Bill C-26
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R.S., c. 4 (2nd Supp.)
Family Orders and Agreements Enforcement Assistance Act
1999, c. 31, s. 9(F)
111. Section 15 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:
Information banks that may be searched
15. The information banks that may be searched under this Part are the information banks designated by the regulations from among the information banks controlled by the Department of Human Resources Development, the Canada Revenue Agency and the Canada Employment Insurance Commission.
R.S., c. F-9
Feeds Act
1997, c. 6, s. 46
112. Subsection 6(2) of the Feeds Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
R.S., c. F-10
Fertilizers Act
1997, c. 6, s. 49
113. Subsection 6(2) of the Fertilizers Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
R.S., c. F-11
Financial Administration Act
SOR/2003-431
114. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Canada Border Services Agency
Agence des services frontaliers du Canada
and the corresponding reference in column II to the Appropriate Minister for that Agency.
115. Schedule II to the Act is amended by adding the following in alphabetical order:
Canada Border Services Agency
Agence des services frontaliers du Canada
R.S., c. F-12
Fish Inspection Act
1997, c. 6, s. 60
116. Subsection 17(2) of the Fish Inspection Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 4(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.
1990, c. 21
Health of Animals Act
1997, c. 6, s. 68
117. Subsection 32(2) of the Health of Animals Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.
2001, c. 27
Immigration and Refugee Protection Act
118. Section 4 of the Immigration and Refugee Protection Act is replaced by the following:
Minister of Citizenship and Immigration
4. (1) Subject to subsection (2), the Minister of Citizenship and Immigration is responsible for the administration of this Act.
Solicitor General of Canada
(2) The Minister as defined in section 2 of the Canada Border Services Agency Act is responsible for the administration of this Act as it relates to
(a) examinations at ports of entry;
(b) the enforcement of this Act, including arrest, detention and removal;
(c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or
(d) determinations under any of subsections 34(2), 35(2) and 37(2).
Specification
(3) Subject to subsections (1) and (2), the Governor in Council may specify
(a) which Minister referred to in subsections (1) and (2) shall be the Minister for the purposes of any provision of this Act; and
(b) that both Ministers may be the Minister for the purposes of any provision of this Act and the circumstances under which each Minister shall be the Minister.
Publication
(4) Any order made under subsection (3) must be published in Part II of the Canada Gazette.
2004, c. 15, s. 72
119. (1) Paragraphs 150.1(1)(a) and (b) of the Act are replaced by the following:
(a) the collection, retention, use, disclosure and disposal of information for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act; and
(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act.
2004, c. 15, s. 72
(2) Subsection 150.1(2) of the Act is replaced by the following:
Conditions
(2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.
R.S., c. 1 (5th Supp.)
Income Tax Act
120. Subsection 244(13) of the Income Tax Act is replaced by the following:
Proof of documents
(13) Every document purporting to have been executed under, or in the course of the administration or enforcement of, this Act over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner of Revenue or an officer authorized to exercise a power or perform a duty of the Minister under this Act is deemed to have been signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner of Revenue or the officer unless it has been called in question by the Minister or by a person acting for the Minister or Her Majesty.
R.S., c. 25 (1st Supp.)
Meat Inspection Act
1997, c. 6, s. 72
121. The definition “inspector” in subsection 2(1) of the Meat Inspection Act is replaced by the following:
“inspector”
« inspecteur »
« inspecteur »
“inspector” means a person designated as an inspector pursuant to subsection 12(1) or (1.1);
1997, c. 6, s. 73
122. Subsection 12(2) of the Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle.
1990, c. 22
Plant Protection Act
1997, c. 6, s. 82
123. Subsection 21(2) of the Plant Protection Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.
2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
124. (1) The definition “Commissioner” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.
(2) The definition “Minister” in section 2 of the Act is replaced by the following:
“Minister”
« ministre »
« ministre »
“Minister” means, in relation to sections 25 to 39, the Solicitor General of Canada and, in relation to any other provision of this Act, the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of that provision.
(3) Section 2 of the Act is amended by adding the following definition in alphabetical order:
“President”
« président »
« président »
“President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act.
125. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and
126. (1) Paragraph 55(3)(b) of the Act is replaced by the following:
(b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;
(b.1) the Canada Border Services Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency; and
2001, c. 41, s. 123(1)
(2) Paragraph 55(3)(d) of the Act is replaced by the following:
(d) the Canada Border Services Agency, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act.
(3) Section 55 of the Act is amended by adding the following after subsection (3):
Exception
(3.1) Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act.
127. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively:
(a) section 20;
(b) subsection 26(1);
(c) section 31;
(d) subsections 32(3) and (4);
(e) subsection 35(1); and
(f) subsection 39(2).
R.S., c. P-36
Public Service Superannuation Act
128. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Canada Border Services Agency
Agence des services frontaliers du Canada
R.S., c. R-9
Royal Canadian Mint Act
129. The definition “Minister” in section 2 of the Royal Canadian Mint Act is repealed.
130. The Act is amended by adding the following after section 2:
DESIGNATION OF MINISTER
Power of Governor in Council
2.1 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
R.S., c. S-8
Seeds Act
1997, c. 6, s. 88
131. Subsection 5(2) of the Seeds Act is replaced by the following:
Designation
(1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.
Certificate to be produced
(2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.
R.S., c. S-15
Special Import Measures Act
1999, c. 17, s. 180(2)
132. (1) The definition “Commissioner” in subsection 2(1) of the Special Import Measures Act is repealed.
(2) The definition “Minister” in subsection 2(1) of the Act is replaced by the following:
“Minister”
« ministre »
« ministre »
“Minister” means the Solicitor General of Canada;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“President”
« président »
« président »
“President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act;
1999, c. 17, s. 182
133. Section 94 of the Act is replaced by the following:
Ruling binding
94. A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the President, and on every person employed by the Canada Border Services Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the President at the time the Tribunal gives its ruling come to the President’s attention after it is given.
134. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively:
(a) subparagraph (b)(iii) of the definition “properly documented” in subsection 2(1);
(b) the definition “undertaking” or “undertakings” in subsection 2(1);
(c) subsections 2(7.3), (7.4) and (9);
(d) paragraph 4(2)(a);
(e) paragraph 5(b);
(f) paragraphs 6(b) and (c);
(g) subsection 7(1);
(h) subsections 8(1) to (2), (5) and (6);
(i) the portion of subsection 9.2(1) before paragraph (a);
(j) the portion of subsection 9.21(1) before paragraph (a);
(k) the portion of section 9.3 before paragraph (a);
(l) section 10;
(m) subsections 12(2) and (3);
(n) subsections 13.2(1), (3) and (4);
(o) paragraph 15(d);
(p) paragraphs 16(1)(a) to (c);
(q) paragraph 16(2)(b);
(r) sections 17 to 20;
(s) subsections 25(1) and (2);
(t) subsection 29(1);
(u) subsection 30.2(2);
(v) subsections 30.3(1) and (2);
(w) subsection 30.4(2);
(x) subsections 31(1) and (6) to (8);
(y) subsections 31.1(1) to (4);
(z) sections 32 to 39;
(z.1) sections 41 to 41.2;
(z.2) the portion of subsection 43(2) before paragraph (a);
(z.3) the portion of section 46 after paragraph (b);
(z.4) subsection 47(3);
(z.5) sections 49 and 50;
(z.6) sections 51 to 52;
(z.7) section 53;
(z.8) section 53.1;
(z.9) subsection 55(1);
(z.10) the heading before section 56;
(z.11) section 57;
(z.12) subsections 58(1.1) and (2);
(z.13) subsections 59(1) to (3.1) and (4);
(z.14) the portion of subsection 60(2) before paragraph (a);
(z.15) subsection 61(1);
(z.16) paragraph 62(1)(b);
(z.17) subsections 76.01(1) and (6);
(z.18) subsections 76.02(1) and (5);
(z.19) subsections 76.03(3) and (6) to (11);
(z.20) section 76.1;
(z.21) the definition “appropriate authority” in subsection 77.01(1);
(z.22) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.01(1);
(z.23) the definition “appropriate authority” in subsection 77.1(1);
(z.24) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.1(1);
(z.25) the portion of subsection 78(1) after paragraph (b);
(z.26) subsections 78(3) to (5);
(z.27) subsection 81(1);
(z.28) sections 83 and 83.1;
(z.29) paragraph 84(2)(b);
(z.30) the portion of subsection 84(3) before paragraph (a);
(z.31) subsection 84(3.1);
(z.32) sections 85 to 89;
(z.33) paragraphs 91(1)(c) to (g);
(z.34) paragraph 91(3)(b);
(z.35) sections 95 and 96;
(z.36) subsections 96.1(1) to (3) and (6);
(z.37) subsection 96.11(1);
(z.38) section 96.2;
(z.39) paragraphs 96.4(1)(a) and (b); and
(z.40) paragraphs 97(1)(k.3) and (k.4).
135. Every reference to “Commissioner” in the following provisions of the English version of the Act is replaced by a reference to “President”:
(a) the definition “prescribed” in subsection 2(1);
(b) subsection 77.011(4);
(c) subparagraph 77.012(1)(a)(ii);
(d) subsection 77.013(3);
(e) subsection 77.11(3);
(f) subparagraph 77.12(1)(a)(ii);
(g) subsection 77.13(2);
(h) the heading before section 78;
(i) paragraph 78(1)(a);
(j) subsection 78(2);
(k) subsections 79(1) and (2); and
(l) paragraph 84(1)(b).
136. Every reference to “commissaire” in the following provisions of the French version of the Act is replaced by a reference to “président”:
(a) subsection 13.2(2);
(b) subsection 56(1.01);
(c) subsection 56(1.1);
(d) subsection 77.021(2); and
(e) subsection 77.21(2).
Application
137. The provisions of the Special Import Measures Act, as enacted or amended by sections 132 to 136 and paragraph 145(2)(i) of this Act, apply to goods of a NAFTA country, as defined in subsection 2(1) of that Act.
Terminology Changes
138. Every reference to the “Canada Customs and Revenue Agency” in the following provisions is replaced by a reference to the “Canada Revenue Agency”:
(a) Schedule I to the Access to Information Act;
(b) the schedule to the Auditor General Act;
(c) in the Canada Pension Plan,
(i) subsection 25(12),
(ii) the portion of subsection 26.1(1) before paragraph (a),
(iii) subsection 27.2(2),
(iv) subsection 41(6),
(v) subsection 103(3),
(vi) paragraph 104.03(2)(a), and
(vii) subsection 104.03(3);
(d) paragraph 72(c) of the Canada Petroleum Resources Act;
(e) subsection 462.48(14) of the Criminal Code;
(f) subsection 33(2) of the Cultural Property Export and Import Act;
(g) in the Employment Insurance Act,
(i) paragraph 69(3)(f),
(ii) subsection 88(12),
(iii) the portion of subsection 90(1) before paragraph (a),
(iv) subsection 93(2),
(v) subsection 102(1),
(vi) subsections 102(5) to (11),
(vii) subsection 102(18),
(viii) section 122, and
(ix) paragraph 131(1)(a);
(h) paragraph (a) of the definition “holiday” in section 2 of the Excise Act;
(i) paragraph (c) of the definition “information bank director” in section 2 of the Family Orders and Agreements Enforcement Assistance Act;
(j) section 11 of the Farm Income Protection Act;
(k) in the Financial Administration Act,
(i) subsection 41(2), and
(ii) Schedule II;
(l) paragraph 3(2)(g) of the Importation of Intoxicating Liquors Act;
(m) in the Income Tax Act,
(i) subsection 165(2),
(ii) subsection 166.1(3),
(iii) subsection 231.4(1),
(iv) subsection 231.5(1),
(v) paragraph 237.1(5)(c),
(vi) subsection 244(1),
(vii) subsections 244(5) to (11), and
(viii) subsection 244(19);
(n) Schedule III to the Payments in Lieu of Taxes Act;
(o) paragraph 33.03(2)(a) of the Old Age Security Act;
(p) the schedule to the Privacy Act under the heading “Other Government Institutions”;
(q) in the Public Service Staff Relations Act,
(i) paragraph (m) of the definition “employee” in subsection 2(1),
(ii) paragraph (c) of the definition “managerial or confidential position” in subsection 2(1), and
(iii) Part II of Schedule I; and
(r) Part I of Schedule I to the Public Service Superannuation Act.
139. Every reference to the “Canada Customs and Revenue Agency” in the following provisions is replaced by a reference to the “Canada Border Services Agency”:
(a) paragraph 4.81(4)(b) of the Aeronautics Act;
(b) section 44 of the Copyright Act;
(c) section 42.1 of the Firearms Act; and
(d) paragraph 38(1)(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
140. Every reference to the “Commissioner of Customs and Revenue” in the following provisions is replaced by a reference to the “Commissioner of Revenue”:
(a) in the Canada Customs and Revenue Agency Act,
(i) the definition “Commissioner” in section 2, and
(ii) section 25;
(b) the portion of subsection 462.48(3) of the Criminal Code before paragraph (c);
(c) subsection 97(1) of the Employment Insurance Act;
(d) section 63 of the Energy Administration Act;
(e) in the Income Tax Act,
(i) subsection 166.2(3),
(ii) subsections 170(1) and (2),
(iii) subsection 220(1), and
(iv) subsections 232(5) to (7); and
(f) in the Petroleum and Gas Revenue Act,
(i) subsection 19(2),
(ii) subsections 22(2) and (3), and
(iii) subsection 29(1).
141. Every reference to the “Commissioner of Customs and Revenue” in the following provisions of the Customs Tariff is replaced by a reference to the “President of the Canada Border Services Agency”:
(a) subsections 134(1) and (2); and
(b) the List of Tariff Provisions set out in the schedule.
142. Every reference to the “Minister of National Revenue” in the following provisions is replaced by a reference to the “Solicitor General of Canada”:
(a) in the Aeronautics Act,
(i) paragraph 4.81(3)(b), and
(ii) paragraph 4.81(4)(b);
(b) subsection 40(1.1) of the Canada Post Act;
(c) in the Coasting Trade Act,
(i) subsection 2(3),
(ii) subsection 4(1),
(iii) section 5, and
(iv) subsections 6(1) and (3);
(d) the definition “Minister” in section 44.1 of the Copyright Act;
(e) in the Customs Tariff,
(i) section 9,
(ii) subsection 16(2.1),
(iii) subsection 18(2),
(iv) subsection 19(2),
(v) section 88,
(vi) paragraph 89(3)(d),
(vii) subsection 89(4),
(viii) subsections 90(1) and (2),
(ix) section 91,
(x) section 93,
(xi) subsection 95(4),
(xii) the portion of section 99 before paragraph (a),
(xiii) section 100,
(xiv) paragraph 101(3)(b),
(xv) paragraph 102(a),
(xvi) subsection 105(2),
(xvii) subsections 106(1) and (3) to (5),
(xviii) the portion of section 108 before paragraph (a),
(xix) subparagraph 108(f)(ii),
(xx) paragraph 109(c),
(xxi) section 112,
(xxii) paragraph 113(3)(a),
(xxiii) the portion of subsection 113(4) before paragraph (a),
(xxiv) subsection 115(1),
(xxv) section 117,
(xxvi) paragraph 118(1)(b),
(xxvii) paragraph 118(4)(a),
(xxviii) section 125,
(xxix) subsection 126(1),
(xxx) sections 129 and 130,
(xxxi) section 133,
(xxxii) subsections 134(1) and (2), and
(xxxiii) the List of Tariff Provisions set out in the schedule;
(f) section 52 of the Firearms Act;
(g) subsection 16(1) of the Department of Industry Act;
(h) in the Canada Shipping Act,
(i) section 472, and
(ii) paragraph 596(2)(b);
(i) section 25 of the Statistics Act;
(j) the definition “Minister” in section 52 of the Trade Marks Act; and
(k) section 24 of the Visiting Forces Act.
143. The reference to the “Minister of National Revenue” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff is replaced by a reference to the “Solicitor General of Canada”.
COORDINATING AMENDMENTS
2003, c. 22
144. (1) If the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(i) of this Act is repealed.
2003, c. 22
(2) If the definition “managerial or confidential position” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(ii) of this Act is repealed.
2003, c. 22
(3) If section 11 of the Public Service Modernization Act comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(iii) of this Act is repealed.
2003, c. 22
(4) On the later of the coming into force of section 11 of the Public Service Modernization Act and the coming into force of section 1 of this Act,
(a) the reference in Schedule V to the Financial Administration Act to the “Canada Customs and Revenue Agency” is replaced by a reference to the “Canada Revenue Agency”; and
(b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
Canada Border Services Agency
Agence des services frontaliers du Canada
2003, c. 22
(5) If section 1 of this Act comes into force before subsection 49(1) of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that subsection is replaced by the following:
Legal officers
49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.
2003, c. 22
(6) If section 1 of this Act comes into force before section 95 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:
Canada Revenue Agency Act
95. Paragraph 16(2)(c) of the English version of the Canada Revenue Agency Act is replaced by the following:
(c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.
2003, c. 22
(7) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, subsection 10(3) of the English version of this Act is replaced by the following:
Deemed employment
(3) The President and the Executive Vice-president are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
2003, c. 22
(8) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, a reference to the “public service of Canada” in the following provisions of the English version of this Act is replaced by a reference to “federal public administration”:
(a) the definition “former agency” in section 16; and
(b) subsections 18(1) and (2).
2003, c. 22
(9) If section 1 of this Act comes into force before section 224 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, paragraph 224(k) of that Act is replaced by the following:
(k) sections 21 and 66 of the Canada Revenue Agency Act;
2003, c. 22
(10) If section 1 of this Act comes into force before section 229 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:
Canada Revenue Agency Act
229. Subsection 55(1) of the Canada Revenue Agency Act is replaced by the following:
Mobility to departments
55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.
Bill C-6
145. (1) Subsections (2) and (3) apply if Bill C-6, introduced in the 1st Session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (in this section, the “other Act”), receives royal assent.
(2) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “Solicitor General of Canada” in the following provisions is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”:
(a) the definition “Minister” in section 2 of this Act;
(b) paragraph (b) of the definition “Minister” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 30 of this Act;
(c) section 5 of the Cultural Property Import and Export Act, as enacted by section 59 of this Act;
(d) in the Customs Act,
(i) the definition “Minister” in subsection 2(1), as enacted by subsection 60(2) of this Act,
(ii) subsection 97.211(1), as enacted by section 76 of this Act,
(iii) subsection 97.22(3), as enacted by section 77 of this Act,
(iv) subsection 97.34(2), as enacted by subsection 78(1) of this Act,
(v) subsections 97.34(4) and (5), as enacted by subsection 78(2) of this Act,
(vi) paragraph 107(3)(b), as enacted by subsection 80(2) of this Act, and
(vii) subsection 97.22(2) and sections 97.23 and 97.27, as amended by section 84 of this Act;
(e) in the Customs Tariff,
(i) paragraph 108(c), as enacted by section 88 of this Act, and
(ii) the provisions referred to in section 89 of this Act, as amended by that section;
(f) in the Excise Act, 2001,
(i) subsection 9(3), as enacted by section 93 of this Act,
(ii) subsection 68(1), as enacted by subsection 94(1) of this Act,
(iii) subsections 68(3) and (4), as enacted by subsection 94(2) of this Act,
(iv) paragraph 188(6)(b), as enacted by subsection 95(1),
(v) subparagraph 188(7)(b)(ii), as enacted by subsection 95(2) of this Act,
(vi) subsection 189(4), as enacted by section 96 of this Act,
(vii) paragraph (a.1) of the definition “confidential information” in subsection 211(1), as enacted by section 97 of this Act, and
(viii) subsection 301(8.1), as enacted by section 98 of this Act;
(g) in the Excise Tax Act,
(i) subsection 70(2.1) as enacted by section 101 of this Act,
(ii) subsection 105(5.1), as enacted by subsection 102(1) of this Act,
(iii) subsection 106.1(1.1), as enacted by section 103 of this Act,
(iv) paragraph 215.1(2)(b), as enacted by subsection 105(1) of this Act,
(v) paragraph 215.1(3)(b), as enacted by subsection 105(2) of this Act,
(vi) subsections 335(5.1) and (8.1), as enacted by section 107 of this Act,
(vii) section 1 of Part X of Schedule VI, as enacted by section 108 of this Act,
(viii) section 4 of Part I of Schedule X, as enacted by section 109 of this Act, and
(ix) section 6 of Part I of Schedule X, as enacted by section 110 of this Act;
(h) the definition “Minister” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by subsection 124(2) of this Act;
(i) the definition “Minister” in subsection 2(1) of the Special Import Measures Act, as enacted by subsection 132(2) of this Act; and
(j) the provisions referred to in section 142 of this Act, as amended by that section.
(3) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, the reference to the “Solicitor General of Canada” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff, as amended by section 143 of this Act, is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”.
(4) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “solliciteur général du Canada” in the French version of the provisions referred to in section 89 is replaced by a reference to “ministre de la Sécurité publique et de la Protection civile”.
(5) If it comes into force after section 114 of this Act, paragraph 34(1)(m) of the other Act is repealed on its coming into force.
Bill C-22
146. If Bill C-22, introduced in the 1st Session of the 38th Parliament and entitled the Department of Social Development Act (in this section, the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 2 of the other Act, section 15 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:
Information banks that may be searched
15. The information banks that may be searched under this Part are the information banks designated by the regulations from among the information banks controlled by the Department of Social Development, the Canada Revenue Agency and the Canada Employment Insurance Commission.
COMING INTO FORCE
Order in council
147. This Act, except for sections 144 to 146, comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Public Works and Government Services Canada
Available from:
Publishing and Depository Services
Public Works and Government Services Canada