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Bill C-29

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HUMAN RESOURCES

Personnel

13. (1) The Chief Executive Officer has exclusive authority to

    (a) appoint, lay-off or terminate the employment of the employees of the Agency; and

    (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

Right of employer

(2) Nothing in the Public Service Staff Relations Act shall be construed to affect the right or authority of the Chief Executive Officer to deal with the matters referred to in paragraph (1)(b).

Personnel management

(3) Subsection 11(2) of the Financial Administration Act does not apply with respect to the Agency and the Chief Executive Officer may

    (a) determine the organization of and classify the positions in the Agency;

    (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

    (c) provide for any other matters that the Chief Executive Officer considers necessary for effective personnel management in the Agency.

Political partisanship

14. (1) For the purposes of sections 32 to 34 of the Public Service Employment Act, the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee within the meaning of that Act.

Services of the Public Service Commission

(2) The Public Service Commission may, at the request of the Agency, provide any service to the Agency that it is authorized to provide to a department under the Public Service Employment Act or any other related service, and may recover from the Agency the costs incurred in providing the service, and the Commission is, for greater certainty, authorized to enter into arrangements with the Agency for those purposes.

Negotiation of collective agreements

15. Notwithstanding section 56 of the Public Service Staff Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit.

GENERAL

Charter for the Agency

16. (1) The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing

    (a) the provision of services by the Agency to the public; and

    (b) the management of the human resources of the Agency.

Available to the public

(2) The charter established under subsection (1) shall be made available to the public.

Principal office

17. The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

Legal proceedings

18. (1) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty.

Property

(2) Property acquired by the Agency is the property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty or in the name of the Agency.

FINANCIAL PROVISIONS

Appropriation s

19. (1) Money may be appropriated by Parliament from time to time by way of a vote in an appropriation Act or any other Act of Parliament, for the period that may be specified in the Act, for the purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions.

Multi-year lapsing

(2) The unexpended balance of money referred to in subsection (1) appropriated by any Act of Parliament for the purpose of making operational expenditures of the Agency lapses at the end of the fiscal year following the year in which the money was originally appropriated or at the end of any longer period that may be specified in the Act.

Interpretation

20. (1) For the purposes of paragraphs (2)(b) and 21(2)(a), terms and expressions used in those paragraphs have the same meaning as in the Federal Real Property Act.

Operational revenues

(2) Notwithstanding subsection 29.1(1) of the Financial Administration Act, the Agency may, for the purposes referred to in subsection 19(1), spend amounts equal to revenues resulting from the conduct of its operations in that or subsequent fiscal years, including

    (a) proceeds from the sale, exchange, loan or other disposition or the licensing of any personal property or moveables acquired, held or administered by the Agency;

    (b) proceeds from any of the following transactions in respect of federal real property under the administration of the Minister for the purposes of the Agency:

      (i) the lease or giving of a licence,

      (ii) the transfer to Her Majesty in any right other than Canada of the administration and control, otherwise than in perpetuity, and

      (iii) a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a);

    (c) proceeds from, including fees paid under any Act of Parliament in respect of, the provision by the Agency of a service, of the use of a facility or of a product, right or privilege;

    (d) proceeds from any money recovered under section 29; and

    (e) any refund of expenditures made in previous fiscal years.

Establishment of New Parks and Historic Sites Account

21. (1) There is hereby established an account in the accounts of Canada to be called the New Parks and Historic Sites Account.

Amounts credited to Account

(2) There shall be credited to the New Parks and Historic Sites Account money appropriated by Parliament from time to time by way of an appropriation Act or any other Act of Parliament for the purposes specified in subsection (3), and any revenues of the Agency resulting, including proceeds, from

    (a) any of the following transactions in respect of federal real property under the administration of the Minister for the purposes of the Agency:

      (i) the sale or any other disposition in perpetuity of any right or interest,

      (ii) the transfer of administration to another minister or to an agent corporation, and

      (iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and

    (b) a gift, bequest or other form of donation made for the purposes of the Agency or for any purpose specified in subsection (3).

Payments out of New Parks and Historic Sites Account

(3) Subject to the approval by the Treasury Board of the corporate plan prepared under section 33, amounts may, notwithstanding any other Act of Parliament, be paid out of the New Parks and Historic Sites Account for the following purposes:

    (a) to acquire any historic place, or lands for historic museums, or any interest therein, for the purpose of paragraph 3(d) of the Historic Sites and Monuments Act;

    (b) to acquire any real property or immoveables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site or other protected heritage area that has not yet attained full operational status;

    (c) to maintain, develop or restore any national park, national historic site or other protected heritage area that has not yet attained full operational status, and to make any related contribution or other payment;

    (d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and

    (e) to repay advances made under subsection 22(2).

Determination of status

(4) The Chief Executive Officer must, in accordance with the guidelines established under subsection (5), determine whether a national park, national historic site or other protected heritage area has attained full operational status for the purposes of paragraphs (3)(b) and (c).

Guidelines

(5) The Chief Executive Officer must, with the approval of the Minister, establish guidelines respecting the making of a determination under subsection (4).

Statutory appropriation

22. (1) There is hereby appropriated from the Consolidated Revenue Fund the amount of ten million dollars for the purpose of providing advances, from time to time, to the New Parks and Historic Sites Account.

Advances to the Account

(2) The Minister of Finance may, on the request of the Minister, authorize the making of advances to the New Parks and Historic Sites Account from the money appropriated under subsection (1) in accordance with any terms and conditions that have been approved by the Treasury Board.

Credits to the Account

(3) An advance made as authorized under subsection (2) must be credited to the New Parks and Historic Sites Account.

Repayment of advances

(4) The repayment of the principal amount of any advance made as authorized under subsection (2) shall, in accordance with any direction made by the Treasury Board, be charged to the New Parks and Historic Sites Account and credited to the balance outstanding of money appropriated under subsection (1), and the payment of any amount on account of interest payable on the advance may be made from money appropriated under an Act of Parliament as authorized under subsection 19(1).

Amount may be changed

(5) The amount of advances authorized under subsection (1) may be amended, from time to time, by an item in an appropriation Act.

FEES

Fees for services and use of facilities

23. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency.

Amount not to exceed cost

(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Fees for products, rights and privileges

24. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating fees in respect of products, rights or privileges provided by the Agency.

Consultation

25. (1) Before fixing a fee under section 23 or 24, the Minister must consult with any persons and organizations that the Minister considers to be interested in the matter.

Publication

(2) The Minister must publish any fee fixed under section 23 or 24 in the Canada Gazette within thirty days after fixing it.

Reference to Scrutiny Committee

(3) A fee fixed under section 23 or 24 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Regulations

26. The Treasury Board may make regulations for the purposes of sections 23 and 24.

Collection of fees

27. The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person to withhold amounts from those fees.

Remission of fees

28. The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it.

Recovery of fees and costs

29. The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act.

Delegation

30. The Minister may delegate to the Agency any power, duty or function conferred on the Minister under sections 23 to 25 and 28.

REPORTS AND PLANS

Report on state of Canadian protected heritage areas and heritage protection programs

31. At least every two years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites and other protected heritage areas and heritage protection programs, and on the performance of the Agency in carrying out its responsibilities under section 6.

Management plans

32. (1) In addition to the duties in relation to management plans for parks under the National Parks Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, or within five years after the date that this section comes into force, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

Review of management plans by Minister

(2) The Minister shall review the management plan of a national historic site or other protected heritage area every five years and shall cause any amendments to the plan to be tabled with the plan in each House of Parliament.

Corporate plan

33. (1) The Chief Executive Officer must submit to the Minister, before March 31 of each year and beginning the year that the Agency is established, a corporate plan for the operations of the Agency and the Minister must, after the plan is approved by the Treasury Board, table a summary of the plan in each House of Parliament on any of the first thirty days on which that House is sitting after the plan is so approved, at which time the plan shall be made available to the public on request.

Contents of corporate plan

(2) The corporate plan must include

    (a) a statement of the Agency's objectives, management strategies to achieve those objectives, expected performances and associated financial budgets for the approaching fiscal year and the four following fiscal years; and

    (b) any other information that the Treasury Board may require to be included in it.

Terms and conditions for approval of plan

(3) The Treasury Board may specify any terms and conditions that the Treasury Board considers appropriate for the approval of a corporate plan or an amendment to a corporate plan.

Restriction on activity

(4) The Agency shall not carry on any activity in a manner that is inconsistent with its corporate plan as approved by the Treasury Board.

Annual report

34. (1) The Chief Executive Officer must, before September 30 of each year following the Agency's first full year of operations, submit an annual report on the operations of the Agency for the preceding year to the Minister and the Minister must table a copy of the report in each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.

Contents of annual report

(2) The annual report must include

    (a) the financial statements of the Agency and the Auditor General of Canada's opinion on them;

    (b) information about the Agency's performance with respect to the objectives established in the corporate plan and a summary statement of the assessment by the Auditor General of Canada of the fairness and reliability of that information;

    (c) any other information that the Minister or the Treasury Board may require to be included in it; and

    (d) a summary of any report prepared under subsection 35(1) during the year for which the annual report is submitted.

Report on human resources regime

35. (1) The Chief Executive Officer must, at least every five years, have prepared by a person or body, other than the Agency or any of its officers or employees, a report on the consistency of its human resources regime with the values and principles that are to govern the management of its human resources.

Available to the public

(2) The report prepared under subsection (1) shall be made available to the public.

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