Bill C-41
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend certain Acts''.
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SUMMARY |
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This enactment amends and makes corrections to certain laws of
Canada.
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EXPLANATORY NOTES |
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Canada Customs and Revenue Agency Act |
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Clause 2: Section 21 reads as follows:
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21. For the purposes of the Government Employees Compensation
Act and any regulation made under section 9 of the Aeronautics Act, the
directors and the Deputy Commissioner appointed under subsection
26(1) are deemed to be employees in the public service of Canada.
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Clause 3: The heading before section 25 reads as
follows:
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Commissioner and Deputy Commissioner |
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Clause 4: Sections 26 to 29 read as follows:
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26. (1) A Deputy Commissioner of Customs and Revenue may be
appointed by the Governor in Council to hold office during pleasure for
a term of not more than five years, which term may be renewed for one
or more further terms of not more than five years each.
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(2) The Deputy Commissioner must exercise the powers and
perform the duties and functions that the Commissioner assigns.
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(3) The Deputy Commissioner must act as Commissioner if the
Commissioner is absent or incapacitated or the office of Commissioner
is vacant and, for that purpose, has all the powers, duties and functions
of the Commissioner.
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27. In the event of the absence or incapacity of, or vacancy in the
office of, the Commissioner and the Deputy Commissioner, the
Minister may appoint an employee of the Agency to exercise the powers
and perform the duties and functions of the Commissioner, but no
employee may be so appointed for a term of more than sixty days
without the approval of the Governor in Council.
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28. (1) The Commissioner and Deputy Commissioner must carry out
the duties and functions of their office on a full-time basis.
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(2) The Agency must pay the Commissioner and Deputy
Commissioner remuneration at the rate fixed by the Governor in
Council.
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29. The Commissioner and the Deputy Commissioner are entitled to
be paid reasonable travel and living expenses incurred by them in the
course of performing their duties while absent from their ordinary place
of work.
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Clause 5: Section 57 reads as follows:
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57. Sections 32 to 34 of the Public Service Employment Act apply to
the Commissioner, Deputy Commissioner and employees of the
Agency. For the purposes of those sections, the Commissioner and
Deputy Commissioner are deemed to be deputy heads and the
employees of the Agency are deemed to be employees as defined in
section 2 of that Act.
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Customs Act |
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Clause 6: The relevant portion of subsection 43.1(1)
reads as follows:
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43.1 (1) Any officer, or any officer within a class of officers,
designated by the Minister for the purposes of this section shall, before
goods are imported, on application by any member of a prescribed class
that is made within the prescribed time, in the prescribed manner and in
the prescribed form containing the prescribed information, give an
advance ruling with respect to
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Financial Administration Act |
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Clause 7: Section 104.1 reads as follows:
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104.1 In this Division, ``officer-director'', in respect of a parent
Crown corporation, means
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Clause 8: (1) Subsection 105(4) reads as follows:
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(4) Notwithstanding subsection (1), if any director of a parent Crown
corporation is not appointed to take office on the expiration of the term
of an incumbent director, the incumbent director continues in office
until his successor is appointed.
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(2) Subsection 105(8) reads as follows:
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(8) Nothing in this section shall be construed as empowering the
appointment, re-appointment or continuation in office as a director or
officer-director of a parent Crown corporation of any person who does
not meet any qualifications for the appointment, re-appointment or
continuation established by any other Act of Parliament.
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Importation of Intoxicating Liquors Act |
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Clause 9: The relevant portion of subsection 3(2)
reads as follows:
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(2) The provisions of subsection (1) do not apply to
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Lieutenant Governors Superannuation Act |
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Clause 10: (1) The definition ``disabled'' in section 2
reads as follows:
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``disabled'', with respect to a contributor, means afflicted with a
permanent infirmity that renders the contributor incapable of
performing the duties and functions of his office or incapable of
pursuing regularly any substantially gainful occupation
commensurate with his qualifications;
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(2) The definition ``contributor'' in section 2 reads as
follows:
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``contributor'' means a Lieutenant Governor who is required by
subsection 4(1) to contribute to the Consolidated Revenue Fund and
includes
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(3) and (4) The relevant portion of the definition
``survivor'' in section 2 reads as follows:
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``survivor'' means
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Clause 11: (1) The relevant portion of subsection 3(1)
reads as follows:
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3. (1) Every contributor who has contributed under this Act in
respect of five years of service as the lieutenant governor of a province
is, subject to this Act,
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(2) Subsections 3(2) to (4) read as follows:
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(2) Subject to this Act, the pension to which a contributor is entitled
under this section is three-tenths of the average salary received by him
during the last five years of his service as the lieutenant governor of a
province.
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(3) Where under subsection (1) a contributor is entitled to a deferred
pension or a return of contributions at his option and he fails to exercise
the option within six months from the day on which he ceases to hold
office as the lieutenant governor of a province, he shall be deemed to
have exercised the option in favour of a deferred pension.
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(4) Every contributor who, on ceasing to hold office as the lieutenant
governor of a province, is not entitled to a pension under subsection (1)
is entitled, on ceasing to hold that office, to a return of the total
contributions made by him under this Part, together with interest, if any,
calculated pursuant to subsection (5).
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(3) The relevant portion of subsection 3(5) reads as
follows:
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(5) When, at any time after December 31, 1975, a contributor or his
or her survivor, estate or succession becomes entitled, pursuant to
subsection (1) or (4) or section 8 or 9, to be paid any amount of the
contributions made by the contributor under this Part, the President of
the Treasury Board shall
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(4) New.
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Clause 12: Subsection 4(3) reads as follows:
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(3) For the purposes of the Income Tax Act, the amount contributed
by a Lieutenant Governor pursuant to subsection (1) shall be deemed to
be contributed to or under a registered pension plan.
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Clause 13: New.
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Clause 14: (1) Subsection 5(1) reads as follows:
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5. (1) A Lieutenant Governor may, in writing, elect, within six
months after his appointment as the lieutenant governor of a province,
not to contribute pursuant to section 4 and on so electing he shall,
notwithstanding that section, not be required to contribute pursuant to
that section.
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(2) Subsection 5(4) reads as follows:
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(4) Sections 3 and 4 do not apply to a Lieutenant Governor who has
made an election under this section and sections 7, 8 and 8.1 do not
apply to the survivor of a Lieutenant Governor who has made an
election under this section.
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Clause 15: The heading before section 7 and sections
7 to 9 read as follows:
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Surviving Spouse |
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7. (1) Where a contributor who has ceased to hold office as the
lieutenant governor of a province but who is entitled to be paid an
immediate pension or a deferred pension under section 3 dies, his
surviving spouse, if that person was his spouse at the time he ceased to
hold office as the lieutenant governor of a province, shall be paid a
pension equal to one-half of the immediate pension or deferred pension
to which the contributor was entitled under that section.
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(2) Where a contributor who has, pursuant to subsection 4(2), ceased
to be required to contribute pursuant to subsection 4(1) dies while
holding office as the lieutenant governor of a province, his surviving
spouse shall be paid a pension equal to one-half of the immediate
pension or deferred pension to which the contributor would have
become entitled under section 3 had he, immediately prior to his death,
ceased, for any reason other than death, to hold office as the lieutenant
governor of the province.
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(3) A pension that is payable under this section to the surviving
spouse of a contributor commences to be payable immediately after the
death of the contributor.
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8. Where a contributor dies while holding office as the lieutenant
governor of a province and his surviving spouse is not entitled to a
pension under section 7, his surviving spouse shall be paid the total
amount of the contributions made by the contributor under this Part,
together with interest, if any, calculated pursuant to subsection 3(5).
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Death Benefit |
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9. Where, on the death of a contributor, there is no surviving spouse
to whom a pension or return of contributions under this Act may be paid,
or where a person who is entitled to a pension under this Act as the
surviving spouse of a contributor dies, any amount by which the total
amount of the contributions made by the contributor under this Part,
together with interest, if any, calculated pursuant to subsection 3(5),
exceeds the total amount paid to the contributor and his surviving
spouse under this Part shall be paid, as a death benefit, to his estate or,
if less than one thousand dollars, as the President of the Treasury Board
may direct.
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Clause 16: The relevant portion of section 11 reads as
follows:
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11. The Governor in Council may make regulations
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Clause 17: New.
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Modernization of Benefits and Obligations Act |
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Clause 18: Section 174 reads as follows:
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174. The heading before section 7 and sections 7 to 9 of the Act are
replaced by the following:
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Survivors |
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7. (1) When a contributor who has ceased to hold office as the
Lieutenant Governor of a province but who is entitled to be paid an
immediate pension or a deferred pension under section 3 dies, his or her
survivor shall be paid a pension equal to one half of the immediate
pension or deferred pension to which the contributor was entitled under
that section.
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(2) When a contributor who has, pursuant to subsection 4(2), ceased
to be required to contribute pursuant to subsection 4(1) dies while
holding office as the Lieutenant Governor of a province, his or her
survivor shall be paid a pension equal to one half of the immediate
pension or deferred pension to which the contributor would have
become entitled under section 3 had he or she, immediately prior to his
or her death, ceased, for any reason other than death, to hold office as
the Lieutenant Governor of the province.
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(3) When a pension is payable under subsection (1) or (2) and there
are two survivors of the contributor, the total amount of the pension
shall be apportioned so that
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(4) In determining a number of years for the purpose of paragraph
(3)(b), a part of a year shall be counted as a full year if the part is six or
more months and shall be ignored if it is less.
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(5) A pension that is payable under this section to a survivor of a
contributor commences to be payable immediately after the death of the
contributor.
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8. (1) When a contributor dies while holding office as the Lieutenant
Governor of a province and his or her survivor is not entitled to a
pension under section 7, his or her survivor shall be paid the total
amount of the contributions made by the contributor under this Part,
together with interest, if any, calculated pursuant to subsection 3(5).
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(2) When a return of contributions is payable under subsection (1)
and there are two survivors of the contributor, the total amount of the
return of contributions shall be apportioned so that
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(3) In determining a number of years for the purpose of paragraph
(2)(b), a part of a year shall be counted as a full year if the part is six or
more months and shall be ignored if it is less.
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8.1 (1) If the person to whom a former Lieutenant Governor is
married or with whom he or she is cohabiting in a relationship of a
conjugal nature, having so cohabited for a period of at least one year,
would not be entitled to a pension under section 7 in the event of the
former Lieutenant Governor's death, the former Lieutenant Governor
may make an election, in accordance with the regulations, to reduce the
amount of the pension to which he or she is entitled in order that the
person could become entitled to a pension under subsection (2).
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(2) A person referred to in subsection (1) is entitled to a pension in
an amount determined in accordance with the election and the
regulations if the former Lieutenant Governor dies and the election is
not revoked or deemed to have been revoked, and the person was
married to the former Lieutenant Governor at the time of his or her
death, or was cohabiting with the former Lieutenant Governor in a
relationship of a conjugal nature for a period of at least one year
immediately before his or her death.
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(3) A person who is entitled to receive a pension under section 7 after
the former Lieutenant Governor's death is not entitled to a pension
under subsection (2) in respect of that former Lieutenant Governor.
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Death Benefit |
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9. If, on the death of a contributor, there is no survivor to whom a
pension or return of contributions under this Act may be paid, or if the
contributor's survivor dies, any amount by which the total amount of the
contributions made by the contributor under this Part, together with
interest, if any, calculated pursuant to subsection 3(5), exceeds the total
amount paid to the contributor and his or her survivor under this Part
shall be paid, as a death benefit, to the contributor's estate or succession
or, if less than $1,000, as the President of the Treasury Board may direct.
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National Round Table on the Environment and the Economy Act |
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Clause 19: (1) The definition ``Executive Director'' in
section 2 reads as follows:
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``Executive Director'' means the Executive Director of the Round Table
appointed pursuant to section 10;
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(2) New.
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Clause 20: Subsections 9(1) and (2) read as follows:
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9. (1) There shall be an executive committee of the Round Table
consisting of the Chairperson and the Executive Director and not fewer
than five or more than seven other members of the Round Table to be
appointed by the members for such term of office as they consider
appropriate.
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(2) The executive committee shall assist the Executive Director in
supervising the work of the Round Table and shall perform such duties
and functions as are imposed, or exercise such powers as are conferred,
on the executive committee by or under the by-laws or resolutions of the
Round Table.
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Clause 21: Section 10 and the heading before it read
as follows:
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EXECUTIVE DIRECTOR |
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10. (1) There shall be an Executive Director of the Round Table, who
shall be appointed by the Governor in Council, on the recommendation
of the Minister, to hold office during pleasure for a term not exceeding
three years.
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(2) The Executive Director is the chief executive officer of the
Round Table and has supervision over and direction of the work and
staff of the Round Table and shall perform such duties and functions as
are imposed, or exercise such powers as are conferred, on the Executive
Director by or under the by-laws or resolutions of the Round Table.
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(3) The Executive Director is eligible for reappointment.
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(4) If the Executive Director is absent or unable to act or the office
of Executive Director is vacant, the executive committee may authorize
an employee of the Round Table to act as Executive Director.
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Clause 22: Subsection 12(2) reads as follows:
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(2) The Executive Director shall be paid such salary or other
remuneration as the Governor in Council may fix.
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Clause 23: Subsection 13(2) reads as follows:
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(2) The Executive Director is entitled to be paid reasonable travel
and living expenses incurred by the Executive Director in performing
duties under this Act.
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Clause 24: Section 21 reads as follows:
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21. The Executive Director and employees of the Round Table shall
be 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.
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Salaries Act |
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Clause 25: New.
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Supplementary Retirement Benefits Act |
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Clause 26: (1) and (2) New.
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Clause 27: New.
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