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Bill C-44

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Copyright Board

R.S., c. C-42

Amendments to the Copyright Act

R.S., c. 10 (4th Supp.), s. 12

87. (1) Subsection 66(1) of the Copyright Act is replaced by the following:

Establish-
ment

66. (1) There is hereby established a Board, to be known as the Copyright Board, consisting of not more than five members, including a Chairperson , to be appointed by the Governor in Council.

R.S., c. 10 (4th Supp.), s. 12

(2) Subsection 66(3) of the Act is replaced by the following:

Chairperson

(3) The Chairperson must be a judge, either sitting or retired, of a superior, county or district court.

(3) Section 66 of the Act is amended by adding the following after subsection (4):

Vice-
Chairperson

(4.1) The Governor in Council shall designate one of the members, other than the Chairperson, to hold office as Vice-Chairperson.

R.S., c. 10 (4th Supp.), s. 12

(4) Subsection 66(7) of the Act is replaced by the following:

Retirement pensions

(7) The full-time members of the Board, other than the Chairperson, are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

Compensa-
tion

(8) 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.

Tenure of office

(5) For greater certainty, the person who holds office as Vice-Chairman of the Copyright Board immediately before the coming into force of subsection (3) 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.

R.S., c. 10 (4th Supp.), s. 12

88. Section 66.1 of the English version of the Act is replaced by the following:

Duties of Chairperson

66.1 (1) The Chairperson shall direct the work of the Board and apportion its work among the members of the Board.

Absence or incapacity of Chairperson

(2) If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the Vice-Chairperson has all the powers and functions of the Chairperson during the absence, incapacity or vacancy.

Duties of Vice-
Chairperson

(3) The Vice-Chairperson is the chief executive officer of the Board and has supervision over and direction of the Board and its staff.

R.S., c. 10 (4th Supp.), s. 12

89. Section 66.2 of the Act is replaced by the following:

Remunera-
tion and fees

66.2 (1) The full-time members of the Board shall be paid any remuneration and the part-time members of the Board 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.

National Parole Board

1992, c. 20

Amendments to the Corrections and Conditional Release Act

1993, c. 34, s. 57(F)

90. Sections 103 and 104 of the Corrections and Conditional Release Act are replaced by the following:

Board continued

103. (1) The National Parole Board is hereby continued, to consist of any full-time and part-time members that the Governor in Council, on the recommendation of the Minister, considers necessary to discharge the responsibilities of the Board .

Tenure

(2) The full-time and part-time members shall be appointed by the Governor in Council to hold office during good behaviour for periods not exceeding five years and three years, respectively, and may be removed at any time by the Governor in Council for cause.

Re-
appointment

(3) A member may be re-appointed to the Board.

Chairperson and Vice-
Chairperson

104. The Governor in Council shall designate one of the full-time members of the Board to be its Chairperson and, on the recommendation of the Minister, one of the full-time members to be its Vice-Chairperson.

91. Subsection 105(3) of the Act is replaced by the following:

Divisions

(3) Each member of the Board other than the Chairperson and the Vice-Chairperson shall be assigned to a division of the Board specified in the instrument of appointment.

92. Subsection 146(1) of the Act is replaced by the following:

Constitution of Appeal Division

146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members and a number of part-time members designated by the Governor in Council on the recommendation of the Minister from among the members appointed pursuant to subsection 103(1) , and one of those full-time members may be designated Senior Board Member , Appeal Division.

93. The portion of subsection 147(2) of the Act before paragraph (a) is replaced by the following:

Decision of Senior Board Member

(2) The Senior Board Member , Appeal Division, or, where no Senior Board Member, Appeal Division, has been designated, the Vice-Chairperson , may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Senior Board Member, Appeal Division, or the Vice-Chairperson, as the case may be ,

94. Subsection 148(1) of the Act is replaced by the following:

Head office

148. (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act, but meetings of the Board may be held at such times and places as the Chairperson directs.

95. Sections 150 and 151 of the Act are replaced by the following:

Senior Board Members

150. (1) A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Senior Board Member for each regional division of the Board.

Responsibili-
ties

(2) The Senior Board Member for a division is responsible to the Chairperson for the professional conduct, training and quality of decision-making of Board members assigned to that division.

General

Policies

151. (1) After any consultation with Board members and staff of the Board that the Chairperson considers appropriate, the Chairperson

    (a) shall adopt policies relating to reviews under this Part; and

    (b) may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations.

Respect for diversity

(2) Policies adopted under paragraph (1) (a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.

96. Subsections 152(7) and (8) of the Act are replaced by the following:

Absence, etc., of Chairperson

(7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Vice-Chairperson may exercise all the powers of the Chairperson.

Absence, etc., of Vice-
Chairperson

(8) In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.

97. Section 153 of the Act is amended by adding the following after subsection (4):

Compensa-
tion

(5) 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.

Transitional Provisions

Full-time members

98. Subsection 103(2) of the Act, as enacted by section 90 of this Act, shall not be construed so as to affect the term of office of any person who, on the day on which that section comes into force, is a full-time member of the National Parole Board.

Vice-
Chairperson

99. The person who, on the day on which section 90 of this Act comes into force, holds the office of Executive Vice-Chairperson of the National Parole Board becomes, on that day, Vice-Chairperson of the Board.

Senior Board Member, Appeal Division

100. The person who, on the day on which section 92 of this Act comes into force, holds the office of Vice-Chairperson, Appeal Division of the National Parole Board becomes, on that day, Senior Board Member, Appeal Division of the National Parole Board.

Senior Board Members of regional divisions

101. Every person who, on the day on which section 95 of this Act comes into force, holds the office of Vice-Chairperson for a regional division of the National Parole Board becomes, on that day, Senior Board Member for that regional division.

Employment Support Board

Closing out Affairs of Board

References

102. (1) Every reference to the Employment Support Board, established under subsection 6(1) of the Employment Support Act, in any deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to Her Majesty in right of Canada.

Closing out affairs

(2) The Minister of Industry may do and perform all acts and things necessary for and incidental to closing out the affairs of the Employment Support Board.

Repeal

Repeal

103. The Employment Support Act, chapter 56 of the Statutes of Canada, 1970-71-72, is repealed.

Petroleum Monitoring Agency

R.S., c. E-8

Amendments to the Energy Monitoring Act

104. The definition ``Agency'' in subsection 2(1) of the Energy Monitoring Act is repealed.

105. Section 9 of the Act is repealed.

1994, c. 41, par. 38(1)(b)

106. The heading before section 16 and sections 16 to 29 of the Act are replaced by the following:

Reports

28. (1) Subject to subsection (2), the Minister may publish any reports that the Minister considers appropriate and necessary in respect of energy commodities and energy enterprises and their holdings and operations.

Disclosure of certain information only

(2) The Minister shall not disclose in any report published pursuant to subsection (1) any statistic, information or documentation obtained by the Minister under this Act or any other Act of Parliament that identifies or permits the identification of the individual, corporation, partnership, trust or organization to which the statistic, information or documentation relates without the written consent of that individual, corporation, partnership, trust or organization.

107. Section 33 of the Act is replaced by the following:

Privilege

33. The statistics, information and documentation obtained by the Minister under this Act, by the Energy Supplies Allocation Board under section 15 or by the persons referred to in paragraphs 34(a) and (b) are privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom they were obtained.

108. Section 42 of the Act is repealed.

Consequential Amendments

R.S., c. A-1

Access to Information Act

109. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Petroleum Monitoring Agency

    Agence de surveillance du secteur pétrolier

R.S., c. F-11

Financial Administration Act

1994, c. 41, s. 25

110. Schedule I.1 to the Financial Administration Act is amended by striking out the following in column I:

Petroleum Monitoring Agency

    Agence de surveillance du secteur pétrolier

and the corresponding reference in column II to the ``Minister of Natural Resources''.

R.S., c. P-21

Privacy Act

111. The schedule to the Privacy Act is amended by striking out the following under the heading ``Other Government Institutions'':

Petroleum Monitoring Agency

    Agence de surveillance du secteur pétrolier

R.S., c. P-36

Public Service Superannuation Act

112. Part II of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

Petroleum Monitoring Agency

    Agence de surveillance du secteur pétrolier