Bill C-23
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Remuneration and Expenses |
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Remuneration
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13. Each member and each former member
to whom subsection 23(2) applies shall be paid
such remuneration and allowances as are fixed
by the Governor in Council and is entitled to
be paid reasonable travel and living expenses
incurred in the course of the member's or
former member's duties under this Act while
absent from, in the case of a full-time member
or former member, their ordinary place of
work and, in the case of a part-time member or
former member, their ordinary place of resi
dence.
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Meetings |
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Meetings
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14. (1) The Commission may meet for the
conduct of its affairs at such times and in such
places as are established by by-law of the
Commission.
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Telephone
conferences
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(2) A member may, subject to the by-laws
of the Commission, participate in a meeting of
the Commission by means of a telephone or
other communication device that permits all
persons participating in the meeting to hear
one another, and a member who participates in
a meeting by those means is deemed, for the
purposes of this Act, to be present at the
meeting.
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By-laws |
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By-laws
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15. The Commission may make by-laws
respecting the management and conduct of its
affairs and to meet its objects and carry out its
duties under this Act and may, without
limiting the generality of the foregoing, make
by-laws
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Officers, Employees and Contractors |
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Employment
of staff
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16. (1) The Commission may, notwith
standing any other Act of Parliament, appoint
and employ such professional, scientific,
technical or other officers or employees as it
considers necessary for the purposes of this
Act and may, with the approval of the Treasury
Board, establish the terms and conditions,
including remuneration, of their employment.
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Delegation to
President
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(2) The Commission may delegate to the
President any of the powers conferred on it by
subsection (1).
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Compensation
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(3) The members, officers and employees
of the Commission are deemed to be em
ployees 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.
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Technical
assistance
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17. (1) The Commission may enter into
contracts for the services of any persons
having technical or specialized knowledge of
any matter relating to the work of the Com
mission, to advise and assist the Commission
in the exercise or performance of any of its
powers, duties or functions under this Act, and
those persons shall receive such payment for
their services and such expenses as are fixed
by the Commission with the approval of the
Treasury Board.
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Delegation to
President
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(2) The Commission may delegate to the
President any of the powers conferred on it by
subsection (1).
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Civil Liability |
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Immunity
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18. (1) No civil proceedings may be brought
against any member or other person or
authority acting on behalf or under the direc
tion of the Commission for anything done,
reported or said in good faith in the course of
the exercise or performance or purported
exercise or performance of any power, duty or
function of the Commission under this Act or
for any alleged neglect or default in the
execution in good faith of any such power,
duty or function.
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Immunity
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(2) No civil proceedings may be brought
against any person or authority referred to in
subsection 44(8) or (9) for anything done,
reported or said in good faith in the course of
the exercise or performance or purported
exercise or performance of any power, duty or
function of the Commission under this Act or
for any alleged neglect or default in the
execution in good faith of any such power,
duty or function.
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Commission
not relieved
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(3) Nothing in this section relieves the
Commission of liability in respect of a tort or
extracontractual civil liability to which the
Commission would otherwise be subject.
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Directives |
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Directive of
Governor in
Council
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19. (1) The Governor in Council may, by
order, issue to the Commission directives of
general application on broad policy matters
with respect to the objects of the Commission.
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Directives
binding
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(2) An order made under this section is
binding on the Commission.
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Publication
and tabling
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(3) A copy of each order made under this
section shall be
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Powers |
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Court of
record
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20. (1) The Commission is a court of record.
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Witnesses and
records
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(2) The Commission has, with respect to the
appearance, summoning and examination of
witnesses, the production and inspection of
records, the enforcement of its orders and
other matters necessary or proper for the due
exercise of its jurisdiction, all such powers,
rights and privileges as are necessary to carry
out the duties of the Commission or to enforce
any order, including, without limiting the
generality of the foregoing, the power to
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Informal and
expeditious
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(3) All proceedings before the Commission
shall be dealt with as informally and expedi
tiously as the circumstances and consider
ations of fairness permit, but, in any case,
within the prescribed period of time.
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Not bound by
legal rules
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(4) The Commission is not bound by the
legal rules of evidence and in particular may
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Control of
subject- matter
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(5) Before conducting a proceeding, the
Commission may
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Control of
proceedings
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(6) The Commission may take such mea
sures as it considers necessary to maintain
order during proceedings before it and in
particular may limit the participation in the
proceedings of, or eject from the proceedings,
any person who disrupts the proceedings and,
where the person is ejected, continue the
proceedings in the person's absence.
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Assistance of
peace officers
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(7) A peace officer shall provide such
assistance as the Commission or a member of
the Commission may request for the purpose
of maintaining order during proceedings be
fore the Commission.
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Enforcement
of orders of
the
Commission
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(8) Any decision or order of the Commis
sion may, for the purpose of enforcement, be
made a rule, order or decree of the Federal
Court or of a superior court of a province and
may be enforced in like manner as a rule, order
or decree of that court.
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Procedure for
enforcement
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(9) To make a decision or order of the
Commission a rule, order or decree of the
Federal Court or a superior court, the usual
practice and procedure of the court in those
matters may be followed, or the President may
provide to the court a certified copy of the
decision or order under the seal of the
Commission and thereupon the decision or
order becomes a rule, order or decree of the
court.
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Powers
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21. (1) The Commission may, in order to
attain its objects,
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Refund of
fees
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(2) The Commission may, under the pre
scribed circumstances, refund all or part of
any fee referred to in paragraph (1)(g).
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Panels |
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Establishment
of panels
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22. (1) The President may establish a panel
of the Commission consisting of one or more
members and, subject to subsection (3), the
panel may, as directed by the President,
exercise or perform any or all of the powers,
duties and functions of the Commission.
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Act of a panel
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(2) An act of a panel is deemed to be an act
of the Commission.
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Exceptions
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(3) A panel may not make by-laws or
regulations or review a decision or order of the
Commission.
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Decision-Making |
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Decision- making by Commission
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23. (1) The President or the presiding
member shall not vote at a meeting of the
Commission or a panel of the Commission, as
the case may be, except that the President or
presiding member has and shall cast the
deciding vote in case of an equal division.
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Member
ceasing to
hold office
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(2) A person who has ceased to be a member
may, with the authorization of the President
and for such period as the President may fix,
take part in the disposition of any matter in
which that person became engaged while
holding office as a member, and a person so
authorized shall, for that purpose, be deemed
to be a member of the Commission.
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Where
member
unable to act
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(3) Where any member has taken part in a
matter and for any reason is unable to take part
in the disposition of the matter, the remaining
members who took part in the matter may,
with the authorization of the President, make
the disposition notwithstanding that the quo
rum may have been lost.
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Where
one-member
panel unable
to act
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(4) Where a panel consists of one member
and the member is at any time unable to
dispose of a matter that is before the panel, the
President may authorize another member to
consider and dispose of the matter.
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Licences |
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Licences
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24. (1) The Commission may establish
classes of licences authorizing the licensee to
carry on any activity described in any of
paragraphs 26(a) to (f) that is specified in the
licence for the period that is specified in the
licence.
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Application
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(2) The Commission may issue, renew,
suspend in whole or in part, amend, revoke or
replace a licence on receipt of an application
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Refund of
fees
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(3) The Commission may, under the pre
scribed circumstances, refund all or part of
any fee referred to in paragraph (2)(c).
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Conditions for
issuance, etc.
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(4) No licence may be issued, renewed,
amended or replaced unless, in the opinion of
the Commission, the applicant
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Terms and
conditions of
licences
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(5) A licence may contain any term or
condition that the Commission considers
necessary for the purposes of this Act, includ
ing a condition that the applicant provide a
financial guarantee in a form that is acceptable
to the Commission.
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Application of
proceeds of
financial
guarantee
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(6) The Commission may authorize the
application of the proceeds of any financial
guarantee referred to in subsection (5) in such
manner as it considers appropriate for the
purposes of this Act.
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Refund
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(7) The Commission shall grant to any
person who provided a financial guarantee
under subsection (5) a refund of any of the
proceeds of the guarantee that have not been
spent and may give the person, in addition to
the refund, interest at the prescribed rate in
respect of each month or fraction of a month
between the time the financial guarantee is
provided and the time the refund is granted,
calculated on the amount of the refund.
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Licence not
transferable
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(8) A licence may not be transferred.
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Renewal, etc.
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25. The Commission may, on its own
motion, renew, suspend in whole or in part,
amend, revoke or replace a licence under the
prescribed conditions.
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Prohibitions
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26. Subject to the regulations, no person
shall, except in accordance with a licence,
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