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Bill C-49

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Notification of decision

(4) Where the Minister revokes the certifi cation of an employee pursuant to subsection (1), the Minister shall notify the employee and the Commission in writing of the revocation.

(2) Subsection 24(7) of the Act is re pealed.

167. (1) Subsection 28(1) of the Act is repealed.

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

Information

(3) The following persons, namely,

    (a) any person who is occupying any premises or place described in subsection (2), every person found therein and the servants or agents of the occupier,

    (b) any person who can reasonably be considered to be or have been an employer of an employee, the servants and agents of that person and the trustees in bankruptcy, administrators or liquidators concerned with that person's estate, and

    (c) any person who has been employed by, or has acted as agent for, any person described in paragraph (a) or (b)

shall forthwith on being requested by an offi cer referred to in subsection (2), whether oral ly or in writing, produce to the officer or any person designated by the officer all such docu ments or other information relating to the ad ministration of this Act as the officer requests.

(3) Subsection 28(4) of the Act is re pealed.

(4) Subsection 28(6) of the Act is replaced by the following:

Powers of Commissioner

(6) Every officer authorized to receive or administer any oath, solemn affirmation or statutory declaration pursuant to subsection (5) has for those purposes all the powers of a commissioner for administering oaths or affi davits.

168. Section 30 of the Act is repealed.

169. (1) Subsection 31(1) of the Act is repealed.

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

Amendment of decision

(4) The Commission may rescind or amend any decision it takes under this Act on the presentation of new facts or on being satisfied that the decision was given without knowl edge of, or was based on a mistake as to, some material fact.

170. Subsection 32(1) of the Act is re placed by the following:

Confidential information

32. (1) All written or oral information that is obtained by the Commission in the course of carrying out its duties under this Act is privileged and shall be made available only to persons engaged in the administration or enforcement of this Act and the Commission, the Minister or any such person is not compellable to give evidence relating to that information or to produce any document containing that information.

171. Paragraph 34(a) of the Act is re placed by the following:

    (a) in relation to an application under section 13, a review under subsection 16(1) or a report under subsection 22(2), makes, or participates or acquiesces in the making of, a statement or representation that the person knows to be false or misleading,

172. Section 36 of the Act is replaced by the following:

Reports

36. (1) The Minister shall, as soon as possible after March 31 in each year, prepare a report on the administration of this Act during the preceding twelve months including a statement showing the number, during the twelve months, of persons to whom labour adjustment benefits were paid and the Minis ter shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day the Minister completes it.

Information

(2) The Commission shall, on the request of the Minister, provide the Minister with such information on the administration of this Act as the Minister may require to prepare the report under subsection (1).

Conditional Amendment

Bill C-12

173. If Bill C-12, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting Employment In surance in Canada, is assented to, then, on the later of the coming into force of section 1 of that Act and the coming into force of subsection 165(2) of this Act, subsection 17(3) of the Labour Adjustment Benefits Act is replaced by the following:

Additional benefits

(3) Where a qualified employee was certi fied after the week his or her benefits under the Employment Insurance Act subsequent to the lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to the employee under this Act, labour adjust ment benefits are payable from the later of

    (a) that week, and

    (b) the week during which the employee applied for certification

to the week during which the employee was so certified.

Transitional Provisions

Labour adjustment benefits

174. Where an order made under section 3 or 4 of the Labour Adjustment Benefits Act, as that Act read immediately before the coming into force of section 160 of this Act, is revoked or ceases to be in force before the day on which that section of this Act comes into force, the right of an employee who was laid off during the period in which the order was in force to apply for or to receive labour adjustment benefits under section 13 of that Act is not affected.

Labour adjustment benefits

175. The closing out of the affairs of the Labour Adjustment Review Board does not affect the right of an employee who has been certified under section 11 of the Labour Adjustment Benefits Act before the day on which that section was repealed by section 161 of this Act to apply for or to receive labour adjustment benefits under section 13 of that Act.

Canada Labour Relations Board

R.S., c. L-2

Amendments to the Canada Labour Code

176. The portion of subsection 9(2) of the English version of the Canada Labour Code before paragraph (a) is replaced by the following:

Composition of Board

(2) The Canada Labour Relations Board shall consist of a Chairperson , a Vice-Chair person , such additional number of Vice- Chairpersons , not exceeding four, as the Governor in Council considers advisable and

177. (1) Paragraph 10(1)(a) of the English version of the Act is replaced by the following:

    (a) in the case of the Chairperson and a Vice-Chairperson , ten years;

(2) Subsection 10(3) of the Act is replaced by the following:

Eligibility limited

(3) A person is not eligible to hold office as a member of the Board if the person

    (a) is not a Canadian citizen or permanent resident within the meaning of the Immigra tion Act ; or

    (b) holds any other employment or office in respect of which that person receives any remuneration.

(3) Subsection 10(5) of the English ver sion of the Act is replaced by the following:

Re-
appointment

(5) Subject to subsection (3), a retiring Chairperson, Vice-Chairperson or other mem ber of the Board may be re-appointed to the Board in the same or another capacity.

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

Remuneration and fees

12. (1) The full-time members of the Board shall be paid any remuneration and the part-time members of the Board and members of the Board carrying out duties or responsibi lities under section 11 shall be paid any fees that are fixed by the Governor in Council.

Travel and living expenses

(2) The members of the Board are entitled to be paid reasonable travel and living ex penses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

179. Subsection 14(1) of the English version of the Act is replaced by the following:

Quorum

14. (1) At any meeting of the Board for the conduct of its business or for any proceeding before the Board, at least three members shall be present, one of whom shall be either the Chairperson or a Vice-Chairperson .

180. Subsection 139(3) of the English version of the Act is replaced by the following:

Chairperson and vice-
chairperson

(3) The Governor in Council shall designate one of the members of the Advisory Council to be chairperson and one to be vice-chairper son .

Terminology

181. (1) The English version of the Act is amended by replacing the word ``Chair man'' with the word ``Chairperson'' in subsection 9(3).

Terminology

(2) The English version of the Act is amended by replacing the word ``chair man'' with the word ``chairperson'' in the following provisions:

    (a) the definition ``arbitration board'' in subsection 3(1);

    (b) subsections 57(4) to (6);

    (c) section 59;

    (d) section 62;

    (e) paragraph 63(b);

    (f) subsection 64(1);

    (g) subsection 76(2);

    (h) subsections 82(3) and (4);

    (i) subsections 85(1) and (2);

    (j) section 116; and

    (k) subsections 137.1(2) to (4).

Terminology

(3) The English version of the Act is amended by replacing the word ``co-chair men'' with the word ``co-chairpersons'' in subsections 219(2) and (3).

National Gallery of Canada, Canadian Museum of Civilization, Canadian Museum of Nature and National Museum of Science and Technology

1990, c. 3

Amendments to the Museums Act

182. Subsection 18(2) of the Museums Act is replaced by the following:

Qualifica-
tions

(2) A person is not eligible to be appointed as a member of the Board if that person is not a Canadian citizen or permanent resident within the meaning of the Immigration Act .

183. (1) Subsection 23(1) of the Act is replaced by the following:

Director

23. (1) There shall be a Director of each museum, who shall be appointed by the Governor in Council, on the recommendation of the Minister after consultation with the Board of the museum, to hold office during pleasure for a term not exceeding five years.

(2) Subsection 23(5) of the Act is replaced by the following:

Remuneration

(5) The Director shall be paid by the museum such remuneration as the Governor in Council may determine.

184. Subsection 24(5) of the Act is re placed by the following:

Compensation

(5) The trustees, Director , officers and employees of a museum are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

National Arts Centre

R.S., c. N-3

Amendments to the National Arts Centre Act

185. (1) Subsection 6(1) of the National Arts Centre Act is replaced by the following:

Director

6. (1) There shall be a Director of the Centre, who shall be appointed by the Gover nor in Council, on the recommendation of the Minister after consultation with the Corpora tion , to hold office for a term not exceeding five years.

(2) Subsection 6(3) of the Act is replaced by the following:

Remuneration

(3) The Director shall be paid by the Corporation any remuneration that is fixed by the Governor in Council.

186. Subsection 13(2) of the Act is re placed by the following:

Compensation

(2) The Director, members of the Board and the officers and employees of the Corporation are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

187. Section 14 of the Act is replaced by the following:

Not agent of Her Majesty or part of public service

14. The Corporation is not an agent of Her Majesty and, except as provided in section 13, the members of the Board and the officers and employees of the Corporation are not part of the public service of Canada.

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