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Bill C-44

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Transitional Provisions

Labour adjustment benefits

155. 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 142 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

156. 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who has been certified under section 11 of the Labour Adjustment Benefits Act before the day on which that section was repealed by section 143 of this Act to apply for or to receive labour adjustment benefits under section 13 of that Act.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

157. 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-Chairperson , such additional number of Vice-Chairpersons , not exceeding four, as the Governor in Council considers advisable and

158. (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(5) of the English version of the Act is replaced by the following:

Re-
appointment

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

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

Remunera-
tion 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 responsibilities 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 expenses 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.

160. 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 .

161. 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-chairperson .

Terminology

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

Terminology

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

Conditional Amendment

Bill C-19

163. If Bill C-19, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, is assented to, then

    (a) if section 2 of that Act comes into force before sections 157 to 160 and subsection 162(1) of this Act, sections 157 to 160 and subsection 162(1) are repealed; and

    (b) if sections 59, 60 and 61 of that Act come into force before section 161 and subsections 162(2) and (3) of this Act, section 161 and subsections 162(2) and (3) are repealed.

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

164. (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:

Remunera-
tion

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

165. Subsection 24(5) of the Act is replaced by the following:

Compensa-
tion

(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

166. (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 Governor in Council, on the recommendation of the Minister after consultation with the Corporation , to hold office for a term not exceeding five years.

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

Remunera-
tion

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

167. Subsection 13(2) of the Act is replaced by the following:

Compensa-
tion

(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.

168. 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.

National Energy Board

R.S., c. N-7

Amendments to the National Energy Board Act

169. Subsection 3(3) of the National Energy Board Act is replaced by the following:

Re-
appointment and retirement

(3) A member appointed pursuant to subsection (2) is eligible to be re-appointed to hold office during good behaviour for any term of seven years or less.

170. The Act is amended by adding the following after section 5:

Compensa-
tion

5.1 The members of the Board 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.

1990, c. 7, s. 4

171. Section 6 of the English version of the Act and the heading before it are replaced by the following:

Chairperson and Vice-Chairperson

Chairperson and Vice-
Chairperson

6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Board and another of the members to be Vice-Chairperson of the Board.

Duties of Chairperson

(2) The Chairperson is the chief executive officer of the Board, and has supervision over and direction of the work and staff of the Board.

Duties of Vice-
Chairperson

(3) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-Chairperson has all the powers and functions of the Chairperson .

Acting Chairperson

(4) The Board may authorize one or more of its members to act as Chairperson for the time being in the event that the Chairperson and Vice-Chairperson are absent or unable to act or if the offices are vacant.

172. Subsection 92(1) of the Act is replaced by the following:

Membership

92. (1) An Arbitration Committee shall consist of not less than three members appointed by the Minister each of whom shall receive such remuneration as is fixed by the Minister.

Terminology

173. The English version of the Act is amended by replacing the word ``Chairman'' with the word ``Chairperson'' in the following provisions:

    (a) subsection 4(1);

    (b) subsection 15(1);

    (c) subsection 92(3);

    (d) subsection 92(5); and

    (e) subsection 93(2).

National Film Board

R.S., c. N-8

Amendments to the National Film Act

1995, c. 29, s. 57

174. (1) Subsection 4(2) of the National Film Act is replaced by the following:

Tenure of office

(2) Each member of the Board, other than the Commissioner and the the executive director of the Canadian Film Development Corporation, holds office during pleasure for three years.

Tenure of office

(2) For greater certainty, each person who holds office as a member of the National Film Board immediately before the coming into force of subsection (1) continues in office during good behaviour for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

1995, c. 29, s. 58

175. Section 6 of the Act is replaced by the following:

Fees and expenses

6. A member of the Board, other than the Commissioner, the executive director of the Canadian Film Development Corporation or a member of the Board who is a member of the public service of Canada, may be paid such fee for each meeting of the Board that the member attends as may be fixed by by-law of the Board, and the members of the Board are entitled to be paid reasonable travel and living expenses 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.

176. Subsection 7(4) of the Act is repealed.

177. The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:

Powers of Board

10. (1) The Board may, for the purposes for which it is established,

178. Subsection 13(4) of the Act is repealed.

179. (1) Subsections 16(1) and (2) of the Act are replaced by the following:

Appointment and remuneration

16. (1) There shall be a Government Film Commissioner who shall be appointed by the Governor in Council on the recommendation of the Minister after consultation with the Board and paid such remuneration as the Governor in Council may determine.

Appointment

(2) The Commissioner shall be appointed to hold office during pleasure for a period not exceeding five years.

Tenure of office

(2) For greater certainty, the person who holds office as the Government Film Commissioner immediately before the coming into force of subsection (1) continues in office during good behaviour for the remainder of the term for which the person was appointed, but may be removed by the Governor in Council for cause.

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