Bill C-45

TRANSITIONAL PROVISIONS WITH RESPECT TO EXECUTIVE DIRECTORS

1. Upon the entry into force of this Schedule:

(a) Each Executive Director who was appointed pursuant to former Article XII, Sections 3(b)(i) or 3(c), and was in office immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by the member who appointed him; and

(b) Each Executive Director who cast the number of votes of a member pursuant to former Article XII, Section 3(i)(ii) immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by such a member.

191. Paragraph 1(b) of Schedule L of Schedule I to the Act is replaced by the following:

(b) appoint a Governor or Alternate Governor, appoint or participate in the appointment of a Councillor or Alternate Councillor, or elect or participate in the election of an Executive Director.

192. The portion of paragraph 3(c) of Schedule L of Schedule I to the Act before subparagraph (i) is replaced by the following:

(c) The Executive Director elected by the member, or in whose election the member has participated, shall cease to hold office, unless such Executive Director was entitled to cast the number of votes allotted to other members whose voting rights have not been suspended. In the latter case:

Division 7

Canada Pension Plan

Amendments to the Act

193. The definition “contributor” in subsection 2(1) of the Canada Pension Plan is replaced by the following:

“contributor” means a person who has made an employee’s contribution or a contribution in respect of the person’s self-employed earnings, and includes a person the amount of whose earnings on which a contribution has been made for a year under this Act calculated as provided in subparagraph 53(1)(b)(i) exceeds zero and a person to whom unadjusted pensionable earnings have been attributed under section 55, 55.1 or 55.2;

194. Subsection 42(1) of the Act is amended by adding the following in alphabetical order:

“substantially gainful”, in respect of an occupation, has the meaning that may be prescribed;

195. (1) The portion of paragraph 44(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) a contributor shall be considered to have made contributions for not less than the minimum qualifying period only if the contributor has made contributions during the contributor’s contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),

(2) Section 44 of the Act is amended by adding the following after subsection (2.1):

(2.2) A contributor referred to in subparagraph (1)(b)(ii) is deemed to have made contributions for not less than the minimum qualifying period for the purposes of subparagraph (1)(b)(i) if

(a) they became disabled in a month in which they were a family allowance recipient;

(b) in the year in which they became disabled

(i) the child in respect of which they were a family allowance recipient reached seven years of age, and

(ii) their unadjusted pensionable earnings were less than their basic exemption, calculated without regard to subsection 20(2); and

(c) in the absence of this subsection, a disability pension would not be payable to them, but had they become disabled in the year immediately before the year in which they became disabled, a disability pension would have been payable to them under subparagraph (1)(b)(ii).

(3) The portion of subsection 44(3) of the Act before paragraph (a) is replaced by the following:

(3) For the purposes of paragraphs (1)(c), (d) and (f), a contributor shall be considered to have made contributions for not less than the minimum qualifying period only if the contributor has made contributions during the contributor’s contributory period

196. (1) Paragraph 48(3)(b) of the Act is replaced by the following:

(b) from the contributor’s total pensionable earnings remaining after the deduction under paragraph (2)(b), the aggregate of the contributor’s pensionable earnings for a number of months equal to the number of months deducted under paragraph (a), for which months that aggregate is less than — or, if not less than, then equal to — the aggregate of the contributor’s pensionable earnings for any other like number of months in the contributor’s contributory period other than for months for which a deduction has already been made under subsection (2).

(2) Paragraph 48(4)(b) of the Act is replaced by the following:

(b) from the contributor’s total pensionable earnings remaining after making any deduction under subsection (2) or (3), the aggregate of the contributor’s pensionable earnings for a number of months equal to the number of months deducted under paragraph (a), for which months that aggregate is less than — or, if not less than, then equal to — the contributor’s aggregate pensionable earnings for any like number of months in the contributor’s contributory period other than for months for which a deduction has already been made under subsection (2) or (3).

197. (1) Subsection 55(1) of the Act is replaced by the following:

55. (1) Subject to this section, subsections 55.2(2), (3) and (4) and section 55.3, an application for a division of the unadjusted pensionable earnings of former spouses may be made in writing to the Minister by or on behalf of either former spouse, by the estate or succession of either former spouse or by any person that may be prescribed, within 36 months or, if both former spouses agree in writing, at any time after the date of a judgment granting a divorce or of a judgment of nullity of the marriage, rendered on or after January 1, 1978 and before January 1, 1987.

(2) Paragraph 55(2)(b) of the Act is replaced by the following:

(b) the marriage is deemed to have been solemnized or nullified or a divorce is deemed to have been made final on the last day of the year preceding the registered date of the marriage or the judgment of nullity or the effective date of the judgment granting a divorce; and

198. Paragraph 55.1(1)(a) of the Act is replaced by the following:

(a) in the case of spouses, following a judgment granting a divorce or a judgment of nullity of the marriage, on the Minister’s being informed of the judgment and receiving the prescribed information;

199. Paragraph 55.11(a) of the Act is replaced by the following:

(a) in respect of judgments granting a divorce and judgments of nullity of a marriage, rendered on or after January 1, 1987;

200. (1) Subparagraph 55.2(3)(c)(ii) of the Act is replaced by the following:

(ii) in the case of a division under paragraph 55.1(1)(a), before the rendering of the judgment granting a divorce or the judgment of nullity of the marriage, as the case may be, and

(2) Subsection 55.2(4) of the Act is replaced by the following:

(4) The Minister shall, without delay after being informed of a judgment granting a divorce or a judgment of nullity of a marriage or after receiving an application under section 55 or paragraph 55.1(1)(b) or (c), notify each of the persons subject to the division, in the prescribed manner, of the periods of unadjusted pensionable earnings to be divided, and of any other information that the Minister considers necessary.

201. (1) Paragraph 78(a) of the Act is replaced by the following:

(a) the contributor’s earnings on which a contribution has been made for the year under this Act, calculated as provided in subparagraph 53(1)(b)(i),

(2) Paragraph 78(b) of the Act is replaced by the following:

(b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(1)(b)(ii).

202. Subsection 84(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):

(g) whether a penalty should be imposed under this Part, or

(h) the amount of that penalty,

203. Subsection 115(2) of the Act is replaced by the following:

(2) In addition to any report required under subsection (1) and in accordance with a request of the Minister of Finance, whenever any Bill is introduced in the House of Commons to amend this Act in a manner that would in the opinion of the Chief Actuary materially affect any of the estimates contained in the most recent report made under that subsection, the Chief Actuary shall prepare a report as set out in subsection (3).

(3) A report that is prepared under subsection (2) in respect of a Bill shall set out the extent to which the Bill would, if enacted by Parliament, materially affect any of the estimates contained in the most recent report made under subsection (1), using the same actuarial assumptions and basis that were used in that report and using, in addition, other actuarial assumptions and another basis if the Chief Actuary is of the opinion that these other actuarial assumptions and the other basis more accurately reflect a change in demographic or economic circumstances since the most recent report made under subsection (1) was prepared.

Related Amendment to the Department of Human Resources and Skills Development Act

204. Subsection 64(2) of the Department of Human Resources and Skills Development Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) whether a penalty should be imposed under Part II of that Act or its amount.

Coming into Force

205. (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.

(2) Sections 195 and 196 come into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day or days to be fixed by order of the Governor in Council.

Division 8

Indian Act

Amendments to the Act

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

(2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.

207. (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:

39. (1) An absolute surrender is void unless

(2) Subparagraph 39(1)(b)(ii) of the Act is replaced by the following:

(ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or

(3) Subsections 39(2) and (3) of the Act are replaced by the following:

(2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.

(3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.

208. Section 40 of the Act is replaced by the following:

39.1 A designation is valid if it is made to Her Majesty, is assented to by a majority of the electors of the band voting at a referendum held in accordance with the regulations, is recommended to the Minister by the council of the band and is accepted by the Minister.

40. A proposed absolute surrender that is assented to by the band in accordance with section 39 shall be certified on oath by the superintendent or other officer who attended the meeting and by the chief or a member of the council of the band and then submitted to the Governor in Council for acceptance or refusal.

40.1 (1) A proposed designation that is assented to in accordance with section 39.1 shall be certified on oath by an officer of the Department and by the chief or a member of the council of the band.

(2) On the recommendation of the council of the band, the proposed designation shall be submitted to the Minister who may accept or reject it.

Coming into Force

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

Division 9

Judges Act

210. Sections 9 to 22 of the Judges Act are replaced by the following:

9. The yearly salaries of the judges of the Supreme Court of Canada are as follows:

(a) the Chief Justice of Canada, $370,300; and

(b) the eight puisne judges, $342,800 each.

10. The yearly salaries of the judges of the Federal Courts are as follows:

(a) the Chief Justice of the Federal Court of Appeal, $315,900;

(b) the other judges of the Federal Court of Appeal, $288,100 each;

(c) the Chief Justice of the Federal Court, $315,900; and

(d) the other judges of the Federal Court, $288,100 each.

11. The yearly salaries of the judges of the Tax Court of Canada are as follows:

(a) the Chief Justice, $315,900;

(b) the Associate Chief Justice, $315,900; and

(c) the other judges, $288,100 each.

12. The yearly salaries of the judges of the Court of Appeal for Ontario and of the Superior Court of Justice in and for the Province of Ontario are as follows:

(a) the Chief Justice and the Associate Chief Justice of Ontario, $315,900 each;

(b) the 14 Justices of Appeal, $288,100 each;

(c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $315,900 each; and

(d) the 192 other judges of the Superior Court of Justice, $288,100 each.

13. The yearly salaries of the judges of the Court of Appeal and of the Superior Court in and for the Province of Quebec are as follows:

(a) the Chief Justice of Quebec, $315,900;

(b) the 18 puisne judges of the Court of Appeal, $288,100 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $315,900 each; and

(d) the 140 puisne judges of the Superior Court, $288,100 each.

14. The yearly salaries of the judges of the Nova Scotia Court of Appeal and the Supreme Court of Nova Scotia are as follows:

(a) the Chief Justice of Nova Scotia, $315,900;

(b) the seven other judges of the Court of Appeal, $288,100 each;

(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $315,900 each; and

(d) the 23 other judges of the Supreme Court, $288,100 each.

15. The yearly salaries of the judges of the Court of Appeal of New Brunswick and of the Court of Queen’s Bench of New Brunswick are as follows:

(a) the Chief Justice of New Brunswick, $315,900;

(b) the five other judges of the Court of Appeal, $288,100 each;

(c) the Chief Justice of the Court of Queen’s Bench, $315,900; and

(d) the 21 other judges of the Court of Queen’s Bench, $288,100 each.

16. The yearly salaries of the judges of the Court of Appeal for Manitoba and of Her Majesty’s Court of Queen’s Bench for Manitoba are as follows:

(a) the Chief Justice of Manitoba, $315,900;

(b) the six Judges of Appeal, $288,100 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $315,900 each; and

(d) the 31 puisne judges of the Court of Queen’s Bench, $288,100 each.

17. The yearly salaries of the judges of the Court of Appeal for British Columbia and of the Supreme Court of British Columbia are as follows:

(a) the Chief Justice of British Columbia, $315,900;

(b) the 12 Justices of Appeal, $288,100 each;

(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $315,900 each; and

(d) the 81 other judges of the Supreme Court, $288,100 each.

18. The yearly salaries of the judges of the Supreme Court of Prince Edward Island are as follows:

(a) the Chief Justice of Prince Edward Island, $315,900;

(b) the two other judges of the Appeal Division, $288,100 each;

(c) the Chief Justice of the Trial Division, $315,900; and

(d) the three other judges of the Trial Division, $288,100 each.

19. The yearly salaries of the judges of the Court of Appeal for Saskatchewan and of Her Majesty’s Court of Queen’s Bench for Saskatchewan are as follows:

(a) the Chief Justice of Saskatchewan, $315,900;

(b) the six Judges of Appeal, $288,100 each;

(c) the Chief Justice of the Court of Queen’s Bench, $315,900; and

(d) the 29 other judges of the Court of Queen’s Bench, $288,100 each.

20. The yearly salaries of the judges of the Court of Appeal of Alberta and of the Court of Queen’s Bench of Alberta are as follows:

(a) the Chief Justice of Alberta, $315,900;

(b) the 10 Justices of Appeal, $288,100 each;

(c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $315,900 each; and

(d) the 55 other Justices of the Court of Queen’s Bench, $288,100 each.

21. The yearly salaries of the judges of the Supreme Court of Newfoundland and Labrador are as follows:

(a) the Chief Justice of Newfoundland and Labrador, $315,900;

(b) the five Judges of Appeal, $288,100 each;

(c) the Chief Justice of the Trial Division, $315,900; and

(d) the 18 other judges of the Trial Division, $288,100 each.

22. (1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

(a) the senior judge, $315,900; and

(b) the other judge, $288,100.

(2) The yearly salaries of the judges of the Supreme Court of the Northwest Territories are as follows:

(a) the senior judge, $315,900; and

(b) the two other judges, $288,100 each.

(2.1) The yearly salaries of the judges of the Nunavut Court of Justice are as follows:

(a) the senior judge, $315,900; and

(b) the four other judges, $288,100 each.

(3) In this section, “senior judge” means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

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

25. (1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve month period commencing April 1, 2012.

(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

(2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2013, and for each subsequent twelve month period, shall be the amount obtained by multiplying

212. (1) Subsection 26(2) of the Act is replaced by the following:

(2) The Commission shall commence an inquiry on October 1, 2015, and on October 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

(2) Subsection 26(7) of the Act is replaced by the following:

(7) The Minister of Justice shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.

213. (1) Paragraph 27(6)(g) of the Act is replaced by the following:

(g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $5,000.

(2) The definition “senior judge” in subsection 27(9) of the Act is replaced by the following:

“senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

214. (1) Subsection 29(4) of the English version of the Act is replaced by the following:

(4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice, associate chief justice or senior judge.

(2) Subsection 29(6) of the Act is replaced by the following:

(6) In this section, “senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection (1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

215. The heading before section 31 of the Act is replaced by the following:

Chief Justice or Senior Judge Continuing as Judge

216. The Act is amended by adding the following after section 32:

32.1 (1) If the senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of senior judge and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the senior judge, of that court and shall be paid the salary annexed to the office of a judge, other than the senior judge, of the applicable court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.

(2) The senior judge may make the election referred to in subsection (1) only if he or she has continued in that position for at least five years.

(3) The senior judge who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the senior judge, of the applicable court.

(4) The salary of a senior judge who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of the applicable court, other than the senior judge.

217. Subsections 43(1) and (2) of the Act are replaced by the following:

43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

(2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position held by him or her immediately before his or her election.

218. Subsection 54(4) of the Act is replaced by the following:

(4) In this section, “senior judge”, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.

Division 10

Canada Labour Code

Amendments to the Act

219. (1) The portion of section 188 of the Canada Labour Code before paragraph (a) is replaced by the following:

188. When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed

(2) Paragraph 188(b) of the English version of the Act is replaced by the following:

(b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to the employee.

220. Section 191 of the Act is replaced by the following:

191. The following definitions apply in this Division.

“employed in a continuous operation” means, in respect of an employee, employment in

(a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

(b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;

(c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

(d) any operation or service normally carried on without regard to Sundays or general holidays.

“holiday pay” means pay calculated in accord-ance with section 196.

“holiday with pay” means a holiday for which an employee is entitled to holiday pay.

221. Sections 196 to 198 of the Act are replaced by the following:

196. (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.

(2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.

(3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.

(4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday

(a) on which they do not report for work after having been called to work on that day; or

(b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed

(i) require them to be available, or

(ii) allow them to make themselves unavailable.

(5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.

197. (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.

(2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall

(a) be paid in accordance with subsection (1);

(b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or

(c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.

(3) If an employee who is not entitled to holiday pay under subsection 196(3) is required to work on a general holiday, they shall be paid at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day unless they are employed in a continuous operation, in which case they are entitled to their regular rate of wages for the time that they work on that day.

222. Sections 199 to 202 of the Act are replaced by the following:

199. Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.

200. Holiday pay granted to an employee is for all purposes deemed to be wages.

201. Section 189 applies for the purposes of this Division.

223. The Act is amended by adding the following after section 251:

Complaints

251.01 (1) Any employee may make a complaint in writing to an inspector if they believe that the employer has contravened

(a) any provision of this Part or of the regulations made under this Part; or

(b) any order.

(2) A complaint under subsection (1) shall be made within the following period

(a) in the case of a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, six months from the last day on which the employer was required to pay those wages or other amounts under this Part; and

(b) in the case of any other complaint, six months from the day on which the subject-matter of the complaint arose.

(3) The Minister may, subject to the regulations, extend the period set out in subsection (2)

(a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;

(b) in any circumstances prescribed by regulation; or

(c) in the conditions prescribed by regulation.

(4) An employee is not permitted to make a complaint under subsection (1) if the complaint is that the employee has been dismissed and considers the dismissal to be unjust.

(5) For greater certainty, a complaint is not permitted under this section if it relates to a disagreement whose settlement is governed exclusively by a collective agreement under subsection 168(1.1).

251.02 (1) If satisfied that the employee must take measures before the complaint may be dealt with, an inspector may suspend consideration of the complaint made under section 251.01, in whole or in part.

(2) If the inspector suspends a complaint, the inspector must notify the employee in writing and specify in the notice

(a) the measures that the employee must take; and

(b) the period of time within which the employee must take those measures.

(3) The inspector may, upon request, extend the time period specified in the notice.

(4) The suspension ends when, in the inspector’s opinion, the measures specified in the notice have been taken.

251.03 After receipt of a complaint, an inspector may assist the parties to the complaint to settle the complaint or cause another inspector to do so.

251.04 (1) If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or other amounts to be paid, the employer may pay those amounts to the employee or to the Minister.

(2) If an employer pays the amounts to the Minister, the Minister shall, without delay after receiving them, pay them over to the employee who is entitled to the amounts.

(3) No prosecution for failure to pay an employee the wages or other amounts that were the subject of the complaint may without the written consent of the Minister be instituted against an employer if the employer has paid the amount of wages or other amounts referred to in subsection (1) to the employee or the Minister.

251.05 (1) An inspector may reject a complaint made under section 251.01, in whole or in part,

(a) if the inspector is satisfied

(i) that the complaint is not within their jurisdiction,

(ii) that the complaint is frivolous, vexatious or not made in good faith,

(iii) that the complaint has been settled,

(iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the inspector considers should be pursued,

(v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,

(vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or

(vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process; or

(b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the inspector’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.

(2) If a complaint has been rejected, the inspector shall notify the employee in writing, with reasons.

(3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Minister review the inspector’s decision.

(4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.

(5) The Minister shall notify the employee in writing of the Minister’s decision.

(6) The Minister’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.

224. Subsection 251.1(2) of the Act is replaced by the following:

(1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding

(a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 12 months before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 12 months before the date of termination; and

(b) in any other case, the 12 months before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.

(1.2) In respect of unpaid vacation pay, a reference to a period of 12 months in subsection (1.1) shall be read as a reference to a period of 24 months.

(2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months set out in paragraph 251.01(2)(a) or for the extended period provided for in subsection 251.01(3).

225. Section 251.11 of the Act is replaced by the following:

251.101 (1) A person who is affected by a payment order or a notice of unfounded complaint may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.

(2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Minister the amount indicated in the payment order, subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

(3) On receipt of the request for review, the Minister may, in writing, confirm, rescind or vary, in whole or in part, the payment order or the notice of unfounded complaint and, if the Minister rescinds the notice, the Minister shall direct an inspector to re-examine the complaint.

(4) Service of a decision made under subsection (3) shall be made to the persons who are affected by the payment order or by the notice of unfounded complaint, by personal service or by registered or certified mail and, in the case of registered or certified mail, the decision is deemed to have been received by the addressee on the seventh day after the day on which it is mailed.

(5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered or certified mail to the person to whom it was addressed, accompanied by an identifying post office certificate of the registration or certification and a true copy of the decision, is admissible in evidence and is proof of the statements contained in it, without proof of the signature or official character of the person appearing to have signed the certificate.

(6) Subject to the right of appeal under section 251.11, the decision made under subsection (3) is final and conclusive and is not subject to appeal to or review by any court.

(7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform the persons affected by the payment order or by the notice of unfounded complaint, and the request for review shall be considered to be an appeal for the purposes of section 251.12.

251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint, may appeal the decision to the Minister, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.

(2) The request for appeal shall contain a statement of the grounds of appeal.

(3) An employer or director of a corporation is not permitted to appeal from a decision unless the employer or director pays to the Minister

(a) if no amount was paid under subsection 251.101(2), the amount indicated in the payment order or, if the decision varied that amount, the amount indicated in the decision; and

(b) if an amount was paid under subsection 251.101(2) that is less than the amount indicated in the decision, the amount equal to the difference between the two amounts.

(4) In the case of a director, subsection (3) applies subject to the maximum amount of the director’s liability under section 251.18.

226. (1) Subsection 251.12(1) of the Act is replaced by the following:

251.12 (1) The Minister shall appoint any person that the Minister considers appropriate as a referee to hear and adjudicate an appeal and shall provide that person with the decision being appealed and either the request for appeal or, if subsection 251.101(7) applies, the request for review submitted under subsection 251.101(1).

(2) Paragraph 251.12(4)(a) of the Act is replaced by the following:

(a) confirm, rescind or vary, in whole or in part, the decision being appealed;

227. Subsection 251.14(1) of the Act is replaced by the following:

251.14 (1) If the Minister receives moneys under this Division, the Minister shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any other special account created for the purposes of this section and may authorize payments out of that account to any employee or other person who is entitled to that money.

228. Subsection 251.15(1) of the Act is replaced by the following:

251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by a referee’s order made under subsection 251.12(4), or the Minister on the request of any such person, may, after the day provided in the order for compliance or after 15 days following the day on which the order is made, confirmed or varied, whichever is the later, file in the Federal Court a copy of the payment order, or a copy of the referee’s order exclusive of the reasons.

(1.1) However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if a referee’s order is made under paragraph 251.12(4)(a) relating to the payment order.

229. Section 264 of the Act is amended by striking out “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(j.1) prescribing the circumstances and conditions for the purposes of subsection 251.01(3); and

Transitional Provisions

230. The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies

(a) to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day;

(b) to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and

(c) to payment orders issued under subsection 251.1(1) of that Act

(i) before that day, and

(ii) on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).

231. The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.

Coming into Force

232. (1) Section 219 comes into force on a day to be fixed by order of the Governor in Council.

(2) Sections 220 to 222 come into force on a day to be fixed by order of the Governor in Council.

(3) Sections 223, 224, 229 and 230 come into force on a day to be fixed by order of the Governor in Council.

(4) Sections 225 to 228 and 231 come into force on a day to be fixed by order of the Governor in Council.

Division 11

Merchant Seamen Compensation Act

Amendments to the Act

233. The definition “Board” in subsection 2(1) of the Merchant Seamen Compensation Act is repealed.

234. The heading before section 3 and sections 3 and 4 of the Act are repealed.

235. Subsections 6(2) and (3) of the Act are replaced by the following:

(2) Notice of an election under subsection (1) shall be given to the Minister within three months after the happening of an accident or, if an accident results in death, within three months after the death or within any longer period that, either before or after the expiry of the three months, the Minister may allow.

(3) No compensation is payable in respect of any accident mentioned in subsection (1) unless the seaman or their dependants submit to the Minister, in a form approved by the Minister, a waiver of all claims for compensation under the foreign law referred to in that subsection.

236. Sections 9 and 10 of the Act are replaced by the following:

9. Except with the Minister’s approval, the amount of compensation payable under this Act is not subject to any deduction or abatement by reason of, on account of or in respect of any matter or thing whatever except in respect of any sums of money that have been paid by the employer to a seaman on account of an injury received by the seaman, which sum or sums shall be deducted from the amount of the compensation.

10. Except with the Minister’s approval, the amount of compensation payable under this Act is not capable of being assigned, charged or attached and shall not pass to any other person by operation of law nor shall any claim be set off against it, including, in Quebec, by way of compensation.

237. Section 11 of the French version of the Act is replaced by the following:

238. Section 12 of the Act is replaced by the following:

12. No action lies for the recovery of compensation payable under this Act, but all claims for compensation shall be heard and determined by the Minister.

239. Sections 14 to 20 of the Act are replaced by the following:

14. Any party to an action may apply to the Minister for adjudication and determination of the question of the plaintiff’s right to compensation under this Act, or whether the right to bring the action is taken away by this Act.

15. The Minister has exclusive jurisdiction to examine, hear and determine all matters and questions arising under this Act and with respect to any matter or thing in respect of which any power, authority or discretion is conferred on him or her.

16. The Minister may reconsider any matter that has been dealt with by him or her or rescind or amend any decision or order previously made.

17. In any matter arising under this Act, the Minister has the power to require the production of any information that he or she considers necessary.

19. The Minister’s decisions and findings are final and conclusive.

20. The Minister may award any sum that he or she considers reasonable to the successful party to a contested claim for compensation or to any other contested matter as compensation for the expenses that the party incurred by reason of or incidental to the contest. An order of the Minister for the payment by any employer of any sum so awarded when filed in the manner provided by section 21 becomes a judgment of the court in which it is filed and may be enforced accordingly.

240. The portion of section 21 of the Act before paragraph (a) is replaced by the following:

21. An order of the Minister for the payment of compensation by an employer or any other order of the Minister for the payment of money under this Act, or a copy of the order that is certified to be a true copy by a person who is duly authorized by the Minister, may be filed with

241. Section 23 of the Act is replaced by the following:

23. Despite section 22, compensation or a sum in lieu of compensation may be awarded to any seaman who is not a resident of Canada or to any non-resident dependant, as the Minister considers appropriate, but the compensation or sum shall not in any case exceed the amount of compensation provided for under this Act.

242. Subsection 24(4) of the Act is replaced by the following:

(4) Notice of the election referred to in subsection (3) shall be given to the employer within three months after the happening of an accident or, if an accident results in death, within three months after the death or within any longer period that, either before or after the expiry of the three months, the Minister may allow.

243. Subsection 25(4) of the Act is replaced by the following:

(4) Failure to give the prescribed notice or to make the claim referred to in subsection (1), or any defect or inaccuracy in a notice, does not bar the right to compensation if the Minister considers that the employer was not prejudiced by it or it appears that the claim for compensation is a just one and ought to be allowed.

244. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

26. (1) Subject to subsection (2), every employer shall, within 30 days after the happening of an accident to a seaman in its employment by which the seaman is disabled from performing their duties or that necessitates medical aid, notify the Minister in writing of

(2) The portion of subsection 26(1) of the Act after paragraph (e) is replaced by the following:

The employer shall also produce any further information respecting any other accident or claim to compensation that the Minister may require.

(3) Subsections 26(2) to (4) of the Act are replaced by the following:

(2) The Minister may, by order, relieve any employer from the obligation to comply with subsection (1) to the extent provided for in the order.

(3) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.

(5) No proceedings shall be taken under this section against any person without the Minister’s consent.

245. Subsection 27(1) of the Act is replaced by the following:

27. (1) A seaman who claims compensation, or to whom compensation is payable under this Act, shall, if required to do so by their employer, submit themselves for examination by a duly qualified medical practitioner who is selected and paid for by the employer and shall, if required to do so by the Minister, submit themselves for examination by a medical referee.

246. (1) Subsections 28(1) and (2) of the Act are replaced by the following:

28. (1) If a seaman has, on their employer’s request, submitted themselves for examination, or has been examined by a duly qualified medical practitioner selected by themselves, and a copy of the medical practitioner’s report on the seaman’s condition has been furnished in the former case by the employer to the seaman and in the latter case by the seaman to the employer, the Minister may, on the application of either of them or of his or her own motion, refer the matter to a medical referee.

(2) The medical referee to whom a reference is made under subsection (1) or who has examined the seaman by the Minister’s direction under subsection 27(1) shall certify to the Minister as to the condition of the seaman and their fitness for employment, specifying, if necessary, the kind of employment and, if unfit, the cause and degree of the unfitness, and the referee’s certificate, unless the Minister otherwise directs, is conclusive as to the matters certified.

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

(4) The Minister may diminish the compensation to which a seaman is entitled, or suspend payment of it, whenever the seaman persists in dangerous or unsanitary practices imperilling or retarding their cure and whenever they refuse to submit to any medical treatment that the Minister, on the medical referee’s advice, considers necessary for their cure.

247. Sections 29 and 30 of the Act are replaced by the following:

29. Any weekly or other periodic payment to a seaman may be reviewed at the employer’s or seaman’s request, and on such review the Minister may put an end to or diminish the payment or increase the payment to a sum not beyond the maximum prescribed in this Act.

INSURANCE

30. (1) Every employer shall cover by insurance or other means satisfactory to the Minister the risks of compensation arising under this Act.

(2) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.

(4) No proceedings shall be taken under this section against any person without the Minister’s consent.

248. (1) Subparagraph 31(1)(e)(ii) of the Act is replaced by the following:

(ii) with the Minister’s approval, for each child under the age of 21 years who is attending school;

(2) Subparagraph 31(1)(f)(ii) of the Act is replaced by the following:

(ii) with the Minister’s approval, to each child under the age of 21 years who is attending school; and

(3) Paragraph 31(1)(g) of the Act is replaced by the following:

(g) if the dependants are persons other than those mentioned in paragraphs (d) to (f), a reasonable sum that is proportionate to the pecuniary loss to those dependants occasioned by the death, to be determined by the Minister.

(4) Subsection 31(2) of the Act is replaced by the following:

(2) If a seaman leaves no survivor or the survivor subsequently dies, and a competent authority has appointed a person to care for the children who are entitled to compensation, the Minister may pay that person the same monthly payments of compensation as if that person were the survivor of the deceased, and in that case the children’s part of the payments shall be in lieu of the monthly payments that they would otherwise have been entitled to receive.

(5) Subsections 31(4) to (6) of the Act are replaced by the following:

(4) In the case provided for by paragraph (1)(g), the payments shall continue only so long as, in the Minister’s opinion, it might reasonably have been expected that the seaman, had they lived, would have continued to contribute to the support of the dependants, and, in any case under that paragraph, compensation may be made wholly or partly in a lump sum or by any form of payment that the Minister considers most suitable in the circumstances.

(5) A dependant to whom the seaman stood in the place of a parent or a dependant who stood in the place of a parent to the seaman is entitled, as the Minister may determine, to share in or receive compensation under paragraph (1)(e), (f) or (g).

(6) Compensation is payable to a disabled child without regard to their age, and payments to the child shall continue until, in the Minister’s opinion, the child ceases to be disabled.

(6) Subsection 31(8) of the Act is replaced by the following:

(8) If the Minister is of the opinion that it is desirable that a payment in respect of a child should not be made directly to their parent, the Minister may direct that the payment be made to any person or be applied in any manner that he or she considers most advantageous for the child.

249. Subsection 32(2) of the Act is replaced by the following:

(2) In addition to the amounts of compensation payable under section 31 to or for a seaman’s dependent children as a result of the seaman’s death from an accident incurred before May 1, 1965, there shall be paid, with the Minister’s approval, to or for each dependent child under the age of 21 years who is attending school, the compensation that would have been payable had the accident from which the death of the seaman resulted occurred on or after May 1, 1965.

250. Subsections 37(2) to (4) of the Act are replaced by the following:

(2) If the Minister considers it more equitable to do so, he or she may award compensation for permanent partial disability, having regard to the difference between the seaman’s average weekly earnings before the accident and the average amount that they are earning or are able to earn in a suitable employment or business after the accident, and the compensation may be a weekly payment of 75% of the difference, and regard shall be had to the seaman’s fitness to continue the employment in the course of which they were injured or to adapt themselves to some other suitable occupation.

(3) The Minister may compile a rating schedule of percentages of impairment of earning capacity for specified injuries or mutilations that may be used as a guide in determining the compensation payable in permanent partial disability cases.

(4) Despite subsections (1) and (2), if the impairment of the seaman’s earning capacity does not exceed 10% of their earning capacity, instead of a weekly payment payable under those subsections, the Minister may, unless he or she is of the opinion that it would not be to the seaman’s advantage to do so, fix an amount to be paid to the seaman as full compensation and pay the seaman the amount either in one sum or in periodic payments as the Minister may direct.

251. Subsection 41(5) of the Act is replaced by the following:

(5) If in any case it seems more equitable to do so, the Minister may award compensation, having regard to a seaman’s earnings at the time of an accident.

252. Section 43 of the Act is replaced by the following:

43. (1) Whenever the Minister considers it advisable, the payment of compensation may be made semi-monthly or monthly instead of weekly.

(2) Subject to section 23, if a seaman or a dependant is not a resident of Canada or ceases to reside in Canada, the periods of payments may be otherwise fixed or the compensation commuted as the Minister considers appropriate.

253. Subsections 44(1) and (2) of the Act are replaced by the following:

44. (1) If a seaman is entitled to compensation and it is made to appear to the Minister that the seaman’s spouse, former spouse, common-law partner, former common-law partner or children under 18 years of age are without adequate means of support, the Minister may divert the compensation in whole or in part from the seaman for their benefit.

(2) If a seaman’s survivor is entitled to compensation under section 31 and it is made to appear to the Minister that the seaman’s spouse, former spouse, former common-law partner or children under 18 years of age are without adequate means of support, the Minister may divert the compensation in whole or in part from the survivor for their benefit.

254. Section 45 of the Act is replaced by the following:

45. If a seaman or a dependant is a minor or under any other legal incapacity, the compensation to which they are entitled may be paid to any person or be applied in any manner that the Minister considers is to the seaman’s or the dependant’s best advantage.

255. Subsection 46(3) of the Act is replaced by the following:

(3) Any question as to the necessity, character and sufficiency of any medical aid furnished or to be furnished may be referred to the Minister for a decision.

256. Sections 48 to 51 of the Act are replaced by the following:

48. Every physician, surgeon or hospital official attending, consulted respecting or having the care of any seaman shall furnish the employer from time to time with any reports that are required by the employer in respect of that seaman, and may charge for the preparation of those reports any reasonable fees that are agreed on with the employer or, in the absence of an agreement, that the Minister approves.

RULES AND ORDERS

49. The Minister may make any rules and orders that he or she considers expedient or necessary for regulating his or her procedure and for carrying any of the purposes or provisions of this Act into effect.

DELEGATION AND COSTS OF ADMINISTRATION

50. The Minister may delegate to any person the exercise of any power or the performance of any duty that may be exercised or performed by the Minister under this Act, except for the powers referred to in section 49.

51. All costs incurred relative to the administration of this Act, including salaries, expenses, fees and commissions, are chargeable against the various employers, apportioned on a basis to be determined by the Minister.

Transitional Provisions

257. In sections 258 to 260, “Board” means the Merchant Seamen Compensation Board established by section 3 of the Merchant Seamen Compensation Act as that Act read immediately before the coming into force of this section.

258. (1) Members of the Board 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 Board 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 operation of this Division.

259. Every proceeding commenced under the Merchant Seamen Compensation 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.

260. The Minister of Labour may reconsider any matter that has been dealt with by the Board or rescind or amend any decision or order previously made by it.

Consequential Amendments

Access to Information Act

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

Merchant Seamen Compensation Board

Privacy Act

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

Merchant Seamen Compensation Board

Coming into Force

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

Division 12

Customs Act

Amendments to the Act

264. Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:

“carrier code” means the unique identification number issued by the Minister either under subsection 12.1(4) or before the coming into force of that subsection;

265. (1) Section 6 of the Act is amended by adding the following after subsection (1):

(1.1) For the purposes of subsection (1), “maintain” means, in addition to performing general maintenance, paying all costs related to the operation of the buildings, accommodation and other facilities, including electricity, lighting, ventilation, heating, cooling, water supply, sewage treatment, fire protection, snow removal and cleaning.

(1.2) Subsection (1.1) has retroactive effect to the day on which subsection (1) came into force and applies in respect of any action or judicial proceeding that is pending on the day on which this subsection comes into force.

(2) Section 6 of the Act is amended by adding the following after subsection (3):

(3.1) A regulation made under subsection (3) may, if it so provides, have retroactive effect and apply in respect of any pending action or judicial proceeding.

266. Section 12.1 of the Act is replaced by the following:

12.1 (1) Before the arrival of a conveyance in Canada, the owner or person in charge of a conveyance who is prescribed or any other prescribed person shall give the Agency prescribed information about the conveyance and the persons and goods on board or expected to be on board the conveyance.

(2) A person who is required to provide information under subsection (1) shall hold a valid carrier code unless they are exempt.

(3) An application for a carrier code shall be made in the prescribed form with the prescribed information.

(4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the prescribed requirements and conditions for the carrier code to be issued have been met.

(5) The Minister may, subject to the regulations, suspend, cancel or reinstate a carrier code.

(6) The Minister may issue a notification to any person who provides information under subsection (1) to require the person to take any specified measure with respect to the information.

(7) The person to whom a notification is issued shall comply with the notification.

(8) The Governor in Council may make regulations for the purposes of this section, including regulations

(a) respecting the information that must be given under subsection (1);

(b) prescribing the persons or classes of persons who must give the information under subsection (1);

(c) respecting the circumstances in which the information must be given under subsection (1);

(d) respecting the time within which and the manner in which the information must be given under subsection (1);

(e) regarding the requirements and conditions that are to be met before a carrier code may be issued;

(f) regarding the persons or classes of persons who are exempt from holding a valid carrier code; and

(g) regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated.

267. Subsection 107.1(1) of the Act is replaced by the following:

107.1 (1) The Minister may, under prescribed circumstances and conditions, require any prescribed person or prescribed class of persons to provide, or to provide access to, within the prescribed time and in the prescribed manner, prescribed information about any person on board or expected to be on board a conveyance.

Coming into Force

268. Sections 264 and 266 come into force on a day or days to be fixed by order of the Governor in Council.

Division 13

Hazardous Materials Information Review Act

Amendments to the Act

269. (1) The portion of subsection 10(1) of the Hazardous Materials Information Review Act before the first definition is replaced by the following:

10. (1) The following definitions apply in this Act.

(2) The definitions “Commission”, “Pres-ident”, “rule” and “screening officer” in subsection 10(1) of the Act are repealed.

(3) The definitions “directeur de la Section d’appel” and “directeur de la Section de contrôle” in subsection 10(1) of the French version of the Act are repealed.

(4) The definitions “Chief Appeals Officer” and “Chief Screening Officer” in subsection 10(1) of the English version of the Act are replaced by the following:

“Chief Appeals Officer” means an individual designated as the Chief Appeals Officer under subsection 47(1);

“Chief Screening Officer” means an individual designated as the Chief Screening Officer under subsection 47(1);

(5) The definition “affected party” in subsection 10(1) of the English version of the Act is amended by replacing “this Part” with “this Act”.

(6) Subsection 10(1) of the French version of the Act is amended by adding the following in alphabetical order:

270. Subsection 13(2) of the Act is repealed.

271. (1) Paragraph 23(1)(b) of the Act is amended by adding “and” at the end of subparagraph (ii), by striking out “and” at the end of subparagraph (iii), and by repealing subparagraph (iv).

(2) Section 23 of the Act is amended by adding the following after subsection (1):

(1.1) The Minister may appear before the appeal board to make representations with respect to a submission made to it.

272. Paragraph 24(1)(a) of the Act is replaced by the following:

(a) cause a copy of the decision to be given to the claimant and the Minister; and

273. The heading before section 28 of the Act is replaced by the following:

COUNCIL

274. Subsection 28 of the Act is replaced by the following:

28. (1) The Minister shall establish a council, whose members are appointed by the Minister, to advise and assist him or her on matters arising in connection with the operation of this Act.

(2) The council shall consist of the following members:

(a) two members to represent workers, appointed after consultation by the Minister with any organizations representative of workers that the Minister considers appropriate;

(b) one member to represent suppliers, appointed after consultation by the Minister with any organizations representative of suppliers that the Minister considers appropriate;

(c) one member to represent employers, appointed after consultation by the Minister with any organizations representative of employers that the Minister considers appropriate;

(d) one member to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and

(e) not fewer than four and not more than 13 members to represent the governments of the 10 provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

275. The heading before section 29 and sections 29 to 42 of the Act are repealed.

276. Subsection 43(3) of the Act is replaced by the following:

(3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:

(a) in relation to appeals relating to the provisions of the Hazardous Products Act,

(i) a list containing the names of persons nominated for appointment by any organizations representative of workers in that province that the Minister considers appropriate, and

(ii) a list containing the names of persons nominated for appointment by any organizations representative of suppliers and any organizations representative of employers in that province that the Minister considers appropriate; and

(b) in relation to appeals relating to the provisions of the Canada Labour Code,

(i) a list containing the names of persons nominated for appointment by any organizations representative of employees in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate, and

(ii) a list containing the names of persons nominated for appointment by any organizations representative of employers in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate.

(3.1) The Minister shall consult the council in identifying the organizations that the Minister considers appropriate for the purposes of paragraph (3)(a).

277. Section 45 of the Act and the heading before it are replaced by the following: