Bill C-38

459. (1) Subsection 19(4) of the Act is replaced by the following:

(4) Subject to subsections (4.02) and (4.1), no allowance may be paid under this section to a pensioner’s spouse or common-law partner in any payment period unless a joint application of the pensioner and the spouse or common-law partner, or an application described in section 30, has been made for payment of an allowance in respect of that payment period and payment of the allowance has been approved under this Part.

(2) Section 19 of the Act is amended by adding the following after subsection (4.01):

460. Subsection 21(4) of the Act is replaced by the following:

(4) Subject to subsections (4.1), (5) and (5.1), no allowance may be paid to a survivor under this section in any payment period unless the survivor has made an application for an allowance in respect of that payment period and payment of the allowance has been approved under this Part.

461. Subsection 23(2) of the French version of the Act is replaced by the following:

462. Subsection 24(1) of the Act is replaced by the following:

24. (1) The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection 19(4.02) or (4.1) or 21(4.1) or (5.1), as the case may be, consider whether the applicant is entitled to be paid an allowance, and may approve payment of an allowance and fix the amount of benefits that may be paid, or may determine that no allowance may be paid.

463. The Act is amended by adding the following after section 26:

464. The Act is amended by adding the following after section 26.1:

465. Paragraphs 33.11(a) and (b) of the Act are replaced by the following:

(a) the Minister of National Revenue or any person that he or she designates may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development that is designated by the Minister, a report providing information that is available to the Minister of National Revenue, if the information is necessary for the administration of this Act;

(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act;

466. Subsection 44.1(1) of the Act is amended by adding the following after paragraph (a):

Coming into Force

467. (1) The provisions of this Division, other than sections 445 to 448, 451, 452, 461, 464 and 465, come into force on a day or days to be fixed by order of the Governor in Council.

(2) Sections 446, 448 and 451 come into force on July 1, 2013.

Division 25

Salaries Act

Amendment to the Act

468. The heading before section 1.1 and sections 1.1 and 1.2 of the Salaries Act are repealed.

Consequential Amendments

Access to Information Act

469. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Appointments Commission Secretariat

Financial Administration Act

470. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Public Appointments Commission Secretariat

and the corresponding reference in column II to “Prime Minister”.

471. Schedule IV to the Act is amended by striking out the following:

Public Appointments Commission Secretariat

Privacy Act

472. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Appointments Commission Secretariat

Division 26

Seeds Act

Amendments to the Act

473. (1) Subsection 4(1) of the Seeds Act is amended by adding the following after paragraph (b):

(2) Subsection 4(1) of the Act is amended by adding the following after paragraph (j):

474. The Act is amended by adding the following after section 4.1:

Coordinating Amendments

475. (1) In this section, “other Act” means the Marketing Freedom for Grain Farmers Act.

(2) If section 38 of the other Act comes into force before subsection 473(1) of this Act, then that subsection 473(1) is replaced by the following:

473. (1) Subsection 4(1) of the Seeds Act is amended by adding the following after paragraph (b):

(b.1) respecting licences referred to in section 4.1, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;

(3) If section 38 of the other Act comes into force on the same day as subsection 473(1) of this Act, then that section 38 is deemed to have come into force before that subsection 473(1) and subsection (2) applies as a consequence.

(4) If section 38 of the other Act comes into force before section 474 of this Act, then that section 474 is replaced by the following:

474. The Act is amended by adding the following after section 4:

LICENCE

4.1 (1) The President of the Canadian Food Inspection Agency may, subject to the regulations, issue a licence authorizing any person to perform any activity specified in the licence that is related to controlling or assuring the quality of seeds or seed crops, including the sampling, testing, grading or labelling of seeds.

(2) The President may, subject to the regulations, make the licence subject to any condition that he or she considers appropriate.

(3) The licence is not transferable.

(4) The President may, subject to the regulations, amend, suspend or revoke the licence.

(5) If section 38 of the other Act comes into force on the same day as section 474 of this Act, then that section 38 is deemed to have come into force before that section 474 and subsection (4) applies as a consequence.

Division 27

Statutory Instruments Act

Amendments to the Act

476. Section 13 of the Statutory Instruments Act and the heading before it are repealed.

477. Paragraph 16(3)(b) of the Act is replaced by the following:

(b) if a regulation is included in a copy of a revision of regulations purporting to be published by the Queen’s Printer, that regulation is deemed to have been published in the Canada Gazette.

Coming into Force

478. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 28

Investment Canada Act

479. Section 19 of the Investment Canada Act is renumbered as subsection 19(1) and is amended by adding the following:

480. (1) Subparagraph 36(4)(e)(ii) of the Act is replaced by the following:

(ii) any notice sent under subsection 21(1) or (9), 22(2) or (4) or 23(1) or (3), or

(2) Subsection 36(4) of the Act is amended by adding the following after paragraph (e):

(3) Subsection 36(4) of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):

(4) Subsection 36(4.1) of the Act is replaced by the following:

(4.1) The Minister shall inform the Canadian or non-Canadian before communicating or disclosing any financial, commercial, scientific or technical information under paragraph (4)(e.1), (g) or (h), and the Minister shall not communicate or disclose the information if they satisfy the Minister, without delay, that the communication or disclosure would prejudice them.

Division 29

Customs Act

481. The Customs Act is amended by adding the following after section 11.5:

482. The Act is amended by adding the following after section 99.4:

Division 30

Pension Benefits Standards Act, 1985

483. Subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985 are deemed to have come into force on July 27, 2004.

Division 31

Railway Safety Act

Amendments to the Act

484. (1) Section 16 of the Railway Safety Act is amended by adding the following after subsection (4):

(2) Section 16 of the Act is amended by adding the following after subsection (5):

485. Subsection 50(1) of the Act is replaced by the following:

50. (1) Subject to subsection (2), a copy of each regulation that is proposed to be made under subsection 7(1), section 7.1, subsection 16(5.1) or section 18, 24, 37, 47 or 47.1 shall be published in the Canada Gazette at least 90 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 90 days to make representations to the Minister with respect to the regulation.

Coming into Force

486. This Division comes into force on April 1, 2013.

Division 32

Canadian International Trade Tribunal Act

Amendments to the Act

487. Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:

3. (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson and not more than six other permanent members to be appointed by the Governor in Council.

488. Subsection 8(1) of the Act is replaced by the following:

8. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize a permanent member to act as Chairperson but no person is authorized to act as Chairperson for a period exceeding 60 days without the approval of the Governor in Council. A permanent member so authorized has and may exercise and perform all the powers, duties and functions of the Chairperson.

Coming into Force

489. This Division comes into force on February 1, 2014.

Division 33

International Centre for Human Rights and Democratic Development Act

Amendment to the Act

490. Subsection 31(1) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:

31. (1) The Chairman shall, within four months after the end of each fiscal year, transmit to the Minister a report containing the Centre’s financial statements for that fiscal year and the Auditor General’s report on them.

Interpretation

491. In this Division, “Board”, “Centre”, “Chairman”, “director”, “Minister” and “President” have the same meanings as in subsection 2(1) of the International Centre for Human Rights and Democratic Development Act.

Closing Out of Affairs

492. Sections 493 to 495 apply despite any provision of the International Centre for Human Rights and Democratic Development Act.

493. (1) The Board may consist of fewer than 13 directors.

(2) The Board is not permitted to appoint directors under subsection 10(2) of the International Centre for Human Rights and Democratic Development Act.

(3) Five directors constitute a quorum at any meeting of the Board.

(4) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

494. (1) The Centre is authorized to sell or otherwise dispose of all or substantially all of its assets and do everything necessary for or incidental to closing out its affairs.

(2) The Centre must apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.

(3) The Minister may give directions to the Centre to do anything that in his or her opinion is necessary

(a) in respect of the exercise of its powers under subsection 5(1) of the International Centre for Human Rights and Democratic Development Act; and

(b) to sell or otherwise dispose of all or substantially all of its assets, satisfy its debts and liabilities, manage its expenses or otherwise close out its affairs.

(4) The Centre must comply with the directions.

495. The President must transfer to the Department of Foreign Affairs and International Trade the following items, including any electronic versions of them:

(a) the books of account and other financial records, as well as any information that the Centre collected in order to produce them; and

(b) any studies that the Centre has under its control, and any other information that it has collected through research.

Transitional Provisions

496. Every reference to the Centre in a deed, contract or other document executed by the Centre in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada.

497. (1) Any surplus that remains after the satisfaction of the Centre’s debts and liabilities belongs to Her Majesty in right of Canada.

(2) Any of the Centre’s debts and liabilities that remain unsatisfied on the day on which this subsection comes into force become the debts and liabilities of Her Majesty in right of Canada.

498. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Centre may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Centre.

(2) Any action, suit or other legal proceeding to which the Centre is a party that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Centre.

499. After the closing out of the Centre’s affairs, its accounts and financial transactions shall be audited by the Auditor General of Canada, and a report of the audit shall be made to the Minister.

500. The Minister shall prepare a report, containing the Centre’s financial statements and the Auditor General’s report, within four months after this section comes into force, and shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.

Consequential Amendments

Access to Information Act

501. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

International Centre for Human Rights and Democratic Development

Privacy Act

502. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

International Centre for Human Rights and Democratic Development

Public Service Superannuation Act

503. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

International Centre for Human Rights and Democratic Development

Repeal

504. The International Centre for Human Rights and Democratic Development Act is repealed.

Coming into Force

505. Sections 496 to 504 come into force on a day to be fixed by order of the Governor in Council.

Division 34

Health of Animals Act

Amendments to the Act

506. The heading before section 22 of the Health of Animals Act is replaced by the following:

INFECTED PLACES AND CONTROL ZONES

507. Subsection 25(1) of the Act is replaced by the following:

25. (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

508. Sections 26 to 28 of the Act are replaced by the following:

26. A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

(a) the disease or toxic substance described in the declaration

(i) does not exist in, or will not spread from, the place or the part of the place, or

(ii) is not injurious to the health of persons or animals; or

27. (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

27.4 The Minister may take all reasonable measures that are consistent with public safety to remedy any dangerous condition or mitigate any danger to life, health, property or the environment that results, or may reasonably be expected to result, from the existence of a disease or toxic substance in a primary control zone.

27.5 The Minister may make regulations prohibiting or regulating the movement of persons or designated animals or things from, within or into a primary or secondary control zone for the purpose of controlling or eliminating a disease or toxic substance, in respect of which the primary control zone or a secondary control zone referred to in subsection 27.1(2) was declared, or preventing its spread.

(2) The Minister shall take any steps that may be reasonable in the circumstances to make the order or general permit accessible to persons likely to be affected by it.

509. Section 33 of the Act is replaced by the following:

33. (1) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5.

510. Section 53 of the Act is replaced by the following:

53. The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under paragraph 27.6(1)(a) or subsection 48(2), and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister.

511. (1) Subsection 61(1) of the Act is replaced by the following:

61. (1) Her Majesty may recover from any person mentioned in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to taking any measures under section 27.4.

(2) Subsection 61(2) of the English version of the Act is replaced by the following:

(2) The fees, charges and costs are recoverable from any persons who through their fault or negligence, or that of others for whom in law they are responsible, caused or contributed to the causation of the existence or spread of the disease or toxic substance in respect of which a primary control zone was declared.

512. (1) Paragraph 64(1)(h) of the French version of the Act is replaced by the following:

(2) Subsection 64(1) of the Act is amended by adding the following after paragraph (z.3):

513. The portion of subsection 65(1) of the French version of the Act before paragraph (a) is replaced by the following:

514. The portion of section 66 of the Act before paragraph (a) is replaced by the following:

66. Every person who fails to comply with a notice delivered to them under section 18, 25, 27.6, 37, 43 or 48 or the regulations is guilty of

Coming into Force

515. This Division comes into force on January 1, 2013 or, if it is later, on the day on which this Act receives royal assent.

Division 35

Canada School of Public Service Act

Amendments to the Act

516. The definitions “Board” and “public sector” in section 2 of the Canada School of Public Service Act are repealed.

517. The Act is amended by adding the following after section 3:

518. The heading before section 7 and sections 7 to 12 of the Act are repealed.

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

13. (1) The Governor in Council shall appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.

(2) The President is the School’s chief executive officer and has the management and control of it.

(3) In exercising his or her powers of management and control, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and developmental needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act.

(4) In the event of a vacancy in the office of President, the Minister may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed 90 days except with the Governor in Council’s approval.

520. Section 17 of the Act and the heading before it are repealed.

521. The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:

18. (1) The President may, with the Treasury Board’s approval, prescribe the fees or the manner of determining the fees

522. Subsections 19(1) to (3) of the Act are replaced by the following:

19. (1) The Minister shall, as soon as feasible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations of the School for that fiscal year.

(3) The President shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the School’s activities and organization.

Consequential Amendments to the Financial Administration Act

523. Part II of Schedule VI to the Financial Administration Act is amended by adding, in alphabetical order, in column I, a reference to

and a corresponding reference in column II to “President”.

524. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Canada School of Public Service

and the corresponding reference in column II to “President”.

Division 36

Bank Act

525. The Bank Act is amended by adding the following before the enacting clause:

Division 37

Corrections and Conditional Release Act

Amendments to the Act

526. Subsection 124(4) of the Corrections and Conditional Release Act is replaced by the following:

(4) If the Board exercises its power under subsection (3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.

527. Paragraph 140(1)(d) of the Act is replaced by the following:

(d) a review following a cancellation of parole; and

Transitional Provision

528. Paragraph 140(1)(d) of the Corrections and Conditional Release Act, as enacted by section 527, applies only in respect of a review of the case of an offender begun on or after the day on which this section comes into force.

Coordinating Amendments

529. (1) In this section, “other Act” means the Safe Streets and Communities Act.

(2) On the first day on which both subsection 89(4) of the other Act and section 527 of this Act are in force, the portion of subsection 135(5) of the English version of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:

(5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless, at the offender’s request, the review is adjourned by the Board or is postponed by a member of the Board or by a person designated by the Chairperson by name or position —

(3) On the first day on which both subsection 89(5) of the other Act and section 527 of this Act are in force, subsection 135(6.4) of the Corrections and Conditional Release Act is replaced by the following:

(6.4) If the Board exercises its power under subsection (6.3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.

Coming into Force

530. Sections 526 to 528 come into force on a day to be fixed by order of the Governor in Council.

Division 38

Coasting Trade Act

531. Subsection 3(2) of the Coasting Trade Act is amended by adding the following after paragraph (c):

Division 39

Status of the Artist Act

Amendments to the Act

532. (1) The definition “Tribunal” in section 5 of the Status of the Artist Act is repealed.

(2) Paragraph (b) of the definition “party” in section 5 of the Act is replaced by the following:

(b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint;

(3) Section 5 of the Act is amended by adding the following in alphabetical order:

“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.

533. Paragraph 9(3)(b) of the Act is replaced by the following:

(b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.

534. The headings before section 10 and sections 10 to 15 of the Act are replaced by the following:

535. (1) The portion of section 16 of the Act before paragraph (a) is replaced by the following:

16. The Board may make any regulations that it considers conducive to the performance of its duties under this Part, and in particular regulations providing for

(2) Paragraph 16(a) of the English version of the Act is replaced by the following:

(a) the practice and procedure before the Board, including the assessment and awarding of costs;

(3) Paragraphs 16(d) to (h) of the English version of the Act are replaced by the following:

(d) the period for submission by an artists’ association of a new application for certification, if the Board previously refused to certify the association in respect of the same or substantially the same sector;

(e) the period for submission of an application for revocation of the certification of an artists’ association, if the Board previously refused an application for revocation in respect of the same sector;

(f) the forms to be used in any proceeding that may come before the Board;

(g) the periods in which and the circumstances under which the Board may exercise its powers under section 20;

(h) the period and form in which evidence and information may be presented to the Board in connection with any proceeding before it;

(4) Paragraphs 16(k) and (l) of the English version of the Act are replaced by the following:

(k) the circumstances in which the Board may receive evidence in order to establish whether any artists wish to be represented by a particular artists’ association, and the circumstances in which that evidence may not be made public; and

(l) the delegation to any person of the Board’s powers and duties, other than the power to delegate or to make regulations, and that person’s obligations with respect to those powers and duties.

536. (1) The portion of section 17 of the Act before paragraph (a) is replaced by the following:

17. The Board may, in relation to any proceeding before it under this Part,

(2) Paragraph 17(a) of the English version of the Act is replaced by the following:

(a) on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction;

(3) Paragraph 17(d) of the English version of the Act is replaced by the following:

(d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification;

(4) Paragraphs 17(g) to (i) of the English version of the Act are replaced by the following:

(g) require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists;

(h) order, at any time before the conclusion of the proceeding, that

(i) a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and

(ii) the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board;

(i) authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it;

537. The portion of section 18 of the Act before paragraph (a) is replaced by the following:

18. The Board shall take into account

538. Sections 19 to 21 of the Act are replaced by the following:

19. (1) In any proceeding before it under this Part, the Board

(a) shall proceed as informally and expeditiously as the circumstances and considerations of fairness permit;

(b) is not bound by legal or technical rules of evidence; and

(c) may receive and decide on any evidence adduced that the Board believes to be credible.

(2) In order to ensure that the purpose of this Part is achieved, the members of the Board may consult with other members or the Board’s staff in respect of any matter before it.

(3) Any interested person may intervene in a proceeding before the Board with its permission, and anyone appearing before the Board may be represented by counsel or an agent or mandatary.

(4) The Board may take notice of facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information that is within its specialized knowledge.

(5) The Board shall notify the parties and any intervenor in the proceeding before it of its intention to take notice of any facts or information, other than facts that may be judicially noticed, and afford them an opportunity to make representations in that regard.

(6) The Chairperson of the Board may direct any member to receive evidence relating to a matter before the Board, to make a report on it to the Board, and to provide a copy of the report to all parties and any intervenor in the proceeding.

(7) After granting all parties and intervenors an opportunity to make representations on any report made under subsection (6), the Board may make a determination on the basis of the report or hold any further hearings that it considers necessary in the circumstances.

20. (1) The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision.

(2) When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues.

Review and Enforcement of Determinations and Orders

21. (1) Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

(2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.

539. Subsections 22(1) and (2) of the Act are replaced by the following:

22. (1) On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it.

(2) If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding.

540. Subsection 24(2) of the Act is replaced by the following:

(2) In addition to any other information that the Board may require, an association of producers shall file its membership list with the Board, keep the list up to date and send a copy of it to every certified artists’ association to which it has issued, or from which it has received, a notice to bargain under section 31.

541. Sections 25 to 27 of the Act are replaced by the following:

25. (1) An artists’ association may, if duly authorized by its members, apply to the Board in writing for certification in respect of one or more sectors

(a) at any time, in respect of a sector for which no artists’ association is certified and no other application for certification is pending before the Board;

(b) in the three months immediately before the date that the certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector; or

(c) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification, if no scale agreement is in force in respect of the sector.

(2) An application for certification must include the membership list of the artists’ association, a certified copy of its by-laws and any other information required by the Board.

(3) The Board shall give public notice of any application for certification in respect of any sector without delay, indicating any period in which another application may be made by any other artists’ association, despite subsection (1), for certification in respect of that sector or any part of it.

(4) No application for certification in respect of a sector may be made, except with the Board’s consent, after the expiry of the period indicated in any public notice given under subsection (3).

Determination of Sector and Representativeness of an Association

26. (1) After the application period referred to in subsection 25(3) has expired, the Board shall determine the sector or sectors that are suitable for bargaining, taking into account

(a) the common interests of the artists in respect of whom the application was made;

(b) the history of professional relations among those artists, their associations and producers concerning bargaining, scale agreements and any other agreements respecting the terms of engagement of artists; and

(c) any geographic and linguistic criteria that the Board considers relevant.

(2) Despite subsection 19(3), only the artists in respect of whom the application was made, artists’ associations and producers may intervene as of right on the issue of determining the sector that is suitable for bargaining.

(3) The Board shall give the artists’ association concerned and any intervenors notice of its determination under subsection (1) without delay, and that determination is deemed to be interlocutory, despite section 21.

27. (1) After determining the sector under subsection 26(1), the Board shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Board considers appropriate.

(2) Despite subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association.

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

28. (1) If the Board is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Board shall certify the association.

(2) Subsection 28(2) of the English version of the Act is replaced by the following:

(2) Certification is valid for a period of three years after the date that the Board issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods.

(3) Subsection 28(3) of the French version of the Act is replaced by the following:

(4) Subsection 28(4) of the Act is replaced by the following:

(4) The Board shall keep a register of all issued certificates and of their dates of issue.

543. (1) The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:

29. (1) An artist in a sector may apply to the Board for an order revoking an association’s certification in respect of that sector

(2) Subparagraphs 29(1)(b)(i) and (ii) of the Act are replaced by the following:

(i) in the three months immediately before the date that the association’s certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector, or

(ii) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification of the association, if no scale agreement is in force.

(3) Subsections 29(2) to (4) of the Act are replaced by the following:

(2) The Board may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) if the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Board may specify.

(3) Revocation of certification is effective as of the date of the Board’s determination to revoke it or, if an association fails to adopt by-laws within a period specified by the Board under subsection (2), on the expiry of that period.

(4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify.

544. Subsection 30(2) of the Act is replaced by the following:

(2) On application by an artists’ association affected by a merger, amalgamation or transfer of jurisdiction, the Board shall determine the rights, privileges and duties that the association has acquired under this Part or under a scale agreement as a result of the transaction.

545. (1) Subsection 33(1) of the Act is replaced by the following:

33. (1) For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3).

(2) Subsection 33(5) of the Act is replaced by the following:

(5) The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract.

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

34. On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association.

547. Subsection 37(2) of the Act is replaced by the following:

(2) No order shall be made or proceeding taken in any court, by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any proceedings under this Part.

548. Subsection 39(1) of the Act is replaced by the following:

39. (1) An arbitrator or arbitration board has, in relation to any proceeding before the arbitrator or the board, the powers conferred on the Board under paragraphs 17(a) to (c) and the power to determine whether any matter referred to the arbitrator or the board is arbitrable.

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

40. (1) The arbitrator or arbitration board shall decide the procedure for hearings, and the parties shall be given the opportunity to present evidence and make submissions and may be represented by counsel or an agent or mandatary.

550. Section 41 of the Act is replaced by the following:

41. (1) An arbitrator or arbitration board shall refer to the Board for hearing and determination any question that arises in a matter before it as to the existence of a scale agreement, the identification of the parties to it or the application of the agreement to a particular sector or artist.

(2) Referral of a question to the Board under subsection (1) does not suspend the proceeding before the arbitrator or arbitration board, unless the Board so orders or the arbitrator or arbitration board decides that the nature of the question warrants suspension of the proceeding.

551. (1) Subsection 47(1) of the Act is replaced by the following:

47. (1) If a producer alleges that an artists’ association has authorized or applied pressure tactics, or that artists have participated, are participating or are likely to participate in pressure tactics, as a result of which an artist was, is or would be in contravention of this Part, the producer may apply to the Board for a declaration that the pressure tactics are unlawful.

(2) The portion of subsection 47(2) of the Act before paragraph (a) is replaced by the following:

(2) If an application is made under subsection (1), the Board may, after affording the artists and the artists’ association an opportunity to be heard, declare the pressure tactics to be unlawful and, if the producer so requests, make an order

552. The portion of section 48 of the Act before paragraph (a) is replaced by the following:

48. If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order

553. Section 49 of the Act is replaced by the following:

49. (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order.

(2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for any period that is indicated in the supplementary order, or may revoke the order.

554. Paragraph 50(f) of the Act is replaced by the following:

(f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector.

555. Paragraphs 51(a) and (b) of the Act are replaced by the following:

(a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector;

(b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2);

556. (1) The portion of subsection 53(1) of the Act before paragraph (a) is replaced by the following:

53. (1) Any person or organization may make a complaint in writing to the Board that

(2) Subsection 53(2) of the Act is replaced by the following:

(2) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.

(3) The portion of subsection 53(3) of the Act before paragraph (a) is replaced by the following:

(3) The Board shall hear the complaint unless the Board is of the opinion that it

(4) Paragraph 53(3)(b) of the English version of the Act is replaced by the following:

(b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement.

(5) Subsection 53(4) of the Act is replaced by the following:

(4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or a member of the Board’s staff, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint.

557. (1) The portion of subsection 54(1) of the Act before paragraph (a) is replaced by the following:

54. (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may

(2) Paragraphs 54(1)(a) and (b) of the English version of the Act are replaced by the following:

(a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist, in the Board’s opinion, under the scale agreement or the artist’s contract;

(b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, in the Board’s opinion, it was the duty of the association to pursue;

(3) Subparagraphs 54(1)(c)(ii) and (iii) of the English version of the Act are replaced by the following:

(ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist, in the Board’s opinion, under the scale agreement or the contract, and

(iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

(4) Paragraph 54(1)(d) of the English version of the Act is replaced by the following:

(d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

(5) Paragraph 54(1)(f) of the English version of the Act is replaced by the following:

(f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opin-ion, of the artist’s actual loss or of any financial or other penalty.

(6) Subsection 54(2) of the Act is replaced by the following:

(2) In order to ensure that the purpose of this Part is achieved, the Board may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or non-compliance with a provision referred to in that subsection.

558. Section 56 of the English version of the Act is replaced by the following:

56. On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16.

559. Paragraph 57(3)(d) of the Act is replaced by the following:

(d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board

560. Section 59 of the Act is replaced by the following:

59. No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board.

561. Subsection 60(1) of the Act is replaced by the following:

60. (1) Any document purporting to contain or to be a copy of a determination of the Board and to be signed by one of its members is admissible in evidence in any court without proof of the signature or official character of the member or any further proof.

562. Section 61 of the Act and the heading before it are repealed.

563. Sections 64 to 67 of the Act are replaced by the following:

64. A person who is summoned by the Board and attends as a witness in any proceeding taken under this Part is entitled to be paid the allowance for expenses and the witness fees that are in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is taken.

65. No member or employee of the Board or any person appointed by it or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, respecting information obtained in the discharge of his or her duties under this Part.

Transitional Provisions

564. The following definitions apply in sections 565 to 570.

“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.

“Tribunal” means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section.

565. (1) Members of the Tribunal cease to hold office on the coming into force of this subsection.

(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

566. Every proceeding commenced under the Status of the Artist Act before the coming into force of this section is to be taken up and continued under and in conformity with that Act, as it is amended by this Act.

567. The Board may uphold, rescind or amend any determination or order made by the Tribunal.

568. (1) Any power or duty that is vested in or is exercisable by the Tribunal under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the Board.

(2) Every reference to the Tribunal in any contract, lease, licence, deed, agreement or other document executed by the Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the Board.

569. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.

570. Any action, suit or other legal proceeding to which the Tribunal is a party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.

Consequential Amendments

Access to Information Act

571. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian Artists and Producers Professional Relations Tribunal

Federal Courts Act

572. Paragraph 28(1)(p) of the Federal Courts Act is repealed.

Financial Administration Act

573. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Canadian Artists and Producers Professional Relations Tribunal

and the corresponding reference in column II to “Minister of Labour”.

574. Schedule IV to the Act is amended by striking out the following:

Canadian Artists and Producers Professional Relations Tribunal

575. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Canadian Artists and Producers Professional Relations Tribunal

and the corresponding reference in column II to “Chairperson”.