Bill C-5
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48-49 ELIZABETH II |
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CHAPTER 28 |
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An Act to establish the Canadian Tourism
Commission
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[Assented to 20th October, 2000]
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| Preamble
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Whereas the Canadian tourism industry is
vital to the social and cultural identity and
integrity of Canada;
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Whereas the Canadian tourism industry
makes an essential contribution to the
economic well-being of Canadians and to the
economic objectives of the Government of
Canada;
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Whereas the Canadian tourism industry
consists of mainly small and medium-sized
businesses that are essential to Canada's goals
for entrepreneurial development and job
creation;
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And Whereas it is desirable to strengthen
Canada's commitment to Canadian tourism
by establishing a Tourism Commission that
would work with the governments of the
provinces and the territories and the Canadian
tourism industry to promote the interests of
that industry and to market Canada as a
desirable tourist destination;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Canadian
Tourism Commission Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``Commission
'' « Commission »
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``Commission'' means the Canadian Tourism
Commission established by section 3.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Industry.
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CANADIAN TOURISM COMMISSION |
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Establishment |
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| Establish- ment
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3. There is hereby established a corporation
to be known as the Canadian Tourism
Commission.
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Status |
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| Agent of Her
Majesty
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4. The Commission is, for the purposes of
this Act, an agent of Her Majesty in right of
Canada.
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Objects |
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| Objects
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5. The objects of the Commission are to
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Powers |
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| Powers
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6. (1) For the purpose of carrying out its
objects, the Commission has the capacity and,
subject to this Act, the rights, powers and
privileges of a natural person.
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| Restriction
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(2) The Commission may not initiate or
finance programs involving the acquisition or
construction of real property, immovables or
facilities related to tourism.
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Board of Directors |
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| Role
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7. The affairs and business of the
Commission shall be managed by a Board of
Directors.
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| Constitution
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8. The Board consists of not more than
twenty-six directors, including a Chairperson
and a President.
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| Appointment
of
Chairperson
and term of
office
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9. The Chairperson shall be appointed by
the Governor in Council to hold office during
pleasure on a part-time basis for a term of not
more than five years.
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| Appointment
of President
and term of
office
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10. The President shall be appointed by the
Governor in Council to hold office during
pleasure on a full-time basis for a term of not
more than five years.
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| Appointment
of private
sector
directors
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11. (1) Up to sixteen private sector directors
shall be appointed by the Minister, with the
approval of the Governor in Council.
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| Committee
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(2) The Board shall establish a committee
that shall provide advice to the Minister on the
appointment of directors under subsection (1).
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| Manner of
appointment
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(3) Of the directors appointed under
subsection (1),
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| Term of office
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(4) The directors appointed under
subsection (1) shall be appointed to hold office
during pleasure on a part-time basis for a term
of not more than three years.
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| Definitions
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(5) The definitions in this subsection apply
in this section.
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| ``private
sector
director'' « administra- teur du secteur privé »
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``private sector director'' means a director
who is a tourism operator or a private sector
representative.
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| ``private
sector
representa- tive'' « représentant du secteur privé »
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``private sector representative'' means a
tourism operator or a person with the
expertise required to satisfy the Board's
needs.
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| ``tourism
operator'' « exploitant d'entreprise touristique »
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``tourism operator'' means an owner or a
manager of a private sector tourism
business.
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| Appointment
of public
sector
directors
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12. (1) The Minister, with the approval of
the Governor in Council, shall appoint public
sector directors in the numbers specified in
subparagraphs 11(3)(a)(i) to (vi) to represent
the regions set out in those subparagraphs.
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| Ministers to
designate
persons
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(2) The directors who are to be appointed
under subsection (1) shall be appointed from
among persons designated by the provincial or
territorial ministers responsible for tourism.
Those ministers may designate deputy
ministers, persons who are equivalent to
deputy ministers or persons who are heads of
provincial or territorial agencies.
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| Term of office
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(3) The directors appointed under
subsection (1) shall be appointed to hold office
during pleasure on a part-time basis for a term
of not more than three years.
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| Ex officio
director
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13. The Deputy Minister of Industry is, ex
officio, a director.
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| Re-appointme
nt
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14. A director is eligible to be re-appointed
to the Board in the same or another capacity.
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Remuneration and Fees |
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| President
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15. The President shall be paid the
remuneration that the Governor in Council
may fix.
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| Private sector
directors
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16. The Chairperson and the private sector
directors, other than the President, shall be
paid the fees that the Governor in Council may
fix.
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Chairperson |
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| Duties
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17. The Chairperson shall determine the
times when and places where the Board will
meet and shall preside at those meetings.
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| Absence, etc.,
of
Chairperson
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18. If the Chairperson is absent or
incapacitated or if the office of Chairperson is
vacant, the Board may designate any director
appointed under section 11 to exercise the
powers and perform the duties and functions
of the Chairperson during the absence,
incapacity or vacancy, but no director may be
so designated for a period exceeding ninety
days without the approval of the Governor in
Council.
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President |
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| Duties
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19. The President is the chief executive
officer of the Commission and has supervision
over and direction of the work of the
Commission including the management of its
internal affairs and the hiring and termination
of its staff.
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| Absence, etc.,
of President
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20. If the President is absent or
incapacitated or if the office of President is
vacant, the Board may designate any person to
exercise the powers and perform the duties
and functions of the President during the
absence, incapacity or vacancy, but no person
may be so designated for a period exceeding
ninety days without the approval of the
Governor in Council.
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| Delegation
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21. Subject to any contrary provision in any
other Act of Parliament, the President may
delegate to any person any power, duty or
function conferred on the President under this
Act or any other enactment.
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Meetings |
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| Minimum
number of
meetings
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22. The Board shall meet at least twice a
year.
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By-laws |
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| By-laws
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23. The Board shall make by-laws
respecting the management and conduct of the
affairs of the Commission and the carrying out
of the duties of the Board, including by-laws
establishing
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Head Office |
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| Head office
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24. The head office of the Commission shall
be in the place in Canada that the Governor in
Council may, by order, designate.
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Accident Compensation |
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| Accident
compensation
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25. The Chairperson, the President, the
private sector directors and the employees of
the Commission 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 under
section 9 of the Aeronautics Act.
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