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Cessation of Payment
Request that supplement cease to be payable
18.1 If a pensioner makes a request to the Minister in writing that their supplement cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the supplement and the month chosen by the pensioner in the application.
Cancellation of Payment
Request to cancel supplement
18.2 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a supplement has commenced, request cancellation of that supplement.
Effect of cancellation
(2) If the request is granted and the amount of any supplement and related allowance is repaid within the prescribed time,
(a) the application for that supplement is deemed never to have been made; and
(b) the supplement is deemed for the purposes of this Act not to have been payable during the period in question.
1995, c. 33, s. 10; 1998, c. 21, par. 119(1)(d); 2000, c. 12, par. 207(1)(f) and 209(e)(E)
459. (1) Subsection 19(4) of the Act is replaced by the following:
Presumption
(3.1) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of
(a) paragraph (1)(c); or
(b) paragraph (2)(a) or (b).
Annual application
(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):
Waiver of application
(4.02) The Minister may, in respect of a person, waive the requirement referred to in subsection (4) for an application for an allowance for any month or months in a payment period if the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of an allowance.
Timing of waiver
(4.03) The Minister may only waive the requirement referred to in subsection (4) in respect of a person
(a) on the day on which the pensioner’s spouse or common-law partner attains 60 years of age; or
(b) on the day on which the pensioner attains 65 years of age if, on that day, the spouse or common-law partner is at least 60 years of age.
Notice of intent
(4.04) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02), the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of an allowance.
Inaccuracies
(4.05) The person shall, before the day referred to in paragraph (4.03)(a) or (b), file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (4.04).
Declining waiver
(4.06) The person may, before the day referred to in paragraph (4.03)(a) or (b), decline the waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.
Cancellation of waiver
(4.07) Even if the requirement for an application has been waived in respect of a person under subsection (4.02), the Minister may, before the day referred to in paragraph (4.03)(a) or (b), require that the person make an application for payment of an allowance and, in that case, the Minister shall notify the person in writing of that requirement.
1995, c. 33, s. 11(1); 1998, c. 21, par. 119(1)(f); 2000, c. 12, par. 208(1)(b) and 209(j)(E)
460. Subsection 21(4) of the Act is replaced by the following:
Presumption
(3.1) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1) and the information available to the Minister under this Act with respect to the survivor includes the prescribed information, the survivor is presumed, in the absence of evidence to the contrary, to have met the requirements of
(a) paragraph (1)(b); or
(b) paragraph (2)(a) or (b).
Annual application
(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.
Waiver of application
(4.1) The Minister may, in respect of a survivor, waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if, on the day on which the survivor attains 60 years of age, the Minister is satisfied, based on information available to him or her under this Act, that the survivor is qualified under this section for the payment of an allowance.
Notice of intent
(4.2) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1), the Minister shall notify the survivor in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of an allowance.
Inaccuracies
(4.3) The survivor shall, before the day on which they attain 60 years of age, file with the Minister a statement in which the survivor corrects any inaccuracies in the information provided by the Minister under subsection (4.2).
Declining waiver
(4.4) The survivor may, before the day on which they attain 60 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.
Cancellation of waiver
(4.5) Even if the requirement for an application is intended to be waived in respect of a survivor under subsection (4.1), the Minister may, before the day on which the survivor attains 60 years of age, require that the survivor make an application for payment of an allowance and, in that case, the Minister shall notify the survivor in writing of that requirement.
2000, c. 12, par. 209(p)(E)
461. Subsection 23(2) of the French version of the Act is replaced by the following:
Exception
(2) Toutefois, si le demandeur a déjà atteint l’âge de soixante ans au moment de la réception de la demande, l’effet de l’agrément peut être rétroactif à la date fixée par règlement, celle-ci ne pouvant être antérieure au jour où il atteint cet âge ni précéder de plus d’un an le jour de réception de la demande.
1995, c. 33, s. 14; 2000, c. 12, par. 209(p)(E)
462. Subsection 24(1) of the Act is replaced by the following:
Consideration of application or waiver
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:
Cessation of Payment
Request that allowance cease to be payable
26.01 If a person makes a request to the Minister in writing that their allowance cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the allowance and the month chosen by the person in the application.
Cancellation of Payment
Request to cancel allowance
26.02 (1) A person may, in the prescribed manner and within the prescribed time after payment of an allowance has commenced, request cancellation of that allowance.
Effect of cancellation
(2) If the request is granted and the amount of the allowance is repaid within the prescribed time,
(a) the application for that allowance is deemed never to have been made; and
(b) the allowance is deemed for the purposes of this Act not to have been payable during the period in question.
464. The Act is amended by adding the following after section 26.1:
Inviting Applications
Inviting persons to apply
26.2 The Minister may invite persons to make an application for benefits under this Act and may, for that purpose, collect personal information and make available or use personal information available to him or her under this Act.
1997, c. 40, s. 102; 2000, c. 12, par. 207(1)(l); 2001, c. 27, s. 267; 2005, c. 35, par. 66(e)
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):
(a.1) knowingly failed to correct any inaccuracies in the information provided by the Minister as required by subsection 5(6), 11(3.3), 15(2.4), 19(4.05) or 21(4.3);
Coming into Force
Order in council
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.
July 1, 2013
(2) Sections 446, 448 and 451 come into force on July 1, 2013.
Division 25
R.S., c. S-3
Salaries Act
Amendment to the Act
2006, c. 9, s. 227
468. The heading before section 1.1 and sections 1.1 and 1.2 of the Salaries Act are repealed.
Consequential Amendments
R.S., c. A-1
Access to Information Act
SOR/2006-70, s. 1
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
Secrétariat de la Commission des nominations publiques
R.S., c. F-11
Financial Administration Act
SOR/2006-68, s. 1
470. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Public Appointments Commission Secretariat
Secrétariat de la Commission des nominations publiques
and the corresponding reference in column II to “Prime Minister”.
SOR/2006-69, s. 1
471. Schedule IV to the Act is amended by striking out the following:
Public Appointments Commission Secretariat
Secrétariat de la Commission des nominations publiques
R.S., c. P-21
Privacy Act
SOR/2006-71, s. 1
472. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Public Appointments Commission Secretariat
Secrétariat de la Commission des nominations publiques
Division 26
R.S., c. S-8
Seeds Act
Amendments to the Act
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 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;
(2) Subsection 4(1) of the Act is amended by adding the following after paragraph (j):
(j.1) requiring persons to whom the Act or regulations apply to prepare and maintain records and to provide them or make them available to the President of the Canadian Food Inspection Agency or an inspector and respecting the information in those records and the manner in which they are to be prepared, maintained and provided or made available;
474. The Act is amended by adding the following after section 4.1:
LICENCE
Issuance of licence
4.2 (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.
Conditions
(2) The President may, subject to the regulations, make the licence subject to any condition that he or she considers appropriate.
Not transferable
(3) The licence is not transferable.
Amendment
(4) The President may, subject to the regulations, amend, suspend or revoke the licence.
Coordinating Amendments
2011, c. 25
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
Issuance of 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.
Conditions
(2) The President may, subject to the regulations, make the licence subject to any condition that he or she considers appropriate.
Not transferable
(3) The licence is not transferable.
Amendment
(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
R.S., c. S-22
Statutory Instruments Act
Amendments to the Act
476. Section 13 of the Statutory Instruments Act and the heading before it are repealed.
2000, c. 5, s. 59
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
Order in council
478. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 28
R.S., c. 28 (1st Supp.)
Investment Canada Act
479. Section 19 of the Investment Canada Act is renumbered as subsection 19(1) and is amended by adding the following:
Security
(2) Her Majesty in right of Canada may accept any security for payment in respect of any penalty that may be imposed under paragraph 40(2)(d).
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):
(e.1) information contained in reasons given by the Minister for sending a notice under subsection 23(1);
(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):
(h) information relating to the acceptance of security under subsection 19(2).
2009, c. 2 s. 457(6)
(4) Subsection 36(4.1) of the Act is replaced by the following:
Information referred to in paragraph (4)(e.1), (g) or (h)
(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
R.S., c. 1 (2nd Supp.)
Customs Act
481. The Customs Act is amended by adding the following after section 11.5:
Designation of mixed-traffic corridor
11.6 (1) If the Minister considers that it is necessary in the public interest, he or she may designate as a mixed-traffic corridor a portion of a roadway or other access way that
(a) leads from an international border to a customs office designated under section 5; and
(b) is used by persons arriving in Canada and by persons travelling within Canada.
Amendment, etc., of designation
(2) The Minister may amend, cancel or reinstate at any time a designation made under this section.
Person travelling in mixed-traffic corridor
11.7 Every person who is travelling in a mixed-traffic corridor shall present themselves to an officer at the nearest customs office and state whether they are arriving from a location outside or within Canada.
482. The Act is amended by adding the following after section 99.4:
Powers of officer — mixed-traffic corridor
99.5 If an officer has reasonable grounds to suspect that a person, having stated under section 11.7 that they arrived from a location within Canada, did in fact arrive from a location outside Canada, the officer may
(a) question the person; and
(b) examine any goods carried by the person, cause any package or container of the goods to be opened and take samples of the goods in reasonable amounts.
Division 30
R.S., c. 32 (2nd Supp.)
Pension Benefits Standards Act, 1985
2010, c. 12, s. 1820(12)
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
R.S., c. 32 (4th Supp.)
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):
Limitation
(4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.
(2) Section 16 of the Act is amended by adding the following after subsection (5):
Regulations – exemption
(5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).
Clarification
(5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.
1999, c. 9, s. 36
485. Subsection 50(1) of the Act is replaced by the following:
Publication of proposed regulations
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
April 1, 2013
486. This Division comes into force on April 1, 2013.
Division 32
R.S., c. 47 (4th Supp.)
Canadian International Trade Tribunal Act
Amendments to the Act
2010, c. 12, s. 1695
487. Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:
Tribunal established
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.
1999, c. 12, s. 55(E)
488. Subsection 8(1) of the Act is replaced by the following:
Absence, etc., of Chairperson
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
February 1, 2014
489. This Division comes into force on February 1, 2014.
Division 33
R.S., c. 54 (4th Supp.)
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:
Annual report to Parliament
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
Definitions
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
Application
492. Sections 493 to 495 apply despite any provision of the International Centre for Human Rights and Democratic Development Act.
Number of directors
493. (1) The Board may consist of fewer than 13 directors.
No appointment by Board
(2) The Board is not permitted to appoint directors under subsection 10(2) of the International Centre for Human Rights and Democratic Development Act.
Quorum
(3) Five directors constitute a quorum at any meeting of the Board.
No compensation
(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.
Disposal of assets
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.
Debts and liabilities
(2) The Centre must apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.
Directions
(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.
Directions binding
(4) The Centre must comply with the directions.
Transfer of records
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
References
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.
Surplus
497. (1) Any surplus that remains after the satisfaction of the Centre’s debts and liabilities belongs to Her Majesty in right of Canada.
Unsatisfied debts and liabilities
(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.
Commencement of legal proceedings
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.
Continuation of legal proceedings
(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.
Auditor
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.
Report to Parliament
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
R.S., c. A-1
Access to Information Act
SOR\90-325, s. 1
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
Centre international des droits de la personne et du développement démocratique
R.S., c. P-21
Privacy Act
SOR\90-326, s. 1
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
Centre international des droits de la personne et du développement démocratique
R.S., c. P-36
Public Service Superannuation Act
R.S., c. 54 (4th Supp.), s. 32
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
Centre international des droits de la personne et du développement démocratique
Repeal
Repeal of R.S., c. 54 (4th Supp.)
504. The International Centre for Human Rights and Democratic Development Act is repealed.
Coming into Force
Order in council
505. Sections 496 to 504 come into force on a day to be fixed by order of the Governor in Council.
Division 34
1990, c. 21
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:
Prohibition — infected place
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:
Declaration that place no longer infected
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
(b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.
Primary control zone
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.
Designated animal or thing
(2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.
Prohibition — primary control zone
(3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.
Secondary control zone
27.1 (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.
Disease outside Canada
(2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.
Designated animal or thing
(3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.
Conditions
(4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.
Compliance
(5) Any person to whom an order made under subsection (4) applies shall comply with it.
Permits
27.2 A permit referred to in subsection 27(3) or 27.1(4) may be issued as a general permit to owners or persons having the possession, care or control of a designated animal or thing.
Order amended
27.3 The Minister may, by order, amend or revoke an order made under subsection 27(1) or (2) or one made under any of subsections 27.1(1) to (4).
Measures
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.
Regulations
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.
Treatment or disposal
27.6 (1) The Minister may, in respect of a designated animal or thing that is or has been in a primary or secondary control zone,
(a) treat that animal or thing or require its owner or the person having the possession, care or control of it to treat it or to have it treated if the Minister considers that the treatment will be effective in eliminating the disease or toxic substance or preventing its spread; or
(b) dispose of that animal or thing or require its owner or the person having the possession, care or control of it to dispose of it.
Return animal or thing
(2) If an inspector or officer believes on reasonable grounds that a designated animal or thing has been removed from, moved within or taken into a primary control zone in contravention of subsection 27(3) — or a secondary control zone in contravention of an order made under subsection 27.1(4) — the inspector or officer may, whether or not that animal or thing is seized, move it to any place or require its owner or the person having the possession, care or control of it to move it to any place.
Notice
(3) A requirement under subsection (1) or (2) shall be communicated by the personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing, or by sending the notice to the owner or person. The notice shall specify the period within which and the manner in which the requirement is to be met.
Statutory Instruments Act
28. (1) The Statutory Instruments Act does not apply in respect of a declaration under section 22, 23 or 26, an order made under subsection 27(1) or (2), any of subsections 27.1(1) to (4) or section 27.3 or a permit referred to in subsection 27(3) or 27.1(4) that is issued as a general permit.
Accessibility
(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:
Inspectors and officers may exercise Minister’s powers
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.
Minister’s power — section 27.3
(2) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4).
1997, c. 6, s. 70
510. Section 53 of the Act is replaced by the following:
Compensation for costs of treatment
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:
Fees, charges and costs related to measures
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:
Persons liable
(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:
h) régir ou interdire le déplacement, au Canada, soit d’animaux, de leurs produits, sous-produits et aliments, de vecteurs, d’agents causant des maladies ainsi que de fourrage, soit d’autres choses se rapportant aux animaux et susceptibles d’être contaminées par une maladie ou une substance toxique;
(2) Subsection 64(1) of the Act is amended by adding the following after paragraph (z.3):
(z.3.1) requiring persons to provide information to the Minister or any other person authorized by the Minister, in the form and manner that the Minister or other person, as the case may be, directs, on the movement of animals or things to which this Act or the regulations apply;
513. The portion of subsection 65(1) of the French version of the Act before paragraph (a) is replaced by the following:
Infraction
65. (1) Quiconque contrevient aux dispositions de la présente loi — à l’exception de l’article 15 — ou des règlements ou refuse ou néglige d’accomplir une obligation imposée sous le régime de la présente loi commet une infraction et encourt, sur déclaration de culpabilité :
514. The portion of section 66 of the Act before paragraph (a) is replaced by the following:
Failure to comply with notices
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
January 1, 2013 or royal assent
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
1991, c. 16; 2003, c. 22, s. 22
Canada School of Public Service Act
Amendments to the Act
2003, c. 22, s. 23(2); 2010, c. 12, s. 1671
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:
Minister responsible
3.1 The Minister is responsible for and has the overall direction of the School.
2003, c. 22, ss. 27 and 29 and par. 225(i)(E); 2010, c. 12, ss. 1672 and 1673
518. The heading before section 7 and sections 7 to 12 of the Act are repealed.
2003, c. 22, ss. 30 and 132.1
519. Section 13 of the Act is replaced by the following:
Appointment
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.
Chief executive officer
(2) The President is the School’s chief executive officer and has the management and control of it.
Exercise of powers
(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.
Acting President
(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.
2003, c. 22, s. 32
520. Section 17 of the Act and the heading before it are repealed.
2003, c. 22, s. 32
521. The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Setting amount of fees
18. (1) The President may, with the Treasury Board’s approval, prescribe the fees or the manner of determining the fees
2003, c. 22, s. 34
522. Subsections 19(1) to (3) of the Act are replaced by the following:
Annual report
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.
Reports required by Treasury Board
(2) The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the School’s operations required by the Treasury Board that contain the information required by that subsection.
Review and report
(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.
R.S., c. F-11
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
Canada School of Public Service
École de la fonction publique du Canada
and a corresponding reference in column II to “President”.
2006, c. 9, s. 270
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
École de la fonction publique du Canada
and the corresponding reference in column II to “President”.
Division 36
1991, c. 46
Bank Act
525. The Bank Act is amended by adding the following before the enacting clause:
Preamble
Whereas a strong and efficient banking sector is essential to economic growth and prosperity;
Whereas a legislative framework that enables banks to compete effectively and be resilient in a rapidly evolving marketplace, taking into account the rights and interests of depositors and other consumers of banking services, contributes to stability and public confidence in the financial system and is important to the strength and security of the national economy;
And whereas it is desirable and is in the national interest to provide for clear, comprehensive, exclusive, national standards applica-ble to banking products and banking services offered by banks;
Division 37
1992, c. 20
Corrections and Conditional Release Act
Amendments to the Act
1995, c. 42, s. 38
526. Subsection 124(4) of the Corrections and Conditional Release Act is replaced by the following:
Review
(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
Hearings
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
2012, c. 1
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:
Review by Board — sentence of two years or more
(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:
Review
(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
Order in council
530. Sections 526 to 528 come into force on a day to be fixed by order of the Governor in Council.
Division 38
1992, c. 31
Coasting Trade Act
531. Subsection 3(2) of the Coasting Trade Act is amended by adding the following after paragraph (c):
(c.1) engaged in seismic activities in waters above the continental shelf of Canada that are in relation to the exploration for mineral or non-living natural resources of the continental shelf of Canada;
Division 39
1992, c. 33
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”
« Conseil »
“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.
1998, c. 26, s. 83
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.
1995, c. 11, ss. 39 and 40; 2003, c. 22, s. 221(E) and par. 225(z.25)(E)
534. The headings before section 10 and sections 10 to 15 of the Act are replaced by the following:
Canada Industrial Relations Board
535. (1) The portion of section 16 of the Act before paragraph (a) is replaced by the following:
Regulations
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:
Board’s powers
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:
Criteria for application by Board
18. The Board shall take into account
2002, c. 8, par. 182(1)(z.12)
538. Sections 19 to 21 of the Act are replaced by the following:
Informal proceedings
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.
Consultation
(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.
Right to appear
(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.
Notice of facts
(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.
Notification of intention
(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.
Report on evidence
(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.
Conclusions
(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.
Review of determination or order
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.
Interim 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
Determination or order — no review by court
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.
No review by certiorari, etc.
(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:
Filing in Federal Court
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.
Registration
(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:
Filing membership list
(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:
Application
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.
Accompanying documents
(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.
Public notice of application
(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.
When application may not be made
(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
Determination of sector
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.
Right to intervene
(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.
Notice of determination
(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.
Association’s representativity
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.
Right to intervene
(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:
Certification
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:
Certification period
(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:
Prorogation
(3) Le dépôt, dans les trois mois précédant l’expiration de l’accréditation ou de son renouvellement, d’une demande d’annulation ou d’une autre demande d’accréditation visant le même ou sensiblement le même secteur emporte prorogation de l’accréditation jusqu’à ce que le Conseil statue sur la demande, le renouvellement ne prenant effet, en cas de rejet de celle-ci, qu’à la date de la décision.
(4) Subsection 28(4) of the Act is replaced by the following:
Register
(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:
Application for revocation
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:
Stay of proceedings
(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.
Date of revocation
(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.
Effect of revocation
(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:
Board to determine questions
(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:
Effect of scale agreements
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:
Application
(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:
Board may change termination date
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:
No review by certiorari, etc.
(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:
Powers of arbitrator and arbitration board
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:
Procedure
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:
Questions may be referred to Board
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.
Arbitration proceeding not suspended
(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:
Declaration — association’s pressure tactics unlawful
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:
Declaration and prohibition of pressure tactics
(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:
Declaration — producer’s pressure tactics unlawful
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:
Order’s terms and duration
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.
Application for supplementary 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:
Complaints to Board
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:
Time for making complaint
(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:
Inadmissible complaints
(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:
Board’s duty and power
(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:
Board may make orders
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:
Other orders
(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.
1995, c. 11, s. 41
558. Section 56 of the English version of the Act is replaced by the following:
Regulations
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:
Board’s consent before prosecution
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:
Documents as evidence
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.
1995, c. 11, s. 42
563. Sections 64 to 67 of the Act are replaced by the following:
Witness fees and expenses
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.
Persons not required to give evidence
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
Definitions
564. The following definitions apply in sections 565 to 570.
“Board”
« Conseil »
“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.
“Tribunal”
« Tribunal »
“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.
Appointments terminated
565. (1) Members of the Tribunal cease to hold office on the coming into force of this subsection.
No compensation
(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.
Continuation of proceedings
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.
Review of Tribunal’s determination or order
567. The Board may uphold, rescind or amend any determination or order made by the Tribunal.
Powers and duties
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.
References
(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.
Commencement of legal proceedings
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.
Continuation of legal proceedings
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
R.S., c. A-1
Access to Information Act
1992, c. 33, s. 68
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
Tribunal canadien des relations professionnelles artistes-producteurs
R.S., c. F-7; 2002, c. 8, s. 14
Federal Courts Act
1992, c. 33, s. 69; 1993, c. 34, s. 70(2)
572. Paragraph 28(1)(p) of the Federal Courts Act is repealed.
R.S., c. F-11
Financial Administration Act
SOR/94-272, s. 1; SOR/98-564
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
Tribunal canadien des relations professionnelles artistes-producteurs
and the corresponding reference in column II to “Minister of Labour”.
2003, c. 22, s. 11
574. Schedule IV to the Act is amended by striking out the following:
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
2006, c. 9, s. 270
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
Tribunal canadien des relations professionnelles artistes-producteurs
and the corresponding reference in column II to “Chairperson”.