reads as follows:
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An Act for the establishment of a Canada Council for the
encouragement of the arts
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Clause 14: Section 1 reads as follows:
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1. This Act may be cited as the Canada Council Act.
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Clause 15: Section 3 and the heading before it read as
follows:
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CANADA COUNCIL |
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3. There is hereby established a corporation, to be known as the
Canada Council, consisting of a Chairperson and Vice-Chairperson and
not more than nine other members, to be appointed by the Governor in
Council as provided in section 4.
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Canada Labour Code |
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Clause 18: Section 197 reads as follows:
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197. Except in the case of an employee employed in a continuous
operation, an employee who is required to work on a day on which the
employee is entitled under this Division to a holiday with pay shall be
paid, in addition to his regular rate of wages for that day, at a rate at least
equal to one and one-half times his regular rate of wages for the time that
the employee worked on that day.
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Clause 19: The relevant portion of section 198 reads
as follows:
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198. An employee employed in a continuous operation who is
required to work on a day on which the employee is entitled under this
Division to a holiday with pay
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Clause 20: Subsection 202(1) reads as follows:
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202. (1) An employee is not entitled to pay for a general holiday that
occurs in his first thirty days of employment with an employer if the
employee does not work on that day, but if required to work on the
general holiday the employee shall be paid at a rate at least equal to one
and one-half times his regular rate of wages for the time that the
employee worked on that day, unless the employee is employed in a
continuous operation in which case the employee is entitled to his
regular rate of wages for the time that the employee worked on that day.
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Clause 21: Subsection 209.2(4) reads as follows:
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(4) For the purposes of calculating benefits of an employee who
takes or is required to take a leave of absence from employment under
this Division, other than benefits referred to in subsection (1),
employment on the employee's return to work shall be deemed to be
continuous with employment before the employee's absence.
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Clause 22: Subsection 239(3.1) reads as follows:
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(3.1) For the purposes of calculating benefits, other than benefits
referred to in subsection (2.1), of an employee who is absent from work
due to illness or injury where the conditions set out in subsection (1) are
met in respect of that absence, employment on the employee's return to
work shall be deemed to be continuous with employment before the
employee's absence.
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Clause 23: Subsection 239.1(9) reads as follows:
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(9) For the purposes of calculating benefits, other than benefits
referred to in subsection (5), of an employee who is absent from work
due to work-related illness or injury, employment on the employee's
return to work shall be deemed to be continuous with employment
before the employee's absence.
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Canada National Parks Act |
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Clause 24: Section 57 and the heading before it read
as follows:
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Northwest Territories Waters Act |
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57. Subsection 2.1(1) of the Northwest Territories Waters Act is
replaced by the following:
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2.1 (1) This Act does not apply in respect of the use of waters or the
deposit of waste in a park to which the Canada National Parks Act
applies, or on any land acquired for the purposes of the Historic Sites
and Monuments Act, that is situated within a settlement area for which
a land and water board is established by Part 3 of the Mackenzie Valley
Resource Management Act.
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Clause 25: New.
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Canada Shipping Act |
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Clause 26: Section 448 reads as follows:
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448. Every person who wilfully impedes a receiv-er of wrecks, a
person assisting a receiver of wrecks under subsection 428(1) or a
person to whom any powers, duties or functions of a receiver of wrecks
have been delegated under section 447.1 in the execution of any duty
under this Act, or defaults in appearing or giving evidence before a
receiver of wrecks, is guilty of an offence and liable on summary
conviction to a fine of not more than $1,000.
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Canadian Environmental Protection Act, 1999 |
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Clause 27: The definition ``transit'' in subsection 3(1)
reads as follows:
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``transit'' means, except for the purposes of sections 139 and 155, the
portion of an international transboundary movement through the
territory of a country that is neither the country of origin nor the
country of destination of the movement.
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Clause 28: Subsection 67(2) reads as follows:
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(2) No regulation that is applicable to a mineral or metal may be
made under subsection (1) unless, in the opinion of the Ministers, the
natural occurrence, properties and characteristics of that mineral or
metal in the environment have been taken into consideration.
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Clause 29: The relevant portion of subsection 71(1)
reads as follows:
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71. (1) The Minister may, for the purpose of assessing whether a
substance is toxic or is capable of becoming toxic, or for the purpose of
assessing whether to control, or the manner in which to control, a
substance, including a substance specified on the List of Toxic
Substances in Schedule 1,:
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Canadian Radio-television and Telecommunications Commission Act |
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Clause 30: (1) The definitions ``Chairman'' and
``Vice-Chairman'' in section 2 read as follows:
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``Chairman'' means the Chairman of the Commission designated by the
Governor in Council pursuant to subsection 6(1);
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``Vice-Chairman'' means any Vice-Chairman of the Commission
designated by the Governor in Council pursuant to subsection 6(1).
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(2) New.
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Companies' Creditors Arrangement Act |
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Clause 33: The relevant portion of subsection 11.4(3)
reads as follows:
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(3) An order made under section 11, other than an order referred to
in subsection (1) of this section, does not affect the operation of
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Copyright Act |
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Clause 34: Subsection 5(1.01) reads as follows:
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(1.01) For the purposes of subsection (1), a country that becomes a
Berne Convention country or a WTO Member after the date of the
making or publication of a work shall, as of becoming a Berne
Convention country or WTO Member, as the case may be, be deemed
to have been a Berne Convention country or WTO Member at the date
of the making or publication of the work, subject to subsection (1.02)
and section 29.
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Clause 35: The relevant portion of subsection 67.1(4)
reads as follows:
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(4) Where a proposed tariff is not filed with respect to the work,
performer's performance or sound recording in question, no action may
be commenced, without the written consent of the Minister, for
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Crimes Against Humanity and War Crimes Act |
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Clause 36: Section 43 reads as follows:
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43. The definition ``offence'' in section 183 of the Criminal Code
is amended by adding, immediately after the reference to ``Export or
Import Permits Act,'', a reference to ``any offence under the Crimes
Against Humanity and War Crimes Act,''.
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Cultural Property Export and Import Act |
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Clause 37: The relevant portion of subsection 4(2)
reads as follows:
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(2) Subject to subsection (3), the Governor in Council may include
in the Control List, regardless of their places of origin, any objects or
classes of objects hereinafter described in this subsection, the export of
which the Governor in Council deems it necessary to control in order
to preserve the national heritage in Canada:
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Clause 38: The relevant portion of subsection 18(2)
reads as follows:
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(2) The Chairperson and one other member shall be chosen generally
from among residents of Canada, and
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Electricity and Gas Inspection Act |
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Clause 39: The relevant portion of subsection 28(1)
reads as follows:
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28. (1) The Governor in Council may make regulations for carrying
out the purposes and provisions of this Act and, without limiting the
generality of the foregoing, may make regulations
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Employment Equity Act |
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Clause 40: Subsection 4(8) reads as follows:
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(8) Any chief executive officer or deputy head authorized under
subsection (7) to exercise any of the powers and perform any of the
duties and functions of the Treasury Board or Public Service
Commission may, subject to and in accordance with the authorization
given to that officer or deputy head, authorize one or more persons to
exercise any of those powers and perform any of those duties and
functions.
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Employment Insurance Act |
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Clause 41: The relevant portion of subsection 27(2)
reads as follows:
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(2) For the purposes of this section, employment is not suitable
employment for a claimant if
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Energy Monitoring Act |
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Clause 42: The definition ``Agency'' in subsection
2(1) reads as follows:
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``Agency'' means the Petroleum Monitoring Agency established under
section 16;
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Clause 43: Section 9 reads as follows:
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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.
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Clause 44: The heading before section 16 and sections
16 to 29 read as follows:
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PETROLEUM MONITORING AGENCY |
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16. There is hereby established an agency to be known as the
Petroleum Monitoring Agency.
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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.
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18. The Chairman is the chief executive officer of the Agency and
shall preside at meetings of the Agency.
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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.
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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.
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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.
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22. The principal office of the Agency shall be in the National Capital
Region described in the schedule to the National Capital Act.
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23. The Agency may meet at such times and places as the Chairman
deems advisable.
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24. The Agency may make by-laws for the management of its
internal affairs and generally for the conduct of its activities.
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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.
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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.
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27. The Agency shall make such reports and furnish such advice to
the Minister as the Minister may from time to time request.
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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.
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(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
documentation relates without the written consent of that individual,
corporation, partnership, trust or organization.
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29. The Agency shall carry out such other duties and functions as the
Minister may assign to the Agency.
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Clause 45: New.
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Clause 46: Section 33 reads as follows:
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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.
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Hazardous Materials Information Review Act |
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Clause 49: Subsection 11(3) reads as follows:
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(3) A claim for exemption shall be in such form and be filed in such
manner as is prescribed and shall be accompanied by the prescribed fee
or a fee calculated in the manner prescribed.
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Clause 50: Subsection 12(2) reads as follows:
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(2) The notice referred to in paragraph (1)(a) shall contain a
statement offering every affected party the opportunity to make, within
the period specified in the notice, written representations to the
screening officer with respect to the claim for exemption and the
material safety data sheet or label to which it relates.
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Clause 51: The relevant portion of subsection 23(1)
reads as follows:
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23. (1) An appeal board shall hear an appeal
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Industrial Design Act |
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Clause 52: Section 19 and the heading before it read
as follows:
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Rules, Regulations and Forms |
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19. (1) The Minister may, subject to the approval of the Governor in
Council, make rules and regulations and adopt forms for the purposes
of this Act respecting industrial designs, and such rules, regulations and
forms circulated in print for the use of the public shall be deemed to be
correct for the purposes of this Act.
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(2) All documents executed according to the rules, regulations and
forms referred to in subsection (1), and accepted by the Minister, shall
be deemed to be valid in so far as they relate to official proceedings
under this Act.
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Migratory Birds Convention Act, 1994 |
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Clause 53: The relevant portion of subsection 12(1)
reads as follows:
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12. (1) The Governor in Council may make any regulations that the
Governor in Council considers necessary to carry out the purposes and
provisions of this Act and the Convention, including regulations
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National Arts Centre Act |
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Clause 54: (1) The definition ``Director'' in section 2
reads as follows:
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``Director'' means Director of the Centre;
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(2) New.
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Nuclear Safety and Control Act |
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Clause 58: The relevant portion of subsection 21(1)
reads as follows:
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21. (1) The Commission may, in order to attain its objects,
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Clause 59: Subsection 24(1) reads as follows:
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24. (1) The Commission may establish classes of licences
authorizing the licensee to carry on any activity described in any of
paragraphs 26(a) to (f) that is specified in the licence for the period that
is specified in the licence.
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Clause 60: The relevant portion of subsection 37(2)
reads as follows:
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(2) The Commission may authorize a designated officer to
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Clause 61: The relevant portion of subsection 44(1)
reads as follows:
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44. (1) The Commission may, with the approval of the Governor in
Council, make regulations
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Clause 62: New.
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Patent Act |
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Clause 63: Subsection 28.4(2) reads as follows:
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(2) The request for priority must be made in accordance with the
regulations and the applicant must inform the Commissioner of the
filing date, country of filing and number of each previously regularly
filed application on which the request is based.
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Pension Benefits Division Act |
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Clause 64: Section 14 reads as follows:
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14. All amounts payable under this Act shall be paid out of the
Consolidated Revenue Fund and be charged to the Consolidated
Revenue Fund or to an account or accounts in the accounts of Canada,
as provided for by the regulations.
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Clause 65: The relevant portion of section 16 reads as
follows:
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16. The Governor in Council may, on the recommendation of the
President of the Treasury Board, make regulations
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Pension Benefits Standards Act, 1985 |
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Clause 66: The definitions ``former member'' and
``member'' in subsection 2(1) read as follows:
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``former member'', in relation to a pension plan, means
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``member'', in relation to a pension plan, means a person who has
become a member of the pension plan and has neither ceased
membership in the plan nor retired from the plan;
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Clause 67: (1) Subsection 9.2(4) reads as follows:
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(4) Subject to subsection (5), if more than one half but fewer than two
thirds of the persons in each of the categories referred to in subsection
(3) consented to the proposal, the employer may, or if the pension plan
is terminated shall, submit the proposal to arbitration. The employer
shall notify the Superintendent and the persons in those categories if the
proposal is to be submitted to arbitration.
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(2) The relevant portion of subsection 9.2(5) reads as
follows:
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(5) The employer's claim to the surplus, or part of it, shall be
submitted to arbitration within eighteen months after the termination of
the pension plan, or any further period specified by the Superintendent,
if
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The employer shall notify the Superintendent and the persons in the
categories referred to in subsection (3) that the claim will be submitted
to arbitration.
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(3) Subsection 9.2(7) reads as follows:
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(7) The arbitrator shall be chosen by the employer and the persons
in the categories set out in subsection (3). If they cannot agree on an
arbitrator within the prescribed period, the Superintendent shall choose
the arbitrator.
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Clause 68: (1) and (2) The relevant portion of
subsection 17(1) reads as follows:
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17. (1) A pension plan shall provide that any member of the plan who
has been a member for a continuous period of two years is entitled, on
cessation of membership in the plan,
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(3) The relevant portion of subsection 17(3) reads as
follows:
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(3) A pension plan shall provide that any member of the plan who has
been employed by the employer for a continuous period of ten years or
has been a member of the plan for a continuous period of ten years, and
who has attained forty-five years of age, is entitled, on cessation of
membership in the plan, to a deferred pension benefit, based on the
member's period of employment and salary up to the time of cessation
of membership, and calculated in a similar manner and payable on the
same terms and conditions as the immediate pension benefit (other than
that provided by additional voluntary contributions) that, if the member
had attained pensionable age, the member would have been eligible to
receive
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Clause 69: (1) The relevant portion of subsection
18(1) reads as follows:
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18. (1) Subject to subsections 23(5) and 25(4), a pension plan shall
provide
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(2) and (3) The relevant portion of subsection 18(2)
reads as follows:
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(2) Notwithstanding subsection (1), a pension plan may provide
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Clause 70: Section 20 reads as follows:
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20. On cessation of membership in a pension plan, a member is
entitled to withdraw from the plan an amount equal to the aggregate of
the member's own contributions, together with interest in accordance
with section 19, in respect of any period of membership for which the
member is not entitled to a pension benefit under section 16 or 17.
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Clause 71: Subsections 21(1) and (2) read as follows:
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21. (1) In the case of a defined benefit plan, where
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the member's pension benefit credit (or, in the case of paragraph (d), any
member's pension benefit credit) shall be not less than the aggregate of
the member's required contributions together with interest in
accordance with section 19.
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(2) In the case of a defined benefit plan, where
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then, subject to subsection (3) and paragraph 26(3)(b), if
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exceeds
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the pension benefit to the member shall be increased by the amount that
can be provided by that excess.
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Clause 72: (1) Subsection 23(1) reads as follows:
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23. (1) If a member or former member of a pension plan who is
entitled to a deferred pension benefit pursuant to subsection 17(1) (or,
in the case of a member, would be so entitled if the member ceased
membership in the plan) dies before becoming eligible to receive an
immediate pension benefit in accordance with subsection 16(2), the
survivor, if any, is entitled to that portion of the pension benefit credit,
calculated in accordance with section 21, to which the member or
former member would have been entitled on the day of death if the
member or former member had terminated employment on that day and
had not died, that is attributable to the member's or former member's
membership in the plan after December 31, 1986.
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(2) The relevant portion of subsection 23(3) reads as
follows:
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(3) A member or former member of a pension plan who is entitled
to a deferred pension benefit pursuant to subsection 17(1) (or, in the
case of a member, would be so entitled if the member ceased
membership in the plan) and dies before commencement of payment of
that pension benefit but after becoming eligible to receive an immediate
pension benefit in accordance with subsection 16(2) is deemed
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Clause 73: Subsection 25(4) reads as follows:
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(4) Notwithstanding anything in this section or in provincial
property law, a member or former member of a pension plan may assign
all or part of that person's pension benefit, pension benefit credit or
other benefit under the plan to that person's spouse, former spouse,
common-law partner or former common-law partner, effective as of
divorce, annulment, separation, or breakdown of the common-law
partnership, as the case may be, and in the event of such an assignment
the assignee shall, in respect of the assigned portion of the pension
benefit, pension benefit credit or other benefit, be deemed for the
purpose of this Act, except subsections 21(2) to (6),
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but a subsequent spouse or common-law partner of the assignee is not
entitled to any pension benefit, pension benefit credit or other benefit
under the pension plan in respect of that assigned portion.
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Clause 74: (1) The relevant portion of subsection
26(1) reads as follows:
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26. (1) If a member, before becoming eligible to receive an
immediate pension benefit pursuant to subsection 16(2), ceases to be a
member of a pension plan or dies, the member or the survivor, as the
case may be, is entitled
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(2) The relevant portion of subsection 26(2) reads as
follows:
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(2) Where a member, after becoming eligible to retire pursuant to
subsection 16(2) but before the commencement of payment of a
pension benefit, ceases to be a member of the pension plan or dies, the
plan may permit the member or the survivor, as the case may be,
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(3) The relevant portion of subsection 26(3) reads as
follows:
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(3) Where, at any time, a member ceases to be a member of the
pension plan or dies, the plan may provide
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Clause 75: The relevant portion of subsection 28(1)
reads as follows:
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28. (1) A pension plan shall provide
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Clause 76: The relevant portion of section 39 reads as
follows:
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39. The Governor in Council may make regulations
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Clause 77: Subsection 42(2) reads as follows:
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(2) Notwithstanding subsection (1), the Pension Benefits Standards
Act and the regulations thereunder continue to apply to persons who
have, before January 1, 1987, ceased membership in a pension plan or
retired from a pension plan.
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Public Service Superannuation Act |
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Clause 79: Subsection 40.1(1) reads as follows:
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40.1 (1) Where Her Majesty in right of Canada transfers or otherwise
divests Herself of the administration of a service to any person or body,
this Act and the regulations made under this Act apply, in the manner
and to the extent provided in any regulations made under paragraph
42.1(1)(u), to any contributor who, as a result of that transfer or
divestiture, ceases to be employed in the Public Service and who, on or
after that transfer or divestiture, becomes employed by the person or
body to whom the service is transferred or divested.
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Clause 80: The relevant portion of subsection 42(1)
reads as follows:
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42. (1) The Governor in Council may make regulations
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Weights and Measures Act |
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Clause 82: Section 14 reads as follows:
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14. Where a reference standard or a local standard is lost, destroyed,
defaced or damaged, the Minister shall take such action as may be
necessary to replace or restore the standard.
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Yukon Placer Mining Act |
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Clause 83: The relevant portion of subsection 17(2)
reads as follows:
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(2) Subsection (1) does not apply to lands
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Yukon Quartz Mining Act |
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Clause 84: Subsection 43(1) reads as follows:
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43. (1) Failure on the part of the locator of a mineral claim to comply
in every respect with the provisions of sections 39 to 42 shall not be
deemed to invalidate the location, if on the facts it appears to the
satisfaction of a mining recorder that the locator has staked out the
location as nearly as possible in the manner prescribed, that there has
been on the part of the locator an honest attempt to comply with all the
provisions of this Part and that the non-observance of any of the
formalities referred to in sections 39 to 42 is not of a character calculated
to mislead other persons who desire to locate claims in the vicinity.
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