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Bill C-49

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	Chairperson
Powers, duties and functions	16. The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority.
	Chief Executive Officer
Appointment and tenure	17. The board may appoint the chief executive officer of the Authority to hold office during pleasure for a term of not more than five years. The appointment of the chief executive officer is renewable for one or more subsequent terms of not more than five years.
Role of chief executive officer	18. The chief executive officer is responsible for the day-to-day management of the Authority.
Incapacity or vacancy	19. In the event of the absence or incapacity of, or vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer.
Exclusion	20. The chief executive officer may not be appointed as a director.
Full-time office	21. (1) The chief executive officer must carry out the duties and functions of his or her office on a full-time basis.
Remuneration	(2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council.
Expenses	22. The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work.
	ROLE OF THE BOARD
Role of the board	23. The board is responsible for the management of the activities and affairs of the Authority.
By-laws	24. The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing
	(a) a code of ethics for the directors, officers and employees of the Authority;
	(b) committees of the board, including a human resources committee and an audit committee; and
	(c) contracting policies for the Authority.
	STAFF
Staff	25. The Authority may employ any officers, employees or agents and retain the services of any technical or professional advisers that it considers necessary for the proper conduct of its activities and affairs and may fix the terms and conditions of their engagement.
Accident compensation	26. The Chairperson, the chief executive officer and the directors, officers and employees of the Authority 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 under section 9 of the Aeronautics Act.
Safety of the public	27. The provision of screening at an aerodrome is conclusively deemed for all purposes to be a service that is necessary to prevent immediate and serious danger to the safety of the public.
	CONTRACTS, AGREEMENTS AND ARRANGEMENTS
Contracts with Her Majesty	28. (1) The Authority may enter into contracts, agreements or other arrangements with Her Majesty as if it were not an agent of Her Majesty.
Agreements	(2) The Authority may enter into agreements with Her Majesty represented by the Solicitor General of Canada or by the Royal Canadian Mounted Police for the provision of services, including services on aircraft, and may make payments in respect of those services.
Policing	29. The Authority may, with the approval of the Treasury Board, enter into agreements with designated airport authorities as defined in the Airport Transfer Miscellaneous Matters Act, for the purposes of contributing to the costs of policing incurred by that airport authority in carrying out its responsibilities.
Provision of space	30. Every operator of an aerodrome designated by the regulations must provide to the Authority, and maintain free of charge, such space at the aerodrome with services reasonably required by the Authority as the Authority and the operator agree on or, in the absence of agreement, such space at the aerodrome with services reasonably required by the Authority as the Minister determines to be necessary to enable the Authority to carry out its mandate.
	AUDIT
Audit	31. The Auditor General of Canada is the auditor of the Authority.
	SECURITY-RELATED INFORMATION
Protection of information	32. (1) Nothing in this Act, Part X of the Financial Administration Act or the Statutory Instruments Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security.
Requirement of confidentiality	(2) The Authority, authorized aerodrome operators and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security, including financial and other data that might reveal such information.
	FIVE-YEAR REVIEW
Review of Act in five years	33. (1) A review of the provisions and the operation of this Act must be completed by the Minister during the fifth year after this section comes into force.
Tabling of report	(2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been completed.
	REGULATIONS
Regulations by Governor in Council	34. The Governor in Council may make regulations
	(a) designating aerodromes at which the Authority is responsible for screening; and
	(b) requiring the Authority to provide to the Minister such information as the Minister may request.
	TRANSITIONAL PROVISIONS
Initial powers	35. Despite any other provision of this Act, pending the initial appointment of the directors, the Chairperson and any directors who have been appointed have all the powers of the board even if their number does not constitute a quorum.
Transfer of screening equipment	36. (1) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, good title in any or all screening equipment or other assets owned by the Corporation immediately before the coming into force of this section, free and clear of all liens and encumbrances, for such consideration as the Governor in Council may determine, having regard to the amount that the Corporation paid to acquire it as well as other relevant factors.
Other transfers to Authority	(2) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, any rights, titles, interests or obligations under any contract entered into by the Corporation that is specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations.
Transfer to Authority from air carriers	(3) The Governor in Council may require air carriers to transfer to the Authority, on such terms as the Governor in Council considers appropriate, their rights, titles, interests or obligations under any contract respecting screening specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations.
Transfer of contracts	(4) The transfer to the Authority of responsibility for any existing contracts under this section does not affect any rights, responsibilities or obligations acquired under the Canada Labour Code by the contractors, their employees or any trade union certified to represent those employees.
Transfer of screening equipment	(5) The Governor in Council may transfer to the Authority any screening equipment owned by Her Majesty, including explosive detection equipment, on such terms and conditions as the Governor in Council considers appropriate.
Transfer of Her Majesty's rights, etc., under contract	(6) The Governor in Council may transfer to the Authority, on such terms as the Governor in Council considers appropriate, Her Majesty's rights, titles, interests or obligations under any contract entered into by the Minister before the coming into force of this section respecting a subject-matter that is within the mandate of the Authority.
Acceptance of transfers	(7) The Authority must accept any transfer made under this section.
Appropriation	37. The amount of 340 million dollars is appropriated to the Minister from the Consolidated Revenue Fund for payment to the Authority for operating and capital expenditures incurred by it in the fiscal year 2002-2003 in carrying out its mandate, including payments made to authorized aerodrome operators and contributions made to designated airport authorities.
Agreements to continue delivering screening	38. The Authority may enter into agreements with air carriers allowing them to continue to deliver screening at aerodromes designated by regulation before the Authority becomes fully operational.
Financial documents	39. (1) Despite the period prescribed for submitting a corporate plan, an operating budget and a capital budget under the Financial Administration Act, the Authority must, within six months after the coming into force of this section, submit to the Minister in accordance with that Act a corporate plan, an operating budget and a capital budget for its first financial year.
Expenditure of funds	(2) Until the initial corporate plan, operating budget and capital budget for the Authority have been approved, the Authority may, despite sections 122 to 124 of the Financial Administration Act, expend funds, with the approval of the Minister, that the board considers to be essential for the Authority to become fully operational in a timely manner.
	Consequential Amendment
R.S., c. F-11	Financial Administration Act
	*3. Part I of Schedule III to the Financial Administration Act* is amended by adding the following in alphabetical order:**
	Canadian Air Transport Security Authority
	Administration canadienne de la sûreté du transport aérien
	Coming into Force
Coming into force	4. Sections 2 and 3 or any provisions of the Act enacted by section 2 come into force on a day or days to be fixed by order of the Governor in Council.
	PART 2
	AIR SECURITY CHARGES
	Air Travellers Security Charge Act
	*5. The Air Travellers Security Charge Act* is enacted as follows:**
	An Act to implement an air travellers security charge
	SHORT TITLE
Short title	1. This Act may be cited as the Air Travellers Security Charge Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``accredited representative '' « représentant accrédité »	``accredited representative'' means a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act.
``Agency'' « Agence »	``Agency'' means the Canada Customs and Revenue Agency established by subsection 4(1) of the Canada Customs and Revenue Agency Act.
``air carrier'' « transporteur aérien »	``air carrier'' means a person who carries on a business of transporting individuals by air.
``air transportation service'' « service de transport aérien »	``air transportation service'' means all of the transportation of an individual by air, by one or more air carriers, included in a continuous journey of the individual.
``assessment'' « cotisation »	``assessment'' means an assessment under this Act and includes a reassessment.
``bank'' « banque »	``bank'' means a bank as defined in section 2 of the Bank Act or an authorized foreign bank, as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
``charge'' « droit »	``charge'', except in the definition ``security interest'' and section 74, means a charge payable under section 11.
``chargeable emplanement' ' « embarquem ent assujetti »	``chargeable emplanement'' means an embarkation by an individual at a listed airport on an aircraft operated by a particular air carrier, except if
	(a) the embarkation
	(i) is for the purpose of transferring from a particular flight to a connecting flight and
	(A) the particular flight included a chargeable emplanement by the individual, or
	(B) the individual embarked on the particular flight outside Canada,
	(ii) is a reboarding of the aircraft to resume a direct flight,
	(iii) is a boarding of an aircraft that is being used to transport the individual on a direct flight to a destination in Canada that is not a listed airport, or
	(iv) results from the provision of emergency or ground services to an aircraft or its occupants;
	(b) the individual is
	(i) an accredited representative,
	(ii) an infant (other than an infant who has been issued a ticket that entitles the infant to occupy a seat for a part of the service that includes a chargeable emplanement),
	(iii) an employee
	(A) of the particular carrier, or of another air carrier that is a subsidiary wholly-owned corporation (in this subparagraph having the same meaning as in the Income Tax Act) of the particular carrier or of which the particular carrier is a subsidiary wholly-owned corporation, and
	(B) whose embarkation is in the course of that employment,
	or
	(iv) a prescribed individual;
	(c) the embarkation is
	(i) on an aircraft whose maximum certified take-off weight does not exceed 2 730 kg,