Bill C-17

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	Reinstatement
Employer's duty to reinstate	285.02 (1) If an officer or non-commissioned member of the reserve force is called out on service in respect of an emergency, the officer's or member's employer shall reinstate the officer or member in employment at the expiry of that service.
Nature of reinstatement	(2) The officer or member must be reinstated in a capacity and under terms and conditions of employment no less favourable to the officer or member than those that would have applied if the officer or member had remained in the employer's employment.
Officer or member must apply	(3) An officer or member who wishes to be reinstated must apply to the employer for reinstatement within ninety days after the expiry of the officer's or member's actual service or service deemed extended by virtue of section 285.03.
Exception	(4) The employer's duty to reinstate an officer or member does not apply in the circumstances prescribed in regulations made by the Governor in Council.
Application procedure	(5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council.
Hospitalizatio n or incapacity	285.03 If, immediately following the officer's or member's service, the officer or member is hospitalized or is physically or mentally incapable of performing the duties of the position to which the officer or member would have been entitled on reinstatement, the period of hospitalization or incapacity, to a maximum prescribed in regulations made by the Governor in Council, is deemed for the purposes of this Part to be part of the period of the officer's or member's service.
Benefits and obligations on reinstatement	285.04 On reinstatement, an officer's or member's benefits, and the employer's obligations, in respect of remuneration, pension, promotion, permanent status, seniority, paid vacation and other employment benefits shall be in accordance with regulations made by the Governor in Council.
Agreements or arrangements	285.05 Any agreement or arrangement between an employer and an officer or member respecting reinstatement continues in force, except to the extent that it is less advantageous to the officer or member than is this Part.
Termination without reasonable cause	285.06 During the one-year period following an officer's or member's reinstatement,
	(a) the employer shall not terminate the officer's or member's employment without reasonable cause; and
	(b) if the employer terminates the officer's or member's employment, the onus, in any prosecution under section 285.08, is on the employer to establish that the employer had reasonable cause.
	Administration and Enforcement
Reinstatement Officers	285.07 (1) The Minister may designate any person as a Reinstatement Officer to assist in the administration and enforcement of this Part, and shall issue to a Reinstatement Officer a certificate of designation.
Powers and duties	(2) The powers and duties of Reinstatement Officers are those prescribed in regulations made by the Governor in Council.
Requests for information	(3) A Reinstatement Officer may make reasonable requests of an employer for information relating to the reinstatement of an officer or member.
	Offence and Punishment
Offence	285.08 (1) Every employer who contravenes section 285.02 or 285.06 or a regulation made for the purpose of section 285.04 is guilty of an offence punishable on summary conviction.
Additional order	(2) A court that convicts an employer of an offence under subsection (1) may, in addition to any other punishment that it imposes, order the employer to pay to the officer or member affected an amount that the court considers reasonable in the circumstances.
Special case	(3) The failure of an officer or member to perform the duties of their position during a period when the officer or member is being assisted by a Reinstatement Officer is not reasonable cause for terminating the officer's or member's employment.
Offence	285.09 Every person who fails to comply with a reasonable request made under subsection 285.07(3) is guilty of an offence punishable on summary conviction.
Minister may prosecute	285.1 The Minister shall institute and conduct a prosecution under section 285.08, without cost to the officer or member, if the Minister considers that the circumstances warrant a prosecution under that section.
Time limit	285.11 Proceedings may be instituted under section 285.08 or 285.09 within, but not later than, one year after the time when the subject-matter of the proceedings arose.
	General
Inconsistency with other laws	285.12 In the event of any inconsistency between this Part, or regulations made for the purposes of this Part, and any other law, this Part or the regulations prevail to the extent of the inconsistency.
Consultation	285.13 In the implementation of this Part, the Minister
	(a) shall consult with the provincial governments; and
	(b) may consult with any persons, associations, bodies and authorities that the Minister considers to be in a position to assist the Minister.
	PART VIII
	OFFENCES TRIABLE BY CIVIL COURTS
	Application
	81. The Act is amended by replacing the words ``Part VII'' with the words ``Part VIII'' wherever they occur in the following provisions:
	(a) the portion of subsection 2(2) before paragraph (a); and
	(b) subsections 130(1) and (2).
	PART 14
R.S., c. N-7	NATIONAL ENERGY BOARD ACT
	*82. The National Energy Board Act* is amended by adding the following after section 16.1:**
Confidentialit y	16.2 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that
	(a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and
	(b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.
	83. (1) Subsection 26(1) of the Act is replaced by the following:
Study and review	26. (1) The Board shall study and keep under review matters over which Parliament has jurisdiction relating to
	(a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, exchange and disposal of, energy and sources of energy in and outside Canada; and
	(b) the safety and security of pipelines and international power lines.
Report and recommendati ons to Minister	(1.1) The Board shall report on the matters referred to in subsection (1) from time to time to the Minister and shall recommend to the Minister such measures within the jurisdiction of Parliament as it considers necessary or advisable in the public interest for
	(a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and
	(b) the safety and security of pipelines and international power lines.
	(2) The portion of subsection 26(2) of the Act before paragraph (a) is replaced by the following:
Request of Minister	(2) The Board shall, with respect to energy matters, sources of energy and the safety and security of pipelines and international power lines,
1994, c. 10, s. 22	(3) The portion of subsection 26(4) of the Act before paragraph (a) is replaced by the following:
Other advisory functions	(4) The Board and its officers and employees may, on request, provide advice about energy matters, sources of energy and the safety and security of pipelines and international power lines to
1990, c. 7, s. 17	84. (1) Subsection 48(1) of the Act is replaced by the following:
Safety and security	48. (1) To promote the safety and security of operation of a pipeline, the Board may order a company to repair, reconstruct or alter part of the pipeline, and may direct that, until the work is done, that part of the pipeline not be used or be used in accordance with such terms and conditions as the Board may specify.
Other measures	(1.1) The Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline.
	(2) Subsection 48(2) of the English version of the Act is replaced by the following:
Regulations as to safety and security	(2) The Board may, with the approval of the Governor in Council, make regulations governing the design, construction, operation and abandonment of a pipeline and providing for the protection of property and the environment and the safety and security of the public and of the company's employees in the construction, operation and abandonment of a pipeline.
1994, c. 10, s. 25	85. Paragraphs 49(1)(a) and (b) of the Act are replaced by the following:
	(a) the safety and security of the public and of a company's employees;
	(b) the protection of property and the environment;
	(b.1) the safety and security of pipelines;
1994, c. 10, s. 25	86. (1) The portion of subsection 51.1(1) of the English version of the Act before paragraph (a) is replaced by the following:
Grounds for making order	51.1 (1) An inspection officer who is expressly authorized by the Board to make orders under this section may make an order if the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by
1994, c. 10, s. 25	(2) Paragraph 51.1(2)(b) of the English version of the Act is replaced by the following:
	(b) the company or any person involved in the pipeline, the excavation activity or the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment.
1990, c. 7, s. 23	87. Section 58.12 of the Act is replaced by the following:
Publication	58.12 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.
Waiver	(2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.
1990, c. 7, s. 23	88. Subsection 58.31(4) of the Act is replaced by the following:
Directions	(4) The Board may direct the owner of a facility constructed across, on, along or under a power line in contravention of this Act or the Board's orders or regulations to do such things as the Board considers necessary for the safety or security of the power line and may, if the Board considers that the facility may impair the safety or security of the operation of the power line, direct the owner to reconstruct, alter or remove the facility.
	89. Subsection 81(4) of the English version of the Act is replaced by the following:
Terms of leave	(4) The Board may grant the application referred to in subsection (3) on such terms and conditions for the protection, safety or security of the public as seem expedient to the Board, and may order that such things be done as under the circumstances appear to the Board to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.
	90. Section 82 of the Act is replaced by the following:
Examination of site of mining operations	82. If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of the public, a company may, with the written permission of the Board and after giving twenty-four hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
1990, c. 7, s. 28	91. Subsection 112(4) of the Act is replaced by the following:
Directions	(4) The Board may direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Board's orders or regulations to do such things as the Board considers necessary for the safety or security of the pipeline and may, if the Board considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.
1990, c. 7, s. 34	92. Section 119.04 of the Act is replaced by the following:
Publication	119.04 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.
Waiver	(2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.
	93. The Act is amended by adding the following after section 130:
Security regulations	131. (1) The Board may, with the approval of the Governor in Council, make regulations respecting the security of pipelines and international power lines, including, without limiting the generality of the foregoing, regulations respecting standards, plans and audits relating to the security of pipelines and international power lines.
Offence and punishment	(2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable
	(a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or
	(b) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.