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TRANSITIONAL PROVISIONS
(c) section 359 of this Act is replaced by the following:
359. The Act is amended by adding the following after section 69:
Application not advertised
69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with
(a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and
(b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.
Application advertised
70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and
(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.
Regulations
(2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.
Nice Classification
(3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.
Disagreement
(4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.
Declaration of use
71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.
Registered trademarks — applications filed before coming into force
72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accord-ance with the provisions of this Act.
Registered trademarks
73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.
Application of paragraph 26(2)(e.1)
(2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.
Amending register
(3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.
Subsection 46(1)
(4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.
(d) section 368 of this Act is replaced by the following:
Order in council
368. (1) This Division, other than sections 358.1, 358.2 and 367, comes into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Sections 358.1 and 358.2 come into force on a day or days to be fixed by order of the Governor in Council.
(89) If section 51 of the other Act comes into force on royal assent day, and that day is before the day on which section 52 of the other Act comes into force, then that section 51 is deemed never to have come into force and subsection (88) applies as a consequence.
(90) If section 52 of the other Act comes into force on royal assent day, and that day is before the day on which section 51 of the other Act comes into force, then that section 52 is deemed never to have come into force and subsection (88) applies as a consequence.
(91) If section 51 of the other Act comes into force before section 52 of the other Act, and those sections are both in force before royal assent day, then section 359 of this Act is replaced by the following:
359. Sections 70 to 72 of the Act are replaced by the following:
Application not advertised
69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with
(a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and
(b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.
Application advertised
70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and
(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.
Regulations
(2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.
Nice Classification
(3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.
Disagreement
(4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.
Declaration of use
71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.
Registered trademarks — applications filed before coming into force
72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accord­ance with the provisions of this Act.
Registered trademarks
73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.
Application of paragraph 26(2)(e.1)
(2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.
Amending register
(3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.
Subsection 46(1)
(4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.
(92) If sections 51 and 52 of the other Act come into force on the same day and that day is before royal assent day, then that section 51 is deemed to have come into force before that section 52, and subsection (91) applies as a consequence.
(93) If section 52 of the other Act comes into force on royal assent day, and that day is after the day on which section 51 of the other Act has come into force, then that section 52 is deemed to have come into force before royal assent day and subsection (91) applies as a consequence.
(94) If section 52 of the other Act comes into force before section 51 of the other Act, and those sections are both in force before royal assent day, then
(a) that section 51 is deemed never to have come into force and is repealed; and
(b) this Act is amended by adding the following after section 358:
358.1 The Act is amended by adding the following after the heading “TRANSITIONAL PROVISION” after section 68:
Disclosure of documents
69. The disclosure of documents — on which entries in the register to be kept under paragraph 26(1)(b), as it read immediately before the day on which subsection 27(1) of the Combating Counterfeit Products Act comes into force, are based — is subject to subsection 50(6), as it read on June 8, 1993.
358.2 Section 69 of the Act is repealed.
358.3 The heading after section 68 of the Act is replaced by the following:
TRANSITIONAL PROVISIONS
(c) section 359 of this Act is replaced by the following:
359. The Act is amended by adding the following in numerical order:
Application not advertised
69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with
(a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and
(b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.
Application advertised
70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and
(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.
Regulations
(2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.
Nice Classification
(3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.
Disagreement
(4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.
Declaration of use
71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.
Registered trademarks — applications filed before coming into force
72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accord­ance with the provisions of this Act.
Registered trademarks
73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.
Application of paragraph 26(2)(e.1)
(2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.
Amending register
(3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.
Subsection 46(1)
(4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.
(d) section 368 of this Act is replaced by the following:
Order in council
368. (1) This Division, other than sections 358.1, 358.2 and 367, comes into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Sections 358.1 and 358.2 come into force on a day or days to be fixed by order of the Governor in Council.
(95) If section 51 of the other Act comes into force on royal assent day, and that day is after the day on which section 52 of the other Act has come into force, then
(a) that section 51 is deemed never to have come into force and is repealed; and
(b) this Act is amended in the manner set out in paragraphs (94)(b) to (d).
(96) If section 51 of the other Act comes into force before royal assent day, and section 52 of the other Act is not in force on royal assent day, then section 359 of this Act is replaced by the section 359 set out in subsection (91).
(97) If section 52 of the other Act comes into force before royal assent day, and section 51 of the other Act is not in force on royal assent day, then
(a) that section 51 is repealed; and
(b) this Act is amended in the manner set out in paragraphs (94)(b) to (d).
(98) If both sections 51 and 52 of the other Act come into force on royal assent day, then that section 51 is deemed to have come into force before that section 52, and that section 52 is deemed to have come into force before royal assent day, and subsection (91) applies as a consequence.
(99) On the first day on which both section 359 of this Act and section 28 of the other Act are in force, subsection 70(1) of the Trademarks Act is replaced by the following:
Application advertised
70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28, 29 and 36, subsections 38(6) to (8) and sections 39 and 40; and
(b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 to 29.1 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.
(100) If section 56 of the other Act comes into force before section 363 of this Act, then that section 363 is repealed.
(101) If section 363 of this Act comes into force before section 56 of the other Act, then that section 56 is repealed.
(102) If section 363 of this Act comes into force on the same day as section 56 of the other Act, then that section 56 is deemed to have come into force before that section 363 and subsection (100) applies as a consequence.
(103) If section 317 of this Act comes into force before any of the following provisions of the other Act, then any of the following provisions of the other Act that are not in force are repealed:
(a) section 8;
(b) section 9;
(c) section 12;
(d) section 13;
(e) subsection 15(1);
(f) subsection 15(3);
(g) subsection 24(1);
(h) subsection 24(2);
(i) section 32;
(j) subsection 33(1);
(k) section 41;
(l) section 47;
(m) section 49.
Coming into Force
Order in council
368. This Division, other than section 367, comes into force on a day to be fixed by order of the Governor in Council.
Division 26
R.S., c. T-13
Reduction of Governor in Council Appointments
369. The definition “Registrar” in section 2 of the Trade-marks Act is replaced by the following:
“Registrar”
« registraire »
“Registrar” means the Registrar of Trade-marks who is described in subsection 63(1);
1995, c. 1, s. 62(2)
370. Subsection 63(1) of the Act is replaced by the following:
Registrar
63. (1) There shall be a Registrar of Trade-marks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act. The Registrar shall be responsible to the Deputy Minister of Industry.
Division 27
R.S., c. O-9
Old Age Security Act
Amendments to the Act
1996, c. 18, s. 51(1); 2007, c. 11, s. 16(2)
371. Paragraph 11(7)(e) of the Old Age Security Act is replaced by the following:
(e) any month during which the pensioner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act.
1996, c. 18, s. 53(1); 2000, c. 12, par. 207(1)(f); 2007, c. 11, s. 19(3)
372. Paragraph 19(6)(d) of the Act is replaced by the following:
(d) any month during which the spouse or common-law partner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act;
1998, c. 21, s. 115(2); 2000, c. 12, par. 208(1)(d); 2007, c. 11, s. 20(3)
373. Paragraph 21(9)(c) of the Act is replaced by the following:
(c) any month during which the survivor is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act; or
Coming into Force
Order in council
374. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 28
New Bridge for the St. Lawrence Act
Enactment
375. The New Bridge for the St. Lawrence Act is enacted as follows:
An Act respecting a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge.
SHORT TITLE
Short title
1. This Act may be cited as the New Bridge for the St. Lawrence Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“bridge”
« pont »
“bridge” means a structure that spans the St. Lawrence River and connects the Island of Montreal to the City of Brossard, and includes
(a) a bridge that replaces the existing Champlain Bridge and connects Nuns’ Island to the City of Brossard;
(b) a bridge that replaces the existing Nuns’ Island Bridge and connects Montreal Island to Nuns’ Island; and
(c) the approaches to both bridges.
“construction”
« construction »
“construction” in relation to the bridge or a related work, includes demolition of existing structures and any other work or activity related to its construction.
“Minister”
« ministre »
“Minister” means the member of the Queen’s Privy Council for Canada designated under section 3.
“operation”
« exploitation »
“operation”, in relation to the bridge or a related work, includes its maintenance and repair.
“person”
« personne »
“person” means an individual, corporation, partnership or joint venture.
“related work”
« ouvrage connexe »
“related work” means any of the following:
(a) any work that is useful to the operation of the bridge, including a toll facility;
(b) any work that is accessory to the bridge or to any work referred to in paragraph (a), including any portion of Highway 15 situated between the approach to the Nuns’ Island Bridge and the Atwater interchange that is reconstructed and widened.
DESIGNATION
Power to designate Minister
3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
APPLICATION
Role of Minister
4. Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act, and the Minister’s powers, duties and functions include all matters relating to the bridge and related works.
Declaration
5. The bridge and related works are declared to be works for the general advantage of Canada.
Exemption — Bridges Act
6. (1) The Bridges Act does not apply to the bridge and related works.
Exemption — User Fees Act
(2) The User Fees Act does not apply in respect of the tolls, fees and other charges fixed by regulations made under paragraph 12(b).
AGREEMENTS
Minister of Public Works and Government Services
7. (1) The Minister of Public Works and Government Services may enter into an agreement with any person for any purpose relating to the design, construction or operation of the bridge or any related work, including an agreement respecting the collection of tolls, fees or other charges that may be imposed under this Act.
Authority to carry out agreement
(2) The Minister of Public Works and Government Services may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security.
Not agent of Her Majesty
(3) A person who enters into an agreement with the Minister of Public Works and Government Services under this section is not an agent of Her Majesty in right of Canada.
Implementation
8. The Minister may enter into any agreement that relates to the bridge or related work, or that is necessary for the implementation of an agreement entered into under section 7, with any person or with the government of the Province of Quebec or any municipality of that Province or any of their agencies or mandataries.
TOLLS, FEES OR OTHER CHARGES
Payment
9. Any owner of a vehicle using the bridge must pay any toll, fee or other charge that is applicable to the vehicle under this Act.
Charges recoverable
10. A toll, fee or other charge charged under this Act constitutes a debt owing to Her Majesty in right of Canada, and the amount of that debt is recoverable in any court of competent jurisdiction.
ORDER IN COUNCIL
Other exemptions
11. (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge or any related work.
Exemption from Statutory Instruments Act
(2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette.
Authorizations deemed issued
(3) After completion of the construction of the bridge or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1) is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted.
REGULATIONS
Ministerial regulations
12. The Minister may make regulations
(a) designating the contravention of any provision of this Act as an offence punishable on summary conviction and fixing the maximum fine payable for each offence; and
(b) fixing any tolls, fees or other charges to be charged with respect to vehicles, or categories of vehicles, using the bridge.
Division 29
Administrative Tribunals Support Service of Canada Act
Enactment of Act
Enactment
376. The Administrative Tribunals Support Service of Canada Act whose text is as follows and whose schedule is set out in Schedule 6 to this Act, is enacted:
An Act to establish the Administrative Tribunals Support Service of Canada
SHORT TITLE
Short title
1. This Act may be cited as the Administrative Tribunals Support Service of Canada Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“administrative tribunal”
« tribunal administratif »
“administrative tribunal” means a body referred to in the schedule to this Act.
“Chief Administrator”
« administrateur en chef »
“Chief Administrator” means the person appointed under subsection 5(1).
“Minister”
« ministre »
“Minister” means the Minister of Justice.
“Service”
« Service »
“Service” means the Administrative Tribunals Support Service of Canada established by section 3.
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CANADA
Establishment of Service
3. The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration.
Principal office
4. (1) The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.
Other offices
(2) The Chief Administrator may establish other offices of the Service elsewhere in Canada.
CHIEF ADMINISTRATOR
Appointment
5. (1) The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.
Re-appointment
(2) The Chief Administrator is eligible for re-appointment at the end of each term of office.
Status of Chief Administrator
6. The Chief Administrator has the rank and status of a deputy head of a department.
Absence or incapacity
7. (1) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council.
Powers, duties and functions
(2) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament.
Salary and expenses
8. (1) The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work.
Compensation
(2) The Chief Administrator is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Chief executive officer
9. The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it.
Responsibility
10. The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accord-ance with the rules that apply to its work.
General powers
11. (1) The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament.
Contracts, etc.
(2) The Chief Administrator may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist an administrative tribunal or any of its members.
Limitation
12. The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members.
Delegation
13. The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament.
ADMINISTRATIVE TRIBUNAL CHAIRPERSONS
For greater certainty
14. For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.
EMPLOYEES OF THE SERVICE
Appointment of employees
15. The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.
GENERAL
Deeming — filing documents and giving notice
16. Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be.
Deeming — amounts payable
17. Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service.
Amounts for operation of administrative tribunal
18. Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service.
Transitional Provisions
Definitions
377. The following definitions apply in sections 378 to 381.
“administrative tribunal”
« tribunal administratif »
“administrative tribunal” means any of the following:
(a) the Canadian Cultural Property Export Review Board;
(b) the Canadian Human Rights Tribunal;
(c) the Canada Industrial Relations Board;
(d) the Competition Tribunal;
(e) the Review Tribunal;
(f) the Canadian International Trade Tribunal;
(g) the Transportation Appeal Tribunal of Canada;
(h) the Social Security Tribunal;
(i) the Public Servants Disclosure Protection Tribunal;
(j) the Specific Claims Tribunal;
(k) the Public Service Labour Relations and Employment Board.
“Chief Administrator”
« administrateur en chef »
“Chief Administrator” has the same meaning as in section 2 of the Administrative Tribunals Support Service of Canada Act.
“Registry”
« greffe »
“Registry” means any of the following:
(a) the Registry of the Competition Tribunal;
(b) the Registry of the Public Servants Disclosure Protection Tribunal;
(c) the Registry of the Specific Claims Tribunal.
“Service”
« Service »
“Service” means the Administrative Tribunals Support Service of Canada established by section 3 of the Administrative Tribunals Support Service of Canada Act.
Employment continued — administrative tribunal
378. (1) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition “administrative tribunal” in section 377, except that the person is to, as of that day, occupy their position in the Service.
Employment continued — Public Service Labour Relations and Employment Board
(2) Nothing in this Division is to be construed as affecting the status of any person who, on the day on which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, is employed by the Public Service Labour Relations and Employment Board, except that the person is to, as of that day, occupy their position in the Service.
Employment continued — Registry
(3) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in a Registry, except that the person is to, as of that day, occupy their position in the Service.
Employment continued — portions of federal public administration
(4) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in one of the following portions of the federal public administration, except that the person is to, as of that day, occupy their position in the Service:
(a) the portion of the Department of Canadian Heritage known as the Canadian Cultural Property Export Review Board Secretariat;
(b) the portion of the Department of Agriculture and Agri-Food known as the Review Tribunal Support Service;
(c) the portion of the Department of Employment and Social Development known as the Social Security Tribunal Support Service.
Managerial or confidential position
(5) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Powers and duties
379. A person referred to in section 378 whom an administrative tribunal has authorised to exercise certain powers or perform certain duties or functions relat-ing to a matter before that administrative tribunal remains, on the day on which this Division comes into force, authorized to exercise those powers and perform those duties and functions despite the operation of that section.
Appropriations — administrative tribunal
380. (1) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition “administrative tribunal” in section 377 and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Public Service Labour Relations Board or Public Service Staffing Tribunal
(2) Any money that is appropriated by an Act of Parliament, for the fiscal year in which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, to defray any expenditure of the Public Service Labour Relations Board or the Public Service Staffing Tribunal and that, on the day on which that subsection 4(1) comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Registries
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of a Registry and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Department of Canadian Heritage
(4) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Canadian Heritage related to the Canadian Cultural Property Export Review Board and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Department of Agriculture and Agri-Food
(5) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Agriculture and Agri-Food related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Canadian Food Inspection Agency
(6) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Canadian Food Inspection Agency related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Appropriations — Department of Employment and Social Development
(7) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Employment and Social Development related to the Social Security Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.
Contracts
381. (1) A contract respecting the provision of services or materiel to an administrative tribunal entered into by one of the following persons is deemed to have been entered into by the Chief Administrator of the Service:
(a) a member, officer or employee of an administrative tribunal referred to in paragraph (b), (c), (f), (g) or (k) of the definition “administrative tribunal” in section 377;
(b) an officer or employee of a Registry;
(c) the Minister of Canadian Heritage or an officer or employee of the Department of Canadian Heritage;
(d) the Minister of Agriculture and Agri-Food or an officer or employee of the Department of Agriculture and Agri-Food;
(e) the Minister of Employment and Social Development or an officer or employee of the Department of Employment and Social Development.
References
(2) Unless the context otherwise requires, in a contract referred to in subsection (1), every reference to one of the persons referred to in paragraphs (1)(a) to (e) is to be read as a reference to the Chief Administrator of the Service.
Consequential Amendments
R.S., c. A-1
Access to Information Act
1998, c. 26, s. 71
382. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canada Industrial Relations Board
Conseil canadien des relations industrielles
383. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITU- TIONS”:
Canadian Cultural Property Export Review Board
Commission canadienne d’examen des exportations de biens culturels
1998, c. 9, s. 36
384. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITU- TIONS”:
Canadian Human Rights Tribunal
Tribunal canadien des droits de la personne
R.S., c. 47 (4th Supp.), s. 52 (Sch., subitem 1(2))
385. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITU- TIONS”:
Canadian International Trade Tribunal
Tribunal canadien du commerce extérieur
2005, c. 46, s. 55.1; 2006, c. 9, s. 221
386. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITU- TIONS”:
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
2008, c. 22, s. 44
387. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITU- TIONS”:
Specific Claims Tribunal
Tribunal des revendications particulières
388. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
R.S., c. C-34
Competition Act
R.S., c. 19 (2nd Supp.), s. 45
389. Section 89 of the Competition Act is replaced by the following:
Register of specialization agreements
89. (1) The Tribunal shall cause to be maintained a register of specialization agreements, and any modifications of those agreements, that the Tribunal has directed be registered, and any such agreements and modifications shall be included in the register for the periods specified in the orders.
Public register
(2) The register shall be accessible to the public.
R.S., c. C-51
Cultural Property Export and Import Act
1991, c. 49, s. 217(1)
390. Subsection 22(2) of the Cultural Property Export and Import Act is replaced by the following:
Valuation experts
(2) The power of the Chief Administrator of the Administrative Tribunals Support Serv-ice of Canada under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act may be exercised to engage the services of valuation experts to assist the Review Board in making determinations pursuant to section 30 respecting fair cash offers to purchase or pursuant to section 32 respecting the fair market value of objects disposed of, or proposed to be disposed of, to institutions or public authorities.
391. Section 23 of the Act and the heading before it are repealed.
1999, c. 17, s. 122; 2005, c. 38, par. 138(f)
392. Subsection 33(2) of the Act is replaced by the following:
Communication of information
(2) A member of the Review Board or an official of the Administrative Tribunals Support Service of Canada may communicate to an official of the Canada Revenue Agency, solely for the purposes of administering the Income Tax Act, information obtained under this Act for the purposes of administering this section and sections 32, 33.1 and 33.2.
R.S., c. E-15
Excise Tax Act
2007, c. 18, s. 19(1)
393. Subsection 216(4) of the Excise Tax Act is replaced by the following:
Appeals of determination of tax status
(4) In applying the Customs Act to a determination of the tax status of goods, the references in that Act to the “Canadian International Trade Tribunal” shall be read as references to the “Tax Court of Canada”.
R.S., c. F-11
Financial Administration Act
1998, c. 26, s. 75; SOR/99-152
394. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Canada Industrial Relations Board
Conseil canadien des relations industrielles
and the corresponding reference in column II to ‘‘Minister of Labour’’.
1998, c. 9, s. 43
395. Schedule I.1 to the Act is amended by striking out, in column I, the reference to
Canadian Human Rights Tribunal
Tribunal canadien des droits de la personne
and the corresponding reference in column II to ‘‘Minister of Justice’’.
1992, c. 1, s. 72
396. Schedule I.1 to the Act is amended by striking out, in column I, the reference to
Canadian International Trade Tribunal
Tribunal canadien du commerce extérieur
and the corresponding reference in column II to ‘‘Minister of Finance’’.
1992, c. 1, s. 72; 1995, c. 1, s. 43; 2005, c. 46, s. 56.3; 2006, c. 9, s. 222; 2008, c. 22, s. 47
397. Schedule I.1 to the Act is amended by striking out, in column I, the references to
Registry of the Competition Tribunal
Greffe du Tribunal de la concurrence
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
Registry of the Specific Claims Tribunal
Greffe du Tribunal des revendications particulières
and the corresponding references in column II to “Minister of Industry”, “Minister of Canadian Heritage” and “Minister of Indian Affairs and Northern Development”, respectively.
2001, c. 29, s. 54
398. Schedule I.1 to the Act is amended by striking out, in column I, the reference to
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
and the corresponding reference in column II to ‘‘Minister of Transport’’.
399. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
and a corresponding reference in column II to ‘‘Minister of Justice’’.
2003, c. 22, s. 11
400. Schedule IV to the Act is amended by striking out the following:
Canada Industrial Relations Board
Conseil canadien des relations industrielles
2003, c. 22, s. 11
401. Schedule IV to the Act is amended by striking out the following:
Canadian Human Rights Tribunal
Tribunal canadien des droits de la personne
2003, c. 22, s. 11
402. Schedule IV to the Act is amended by striking out the following:
Canadian International Trade Tribunal
Tribunal canadien du commerce extérieur
2003, c. 22, s. 11
403. Schedule IV to the Act is amended by striking out the following:
Competition Tribunal
Tribunal de la concurrence
2005, c. 46, s. 56.4; 2006, c. 9, s. 222; SOR/2012-58, s. 2
404. Schedule IV to the Act is amended by striking out the following:
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
Registry of the Specific Claims Tribunal
Greffe du Tribunal des revendications particulières
2003, c. 22, par. 265(b)
405. Schedule IV to the Act is amended by striking out the following:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
406. Schedule IV to the Act is amended by adding the following in alphabetical order:
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
2006, c. 9, s. 270
407. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Canada Industrial Relations Board
Conseil canadien des relations industrielles
and the corresponding reference in column II to ‘‘Chairperson’’.
2006, c. 9, s. 270
408. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Canadian Human Rights Tribunal
Tribunal canadien des droits de la personne
and the corresponding reference in column II to ‘‘Chairperson’’.
2006, c. 9, s. 270
409. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Canadian International Trade Tribunal
Tribunal canadien du commerce extérieur
and the corresponding reference in column II to ‘‘Chairperson’’.
2006, c. 9, s. 275
410. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Public Servants Disclosure Protection Tribunal
Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
and the corresponding reference in column II to ‘‘Registrar’’.
2006, c. 9, s. 270; 2008, c. 22, s. 49
411. Part III of Schedule VI to the Act is amended by striking out, in column I, the references to
Registry of the Competition Tribunal
Greffe du Tribunal de la concurrence
Registry of the Specific Claims Tribunal
Greffe du Tribunal des revendications particulières
and the corresponding references in column II to ‘‘Registrar’’.
2006, c. 9, s. 270
412. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
and the corresponding reference in column II to ‘‘Chairperson’’.
413. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
and a corresponding reference in column II to “Chief Administrator”.
R.S., c. H-6
Canadian Human Rights Act
1998, c. 9, s. 27
414. Subsection 48.4(2) of the Canadian Human Rights Act is replaced by the following:
Functions of Chairperson
(2) The Chairperson has supervision over and direction of the work of the Tribunal, including the allocation of work among the members and the management of the Tribunal’s internal affairs.
1998, c. 9, s. 27
415. Section 48.8 of the Act is repealed.
R.S., c. L-2
Canada Labour Code
1998, c. 26, s. 2
416. (1) The portion of subsection 12.01(1) of the Canada Labour Code before paragraph (a) is replaced by the following:
Functions of Chairperson
12.01 (1) The Chairperson has supervision over and direction of the work of the Board, including
1998, c. 26, s. 2
(2) Subsection 12.01(1) of the Act is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
1998, c. 26, s. 2
(3) Subsection 12.01(3) of the Act is repealed.
1998, c. 26, s. 2
417. Sections 13 and 13.1 of the Act are replaced by the following:
Head office
13. The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act.
1998, c. 26, s. 3(3)
418. Paragraph 15(p) of the Act is replaced by the following:
(p) the authority of any person to act on behalf of the Board and the matters and things to be done and the action to be taken by that person, including the authority of an employee of the Administrative Tribunals Support Service of Canada to make decisions on uncontested applications or questions; and
1998, c. 26, s. 4
419. Subsection 15.1(1) of the Act is replaced by the following:
General power to assist parties
15.1 (1) The Board or any member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
1999, c. 31, par. 162(p)(E); 2003, c. 22, par. 224(o)(E)
420. Section 119 of the Act is replaced by the following:
Member of Board, conciliation board, etc., not required to give evidence
119. (1) No member of the Board or a conciliation board, conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.
Chief Administrator and employees not required to give evidence
(2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.
R.S., c. P-21
Privacy Act
1998, c. 26, s. 78
421. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canada Industrial Relations Board
Conseil canadien des relations industrielles
422. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian Cultural Property Export Review Board
Commission canadienne d’examen des exportations de biens culturels
1998, c. 9, s. 45
423. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian Human Rights Tribunal
Tribunal canadien des droits de la personne
R.S., c. 47 (4th Supp.), s. 52, (Sch., subitem 7(2))
424. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian International Trade Tribunal
Tribunal canadien du commerce extérieur
2005, c. 46, s. 58.1; 2006, c. 9, s. 224
425. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Registry of the Public Servants Disclosure Protection Tribunal
Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles
2008, c. 22, s. 50
426. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Specific Claims Tribunal
Tribunal des revendications particulières
427. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
R.S., c. S-15
Special Import Measures Act
428. The definition “Secretary” in subsection 2(1) of the Special Import Measures Act is repealed.
1999, c. 12, s. 17
429. Subsection 34(2) of the Act is replaced by the following:
Tribunal to make preliminary inquiry
(2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.
1988, c. 65, s. 31; 1994, c. 47, par. 186(d)
430. Paragraph 41.1(2)(b) of the Act is replaced by the following:
(b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal and the Canadian Secretary.
1994, c. 47, s. 169
431. (1) The portion of subsection 42(1) of the Act before paragraph (a) is replaced by the following:
Tribunal to make inquiry
42. (1) The Tribunal, forthwith after receipt pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances:
1994, c. 47, s. 169
(2) The portion of subsection 42(2) of the Act before paragraph (a) is replaced by the following:
Tribunal to make or resume inquiry
(2) Where the Tribunal receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, it shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing
432. (1) Subsection 43(1) of the Act is replaced by the following:
Tribunal to make order or finding
43. (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.
2005, c. 38, par. 134(z.2)
(2) Subsection 43(2) of the Act is replaced by the following:
Notice of order or finding
(2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal
(a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and
(b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.
1988, c. 65, s. 32(2)
(3) Subsection 43(3) of the Act is replaced by the following:
Publication of notice
(3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.
2002, c. 8, s. 170(E)
433. Paragraph 44(2)(a) of the Act is replaced by the following:
(a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and
1997, c. 14, s. 91
434. The portion of subsection 47(3) of the Act before paragraph (a) is replaced by the following:
Notice of termination
(3) The Tribunal shall
1988, c. 65, s. 36
435. Subparagraph 53.1(2)(a)(ii) of the Act is replaced by the following:
(ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and
1993, c. 44, s. 216; 2005, c. 38, par. 134(z.15)
436. Subsection 61(1) of the Act is replaced by the following:
Appeal to Tribunal
61. (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made.
1999, c. 12, s. 36
437. (1) Subsection 76.01(4) of the Act is replaced by the following:
Order if interim review not initiated
(4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
1999, c. 12, s. 36
(2) The portion of subsection 76.01(6) of the Act before paragraph (a) is replaced by the following:
Completion of review
(6) On completion of an interim review, the Tribunal shall
1999, c. 12, s. 36
438. The portion of subsection 76.02(5) of the Act before paragraph (a) is replaced by the following:
Notice
(5) On completion of a review, the Tribunal shall
1999, c. 12, s. 36
439. (1) Subsection 76.03(5) of the Act is replaced by the following:
Order of refusal
(5) If the Tribunal decides not to initiate an expiry review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
1999, c. 12, s. 36
(2) The portion of subsection 76.03(6) of the Act before paragraph (a) is replaced by the following:
Notice
(6) If the Tribunal decides to initiate an expiry review, it shall without delay
1988, c. 65, s. 42
440. Section 77.14 of the French version of the Act is replaced by the following:
Dossier
77.14 Une fois les membres choisis, l’autorité compétente fait transmettre, conformément aux règles, copie du dossier administratif.
441. Paragraph 90(c) of the Act is replaced by the following:
(c) shall not, if a statement pursuant to paragraph 89(2)(b) is made in the request, give its ruling on the question until after it makes an order or finding in the inquiry commenced as a consequence of its receipt of notice of the preliminary determination referred to in that paragraph, unless, after the request is made to the Tribunal, it receives notice pursuant to subsection 41(4) that the investigation has been terminated pursuant to subsection 41(1) in respect of the goods specified in the preliminary determination, in which case the Tribunal shall give its ruling on the question forthwith after it receives that notice.
2005, c. 38, par. 134(z.34)
442. (1) The portion of paragraph 91(3)(b) of the Act before subparagraph (i) is replaced by the following:
(b) the Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons and governments as may be specified by the rules of the Tribunal
1988, c. 65, s. 43(1)
(2) Paragraph 91(3)(c) of the Act is replaced by the following:
(c) where the Tribunal makes another order or finding pursuant to paragraph (a), it shall cause notice of the order or finding to be published in the Canada Gazette.
Replacement of references — “Secretary”
443. The Act is amended by replacing “Secretary” with “Tribunal” in the following provisions:
(a) subparagraph 34(1)(a)(i);
(b) subparagraph 35(2)(b)(i);
(c) paragraph 38(3)(b);
(d) paragraphs 41(3)(b) and (4)(b);
(e) paragraph 41.1(1)(b);
(f) subsection 45(2);
(g) paragraphs 52(1)(e) and (1.1)(e);
(h) subsection 53(4);
(i) subparagraph 53.1(1)(a)(ii);
(j) subsection 61(2);
(k) subsection 76.03(2) and paragraph 76.03(7)(b); and
(l) subparagraph 91(1)(d)(ii).
Application
444. The following provisions of the Act, as enacted or amended by sections 429 to 443, apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act:
(a) subparagraph 34(1)(a)(i) and subsection 34(2);
(b) paragraph 35(2)(b);
(c) paragraph 38(3)(b);
(d) paragraphs 41(3)(b) and (4)(b);
(e) subsections 41.1(1) and (2);
(f) subsections 42(1) and (2);
(g) subsections 43(1) to (3);
(h) subsection 44(2);
(i) subsection 45(2);
(j) subsection 47(3);
(k) paragraphs 52(1)(e) and (1.1)(e);
(l) subsection 53(4);
(m) subsections 53.1(1) and (2);
(n) subsections 61(1) and (2);
(o) subsections 76.01(4) and (6);
(p) subsection 76.02(5);
(q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b);
(r) section 77.14;
(s) paragraph 90(c); and
(t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c).
R.S., c. 1 (2nd Supp.)
Customs Act
1997, c. 36, s. 172
445. (1) Paragraph 71(1)(b) of the Customs Act is replaced by the following:
(b) in sections 67 and 68, the expression “court” is deemed to be substituted for the expression “Canadian International Trade Tribunal”.
1990, c. 17, s. 16(1); 1998, c. 30, par. 12(a)
(2) The definition “clerk of the court” in subsection 71(2) of the Act is repealed.
Replacement of references — “the Secretary of the Canadian International Trade Tribunal”
446. The Act is amended by replacing “the Secretary of the Canadian International Trade Tribunal” with “the Canadian International Trade Tribunal” in the following provisions:
(a) subsection 60.2(2);
(b) subsections 67(1) and (2); and
(c) subsection 67.1(3).
R.S., c. 19 (2nd Supp.)
Competition Tribunal Act
447. Section 14 of the Competition Tribunal Act is repealed.
448. Paragraph 16(1)(b) of the Act is replaced by the following:
(b) for carrying out the work of the Tribunal and the management of its internal affairs.
R.S., c. 20 (4th Supp.)
Canada Agricultural Products Act
1995, c. 40, s. 29
449. Section 4.3 of the Canada Agricultural Products Act is replaced by the following:
Contractual assistance
4.3 The Board may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Board to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.
1995, c. 40, s. 29
450. Subsection 5(3) of the Act is replaced by the following:
Duties of Chairperson of Board
(3) The Chairperson of the Board is the chief executive officer of the Board and shall apportion work among its members.
Duties of Chairperson of Tribunal
(4) The Chairperson of the Tribunal shall apportion work among its members.
1995, c. 40, s. 30; 2003, c. 22, par. 224(i)(E)
451. Subsection 6(4) of the Act is replaced by the following:
Staff and facilities
(4) The Minister may provide the Board with any officers and employees from within the federal public administration and any facilities and professional advisers that are necessary for the proper conduct of the business of the Board.
R.S., c. 47 (4th Supp.)
Canadian International Trade Tribunal Act
1999, c. 12, par. 61(a)(E)
452. Section 7 of the Canadian International Trade Tribunal Act is replaced by the following:
Duties of Chairperson
7. The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,
(a) the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and
(b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.
1999, c. 12, par. 61(d)(E)
453. The heading before section 14 and sections 14 and 15 of the Act are repealed.
1994, c. 47, s. 43
454. Subsection 44.1(1) of the Act is replaced by the following:
Information to be disclosed
44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.
1999, c. 12, s. 59(1)
455. (1) The portion of subsection 45(3.1) of the Act before paragraph (a) is replaced by the following:
Disclosure to Tribunal’s experts
(3.1) Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to
(2) Subsection 45(5) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and
1999, c. 12, s. 60; 2005, c. 38, par. 55(c)
456. Paragraph 49(b) of the Act is replaced by the following:
(b) the President indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with it under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,
Application
457. Section 7, subsections 44.1(1) and 45(3.1) and (5) and paragraph 49(b) of the Act, as enacted or amended by sections 452 and 454 to 456, apply to goods of a NAFTA country as defined in subsection 2(2) of that Act.
R.S., c. 1 (5th Supp.)
Income Tax Act
458. Subparagraph 241(4)(d)(xii) of the Income Tax Act is replaced by the following:
(xii) to a member of the Canadian Cultural Property Export Review Board or an official of the Administrative Tribunals Support Service of Canada solely for the purposes of administering sections 32 to 33.2 of the Cultural Property Export and Import Act,
1991, c. 30
Public Sector Compensation Act
459. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading ‘‘OTHER PORTIONS OF THE PUBLIC SERVICE”:
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
1992, c. 33
Status of the Artist Act
2012, c. 19, s. 538
460. Subsection 19(2) of the Status of the Artist Act is replaced by the following:
Consultation
(2) In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada.
2012, c. 19, s. 556(5)
461. 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 an employee of the Administrative Tribunals Support Service of Canada, 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.
2012, c. 19, s. 563
462. Section 65 of the Act is replaced by the following:
Persons not required to give evidence
65. (1) No member of the Board or person appointed by the Board 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 their duties under this Part.
Chief Administrator and employees not required to give evidence
(2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.
1995, c. 44
Employment Equity Act
1998, c. 9, s. 39(1)
463. Subsection 28(7) of the Employment Equity Act is repealed.
2001, c. 29
Transportation Appeal Tribunal of Canada Act
464. The portion of subsection 5(1) of the Transportation Appeal Tribunal of Canada Act before paragraph (a) is replaced by the following:
Duties of Chairperson
5. (1) The Chairperson has supervision over, and direction of, the work of the Tribunal, including
2003, c. 22, par. 225(z.26)(E)
465. Section 10 of the Act is repealed.
2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act
466. The Department of Employment and Social Development Act is amended by adding the following after section 60:
Services and facilities
60.1 (1) The Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal.
Spending authority
(2) The Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.
2012, c. 19, s. 224
467. Section 63 of the Act is replaced by the following:
Expenses and allowances
63. (1) Any party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator.
Payments
(2) Any amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada.
2005, c. 46
Public Servants Disclosure Protection Act
2006, c. 9, s. 201
468. Section 20.8 of the Public Servants Disclosure Protection Act is repealed.
2008, c. 22
Specific Claims Tribunal Act
469. Section 10 of the Specific Claims Tribunal Act and the heading before it are repealed.
470. The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Rules of the Tribunal
12. (1) A committee of no more than six Tribunal members, appointed by the Chairperson, may make general rules for carrying out the work of the Tribunal and the management of its internal affairs, as well as rules governing its practice and procedures, including rules governing
2013, c. 40
Economic Action Plan 2013 Act, No. 2
471. (1) Section 365 of the Economic Action Plan 2013 Act, No. 2 is amended by replacing the section 13 that it enacts with the following:
Head office
13. The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.
(2) Section 365 of the Act is amended by replacing the section 23 that it enacts with the following:
General power to assist parties
23. The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
(3) Section 365 of the Act is amended by replacing the portion of section 25 before paragraph (a) that it enacts with the following:
Chairperson’s duties
25. The Chairperson has supervision over and direction of the Board’s work, including
(4) Section 365 of the Act is amended by replacing the heading before section 28 and sections 28 to 30 that it enacts with the following:
Experts
Experts and advisors
30. The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.
(5) Section 365 of the Act is amended by replacing the section 31 that it enacts with the following:
Board members and experts not compellable
31. (1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.
Chief Administrator and employees not compellable
(2) The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.
(6) Section 365 of the Act is amended by replacing the section 33 that it enacts with the following:
Immunity from proceedings — Board members, experts and others
33. (1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.
Immunity from proceedings — Chief Administrator and employees
(2) No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or perform-ance of their powers, duties or functions in providing services to the Board.
472. Subsection 366(2) of the Act is amended by replacing the paragraph 2(3)(a) that it enacts with the following:
(a) the person is engaged under section 30 of the Public Service Labour Relations and Employment Board Act; or
473. Subsection 404(2) of the Act is repealed.
474. Section 413 of the Act is amended by replacing the subsection 111(2) that it enacts with the following:
Meaning of “deputy head”
(2) For the purposes of this Part, “deputy head” includes a Commissioner appointed under subsection 4(5).
475. Section 447 of the Act is repealed.
476. Section 452 of the Act is repealed.
477. Section 455 of the Act is repealed.
478. Section 458 of the Act is repealed.
479. Section 460 of the Act is repealed.